Intellectual property. Analysis of the general concept and roots of its rights in Indians systems

Wissenschaftlicher Aufsatz aus dem Jahr 2020 im Fachbereich Jura - Medienrecht, Multimediarecht, Urheberrecht, Manipal University, Sprache: Deutsch, Abstract: This work is an attempt to analyse the concept of intellectual property and to check its authencity as a 'property' on the basis of proprietary jurisprudence. It also tries to trace the roots of intellectual property rights in Indian legal and social system and to look for the need and justifications of intellectual property rights. Finally, it shall make an effort to derive something innovative. In the beginning, meaning, definition, subject matter, characteristics, kinds etcetera of property are discussed and the present status of concept of property is presented. The text introduces the concept of intellectual property and intellectual property rights and a detailed discussion on the history and development of intellectual property rights, in international arena as well as in India, is given. That followed, it measures the authenticity of the concept of intellectual property rights on the basis of proprietary jurisprudence, elaborates upon the different principles and checks the applicability of such over the concept of intellectual property rights. The concept of intellectual property rights is compared with the basic Indian thoughts. Basic ideas of different Indian philosophies, namely, the Sanatan dharma, the Islamic thoughts, the Sikh, Jain and Buddha philosophies, are given; and the concept of intellectual property rights from ancient to modern India are traced. Furthermore, the work investigates the need and justification of intellectual property rights through various theories and thoughts.