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Unwinding Juristic Concept of Intellectual Property Rights via Indian Jurisprudence

Paper Id PIPRDA-2321
Author(s) Arpit Jain
Country India
Abstract In popular sense, property is understood as any physical or virtual entity that is owned by any individual or jointly by a group of individuals. The legal relation that develops between the property and the owner is called ownership right. It is highly impossible to think about human life without juristic right of property. It has socio-political, economic, legal and sometimes religious implications. The basic postulate of the idea is the exclusive control of an individual over some ‘thing’. In this paper, the researcher will establish the concept of property in western jurisprudence and Indian jurisprudence and analyse them. The researcher will also demonstrate the jurisprudential foundation of intellectual property rights in both western and Indian jurisprudence. Various kinds of Intellectual Property Rights and law relating to them will also be discussed. Section 2(c) of the Benami Transactions (Prohibition) Act, 1988 defines property as: “Property” means property of any kind, whether movable or immovable, tangible or intangible, and includes any right or interest in such property. There are some Traditional principles related to property rights which include: control over the use of the property; right to take any benefit from the property; right to transfer or sell the property; right to exclude others from the property.
Published In Conference / Special Issue (Volume 5 | Issue 1) - डिजिटल युग में साहित्यिक चोरी एवं बौद्धिक सम्पदा अधिकार (बहुविषयक) (PIPRDA-2023) (January 2023)
Published On 2023-01-25
Cite This Unwinding Juristic Concept of Intellectual Property Rights via Indian Jurisprudence - Arpit Jain - IJFMR Conference / Special Issue (Volume 5 | Issue 1) - डिजिटल युग में साहित्यिक चोरी एवं बौद्धिक सम्पदा अधिकार (बहुविषयक) (PIPRDA-2023) (January 2023).

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