Ashima Pury, Practicing Advocate & LLM (IP) Candidate at Amity Law School, Noida
ABSTRACT
Intellectual property rights are the exclusive privilege given to the creator of a work, which has literary or artistic expression or that which is capable of industrial application over the creation of his mind or in other words, one’s own intellect and labour/efforts1. It is also believed that a creation of an author or a person also has a facet of one’s personality associated with it2, especially in the way how something has come out to be in the ultimate expression or in the final presentation as the creation of the human mind and bodily labour. If the theory of idea-expression dichotomy is to be applied here, it can be understood that many people or creators can have the same common ideation simultaneously, however, only the person having the most unique and workable expression of that idea shall be granted an exclusive privilege and subsequent protection over the said creation or expression of ideation. And it is to be noted that usually the creator or first propounder of a new idea and its physical manifestation id usually the one who is offered protection for its creation and subsequent use, license, transfer and sale, etc over it. As per modern definition of Intellectual property rights it has been bifurcated into the following classes of copyright, patents, trademark, industrial designs, geographical indications of source, plant varieties, amongst others.
Keyword: Intellectual Property Rights, Law, India, Treaties, Conventions.
