Ipr as Constitutional Right

Topics: Patent, Copyright, Intellectual property law Pages: 7 (2246 words) Published: June 1, 2013
Vill-chakla itkola,post-chadua,via-kanchrapara,dist-24pg north Contact: +91 9831727926; Email: prasadritesh5@gmail.com

Dear Sir/Ma’am,

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I am a self-motivated and goal oriented individual an MBA HR from IBRAD School of Management & Sustainable Development, Kolkata. Currently I am pursuing LL.B form Fakhir Mohan University affiliated to the BAR council of India .I am in the first year of the college..

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Ritesh kumar Prasad.

Like the fundamental right and directive principles, the Indian constitution also grantees the IPR as a constitutional right. It has been mentioned in the Indian constitution, the various rights provided and guaranteed by the law. With each passing day business has been growing, and every day the world is coming with new inventions in various fields, namely literature, music composition, technical design, inventions etc. Various developed countries are filing more than thousand patents each day to protect their work and content from palgarism. In the 21st century the developing countries are no sitting back and are coming out with various technical inventions and other creative works and are filing patents with their counter parts. Last year China filled the highest number of patent rights. Before we move any further let us first deal with the myriad of concepts related with intellectual property rights as guaranteed by the Indian constitution. This essay focuses the various types of IPRs and their influence in the Indian context.


Intellectual property can be characterized as the property in ideas or their expression. It is a creation of the mind, for example, a technological innovation, a poem, or a design. It protects the rights of individuals and businesses who have transformed their ideas into property by granting rights to the owners of those properties. Intellectual property can be classified into the following four categories: patents for inventions, copyrights for literary works, trademark. The twenty-first century will be the century of knowledge, indeed the century of the intellect. A nation’s ability to translate knowledge into wealth and social good through innovations will determine its future. Thus innovations hold the key to the creation as well as processing of knowledge. Consequently issues of generation, evaluation, protection and exploitation of intellectual property would become critically important all over the world. The earliest known patent on an invention was awarded in Florence in 1421 to Filippo Brunelleschi for a barge with hoisting gear capable of transporting marble. In Britain the first such patent was awarded in 1449 to a Flemish glassmaker for a method of making stained glass windows. During the sixteenth century the English monarchs discovered that the sale of monopoly privilege could be very lucrative and granted patents on an indefinite basis to all manners of trades and manufactures, regardless of their novelty. Even the trade in commodities such as leather, salt, iron, and paper was patented. WHAT IS AN IPR?

Intellectual Property Rights are legal rights, which result from intellectual activity in industrial, scientific, literary & artistic fields. These rights safeguard creators and other producers of intellectual goods & services by granting them certain time-limited rights to control their use. Protected IP rights like other property can be a matter of trade, which can be owned, sold or bought. These are intangible and non exhausted consumption.

1. Patents.
2. Trademarks.
3. Copyrights and...
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