Scope and Challenges of Intellectual Property Rights of BATB

Abstract

All objects which can be owned by an individual under a legal system are termed as property. The objects to which the right to ownership so extends are either corporeal, i.e. having some tangible existence or incorporeal, i. e. having intangible existence. This incorporeal property having intangible existence is the creation of developed system of law. Those are termed as intellectual property. Those properties are the creation of the human mind, the human intellect. In general, the most important feature of such property is that the proprietor or owner may use his property as he wishes and nobody else can lawfully use his property for commercial purposes without his authorization. A strong and were functioning intellectual property system is a SINE QUA NON' for social, cultural, economic and technological development of a country. The intellectual property law, a product of the industrial civilization, has assumed equal importance both at national and international level. The laws relating to Copyright, Patent, Design, Trade Mark etc, are known as the intellectual property laws. The word 'intellectual' means possessing or showing intellect or mental capacity especially to a high degree of an intellectual person; guided or developed by or relying on the intellect rather than upon emotions or feeling; characterized by or suggesting a predominance of intellect. 'Property' means that which a person owns, the possession of a particular owner; ownership right of possession; enjoyment of any 'Rights' means that which is due to anyone by just claim, legal guarantees, moral principles. Therefore, Intellectual Property Rights of any Patents or Process must have some ingenuity and fall within the category of 'inventions' where the 'intellect' must have played a predominant role. 'Discoveries' which already have existed in nature but only have been retrieved by someone and put to benefit of people should not be equalized with inventions. Biotechnology involves use of scientific and engineering principles for processing of materials (organic or inorganic) using biological agents to provide goods and services.