The difference between man and animal is the
creativity, imagination, idea, etc. it has. A man can create, invent, draw
artistic work, and produce new tangible and intangible objects. For this
purpose, s/he invented capital, time, effort and knowledge. So, it is logical
that the creator has ownership over the creation. The effort should be
protected and rewarded. The effort involved to create is termed as “intellectual”
and the creation is “property”. It does not include any thoughts, religion and
news, folksongs, folktales, and general data. It should be in existence and in
tangible form and possible to express. Simple imagination, thoughts cannot be
an intellectual property. The idea behind this intellectual property is to
identify the tangible and intangible aspect of a product and realize the intangibles
as products.
The intellectual property right is not only about
conferring property rights, it is about recognition and respect for the
contribution of human creator. The creativity, design invention of a product is
the right of intellectual people. Intellectual people created a product as
producer is producing the product. A buyer buys a book, for example, not the
creation of an author. To buy a product does not mean to buy design, model and
creativity. The industrial property right includes patents right, trademarks,
design, geographical indication, etc. The intellectual right over the literary
work is related to the office of Nepal Copyright Registrar’s Office (NCRO)
under the Ministry of Culture, Tourism and Civil Aviation. The office of NCRO
provides legal right or ownership of literary works such as books, articles,
speech, tables, etc.
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