Jurisprudential Exposition of Intellectual Property Rights

Moneyveena V.R

doi:10.59640/cbr.v14i1.95-104

Moneyveena V.R Assistant Professor of Law, Government Law College, Vanchiyoor.P.O,Trivandrum- 695035

DOI: https://doi.org/10.59640/cbr.v14i1.95-104

Keywords: Intellectual property, patent, copyright, trademark, traditional knowledge

Abstract

Human beings possess human rights, fundamental rights, statutory rights and natural rights. Property may be tangible, intangible, movable, immovable etc. Properties like house, land, jewellery, utensils etc can be seen and we can store movable properties somewhere safe. Some properties or rights human beings are entitled to, which cannot be seen or kept in safe places and these properties are the creation of human mind known as intellectual property. For the overall development of a nation, granting of intellectual property rights (IPR) is inevitable. But IPRs are being subjected to various criticisms like it is against human rights, equality, human dignity, ethics, competition law etc. This paper is an attempt to analyse the different IPRs, legislative frameworks, criticisms levelled against IPRs and also some suggestions for the proper balancing of IPRs and rights of the society. The work is completed using various text books on IPR, web sites, cases of various courts, international documents and statutes. The outcome expected is to create awareness and a clear knowledge about the various IPRs, the rights of IPR holders, remedies for infringement of rights etc.

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