Intellectual property right (IPR)

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Intellectual property rights are a bundle of exclusive rights to intellectual and commercial creations of the mind. The former is subject to copyright, which protects creative works such as books, films, music, paintings, photographs and software and grants the holder of the copyright the exclusive right to control the reproduction for a certain period of time.

Intellectual property rights give authors the exclusive rights to their creations. This is an incentive for the author or inventor to develop and share the information rather than keeping it secret. The legal protection granted by IP laws is credited with substantial contributions to economic growth. All of these, are under the legal services. If you want a best Legal Services in Pakistan, then feel free to contact Raza & Associates.

Intellectual property rights are viewed by economists as a form of temporary monopoly enforced by the state (or enforced using state-supported legal remedies).

Further development of the IPR concept

Intellectual property rights are usually limited to non-competing goods, i.e. goods that can be used or enjoyed by many people at the same time – use by one person does not exclude use by another person.

The modern use of the term “intellectual property” began with the founding of the World Intellectual Property Organization (WIPO) in 1967, but did not become popular until 1980 when the Bayh Dole Law was passed.

The origins of the concept can possibly be traced further. Jewish law contains several considerations, the effects of which are similar to modern intellectual property protection laws, although the concept of intellectual creation as “property” does not appear to exist.

Primary rights available under IPR

PATENTS

A patent is exclusive rights that’s a state grants to an inventor or his winning in exchange for disclosure of an innovation for a fixed period of time.

COPYRIGHTS ©

Copyright is a governmental legal concept that grants the author of certain original artistic works the exclusive right to reproduce those works. Copyrights are generally valid for a limited time. After that, the work becomes public domain. In general, it is “the right to copy”, but it also gives the copyright owner the right to be credited to the work to determine who can adapt the work to other forms, who can do the work, who financially can benefit. and other related rights. It is a form of intellectual property (such as the patent, trademark and trade secret) that is applicable to any express form of an idea or information that is substantive and discrete.

I. What is the right of copy?

Copyright is a legal concept, promulgated by governments, which grants the creator of certain original artistic works exclusive rights for the reproduction of those works. Copyright is generally valid for a limited time, after which the work enters the public domain. In general, it is “the right to copy”, but it also gives the copyright holder the right to receive credit for the work, to determine who can adapt the work in other ways, who can do the work, who can benefit financially from him, and other related rights

ii. How did the concept of copy right develop in society?

Copyright was invented after the advent of the printing press and with increased public literacy. As a legal concept, its origins in Great Britain were a reaction to printers’ monopolies in the early 18th century. Charles II of England was concerned about the unregulated copying of books and passed the Licensing Act of 1662 by the Act of Parliament [1], which established a register of licensed books and required that a copy be deposited with the Stationers Company, essentially continuing the license of material that had been in force for a long time.

The Anne Statute was the first real copyright law, and gave publishers rights for a fixed period, after which copyright expired.

The Berne Convention of 1886 established for the first time the recognition of copyright among sovereign nations, rather than simply bilaterally.

iii) How can a copy right be obtained?

Different countries have different tests to give the right to copy a work. In general, to obtain a right to copy a work, the following are considered:

Copyright law recognizes an author right based on whether the work is actually an original creation, rather than based on whether it is unique

In all countries where the Berne Convention rules apply, copyrights are automatic and do not need to be obtained through official registration with any government office once the idea has been reduced to a tangible form.

iv. Execution of the copy right

Copyright is generally applied by the owner in a civil law court, but there are also statutes of criminal infringement in some jurisdictions. Criminal penalties generally target serious counterfeiting activity, but are now becoming more common as copyright collectives, such as the RIAA, increasingly target the home internet user who shares files. So far, however, most of these file-sharing cases have been settled out of court.

v. Exclusive rights

Generally, several exclusive rights are granted to the copyright holder:

  • or to produce copies or reproductions of the work and sell those copies (including, generally, electronic copies)
  • To import or export the job
  • To create derivative works (works that adapt the original work)
  • To perform or show the work publicly
  • Sell or assign these rights to others to transmit or show by radio or video

iii. TRADE NOTES

A trademark or trademark (represented by the symbol ™ or ®) or a trademark is a distinctive sign or indicator that is used by an individual, company organization or other legal entity to uniquely identify the source of their products / or services for consumers and to differentiate their products or services from those of other companies. A trademark is a type of intellectual property and typically a name, word, phrase, logo, symbol, design, image, or combination of these elements. [5] There are also a number of non-conventional brands that include brands that do not fall into these standard categories.

iv. EXCHANGE NAMES

A trade name, also known as a trade name or company name, is the name under which a company trades for commercial purposes, although its registered, legal name used for contracts and other formal situations may be different. Pharmaceuticals also have trade names (e.g. “aspirin”), which often differ from their chemical names (“acetylsalicylic acid”).

If you want to know more about Trademark or copyright or any Intellectual property rights then feel free to contact us. At Raza & Associates senior lawyer are always available for your help.

Visit our website: Raza & Associates  

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