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Added on  2023-01-10

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INTELLECTUAL
PROPERTY LAW
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Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Increase of globalization with considerable challenges and risk faced by intellectual property. 3
TRIPS and challenges with minimizing it by international regulation........................................8
Critically evaluate the effectiveness of global business with intellectual property ..................11
RECOMMENDATION ................................................................................................................12
CONCLUSION..............................................................................................................................12
REFERENCES .............................................................................................................................13
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INTRODUCTION
Intellectual property law are those kinds of law that deal with the intellect of an
individual over dealing with that kind of rights which can be not be seen and only felt. In other
words these laws are that type of law which deals with various aspects of those property that
consists of invention, unique art and also trade mark of an product is included in it. These law are
of both national and international existence. Scope of these laws are wide in nature because deal
with various aspects of rights that has been dealing with uniqueness of an product or art. Nature
is dynamic because it cover those right which gives power to the owner of an intellectual
property to take legal action against those trying to use his or her work without proper
permission. This essay is based on intellectual property law and is going to cover basics of this
law and also is going to talk about World Intellectual property organization. Also TRIPS is going
to be discussed. In the end an critical evaluation has to be done over globalization of business
and also recommendation has to be given for improvement.
MAIN BODY
Increase of globalization with considerable challenges and risk faced by intellectual
property
Intellectual Property: These are that kid of law that deals with intangible things that has
been created out the human intellect. There are various kind’s of intellectual property which are
being recognized by others. Most popular laws that are included in are copyrights, patents and
trademark. Earlier these laws use to exist with some kind of intellectual property and has its
existence in Ancient Rome also. This law was developed in England in 17th and 18th century. It
come into concrete existence from 19th century. It was not until the late 20th century that it gained
popularity over the majority in world's legal system. Such laws majorly focuses upon creating of
various intellectual goods. In order to achieve the law which gives business property rights over
information and intellectual goods that has been formed only for a limited period of time. It gives
1various incentives over creation that helps in gaining of profit form information and intellectual
goods that is created. Such incentives over creation has been allowing people to generate profit
over information and intellectual goods that is formed. Economic incentives gives an stimulation
1 G. Wurtenberger, 'Intellectual Property Law Of Plants' (2017). Intellectual property is one of the most important
kind of law in today’s world for trade.
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over innovation and has to contribute in the technical progress and popularity that is dependent
upon protection granted to innovators. Having intangible nature of intellectual property has been
presented with difficulties and makes it different form property law of traditional nature. Unlike
traditional property this is an indivisible property because number of people can consume an
intellectual goods without being depleted.2 Other things of investment is included in intellectual
goods suffer from problems of appropriation: a landowner can surround their land with a robust
fence and hire armed guards to protect it, but a producer of information or literature can usually
do very little to stop their first buyer from replicating it and selling it at a lower price. Balancing
rights so that they are strong enough to encourage the creation of intellectual goods but not so
strong that they prevent the goods' wide use is the primary focus of modern intellectual property
law (Basso, 2019).
Intellectual property has various elements in it that is being used commonly by an
individual or an organization. It includes patents, copyright, industrial design rights, trademarks ,
plant variety rights, trade dress, geographical indication and at some times trade secret. The term
"industrial property" is sometimes used to refer to a large subset of intellectual property rights
including patents, trademarks, industrial designs, utility models, service marks, trade names, and
geographical indications.
Patents: This is that form of rights which has been granted by the government to that
person that has invented successor in title giving the owner right to exclude other from making,
using selling, offering to sell and importing invention for limited period of time. All this is done
only when the invention is done over limited period of time. An invention is an solution of
specific technological problem that required to be fulfilled by an product or process. It has to be
new, not obvious and there needs over industrial applicability. To enrich body of knowledge and
stimulation. This provides an obligation over needs of industrial applicability. To enrich the body
of knowledge and stimulates innovation. It keeps the information safe from being used by
another person in illegal manner.
3Copyright: It gives craters original work with exclusive rights to it generally for limited
period of time. Copyright is going to be applied over different range of creative, intellectual or
2 R. Neethu, 'Sovereign Trusteeship And Multilateral Protection Of Intellectual Property Rights' (2019).
Intellectual property deals with patent, trademark and copyright.
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