Justification of Protection of Intellectual Property Vis-a-Vis Trade Secrets

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Justification of Protection of Intellectual Property vis-a-vis Trade Secrets

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ROLL NO. 48,
P.G.D.,I.P.R. – 2014

Justification of Protection of Intellectual Property vis-a-vis Trade Secrets
Intellectual property pertains to any original creation of human intellect such as artistic, literally, technical or scientific creation. Intellectual Property Rights (IPR) refers to the legal rights given by the State to the inventor/creator to protect his invention/creation for a certain period of time. These legal rights confer an exclusive right to the inventor/creator or his assignee to fully utilize his invention/creation for a given period of time.
Countries have laws to protect intellectual property for two main reasons. One is to give statutory expression to the moral and economic rights of creators in their creations and the rights of the public in access to those creations. The second is to promote, as a deliberate act of Government policy, creativity and the dissemination and application of its results and to encourage fair trading which would contribute to economic and social development. The term ‘Intellectual Property’, denotes rights over intangible object of the person whose mental effort created it and refers to a loose cluster of legal doctrines that regulate the uses of different sorts of ideas and insignias. The subject matter of intellectual property is very wide and includes literary and artistic works, films, computer program, inventions, designs and marks used by traders for their goods and services and so on. There are several different forms or areas of law giving rise to rights that together make up intellectual property. They are copyright, right in performance, the law of confidence, patents, registered designs, design rights, trademarks and passing off, trade libel, etc. The term "intellectual…...

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