understanding about property

1. SUBMITTED BY
GUCCI NIGMA(07)
BHASKAR DAS(33)
INJAM HAIDER(29)
DEBASISH GOSWAMI(26)

2. CONTENTS
• Meaning of property
• Definition of property
• Theories property
• Types of property
• Property with the aspects of Biotechnology in India
• Conclusion
• References

3. Meaning of property:-
• Property is any physical or virtual entity that is owned by individual or
jointly by group of individuals.
• It has economic socio political sometimes religious and legal implication.
• The basic postulate of the idea is the exclusive control of an individual over
some “thing”.
• Depending on the nature of the property the owner has the right to consume,
sell, exchange, transfer or destroy their property and to exclude others from
doing this things.

4. Definition of property:-
• There are different definitions of property are given in different act as per their
uses and needs but in the most important act which exclusively talks about the
property and rights related to property transfer of Property Act of 1882 and
those definitions are as follows:
Section 2(c) of the Benami Transaction (Prohibition)Act ,1988 defines
property as:-
• “Property” means property of any kind , whether moveable or immoveable,
tangible of intangible, and includes any right or interest in such property.
Section 2(11) of the Sale of Good Act,1930 defines property as :-
• “Property” means the general property in goods and not merely a special
property.

5. Theories of Property
1. Historical Theory of Property:- It basically depicts about the concept of
private property as a collective group or joint property and was mainly
pointed out by Roscoe Pound.
2. Labour Theory(Spencer):- This theory is also known as “positive
theory” which means that a thing is the property of a person who
produces it or brings it into existence.
3. Psychological Theory(Bentham):- According to Bentham, “property is
altogether a conception of mind. It is nothing more than an expectation
to derive certain advantages from the object according to one's
capacity”.

6. 4. Functional theory(Jenks,Laski):- This theory is also known as
“sociological theory of property”.
It implies that the concept of property should should be considered as a
social institution securing maximum interests of society.
5. Philosophical Theories-
Property as a means to Ethnical Ends:- According to Aristotle , it
may be a means to the end of the good life of the citizens. According to Hegel
and Green, it may be a means to the fulfillment of the will without which
individuals are not full human.
Property as an End in itself:-

7. TYPES OF PROPERTY:
• MOVABLE PROPERTY: Section 3(36) of the General Clauses Act
defines movable property as: 'Movable property shall mean property
of every description, except immovable property.'
• Section 22 of IPC defines property as 'include corporeal property of
every description, except land and things attached to the earth or
vpermanently fastened to anything, which is attached to the earth.'
• Things attached tyo the earth may become movable property by
severance from the earth for eg. Cart loaded of soil or stones
quarried etc.
• IMMOVABLE PROPERTY:

8. Intellectual property
• Intellectual property is a term referring to a number of
distinct types of creations of the mind for which property
rights are recognised –and the corresponding fields of
law .
• Under intellectual property law ,owners are granted
certain exclusive rights to a variety of intangible assets
,such as musical ,literary ,and artistic works; discoveries
and inventions; and words ,phrases, symbols and design
.

9. • There are four main categories of intellectual property :
patent, trademark, copyrights and designs .
1. Patent :A patent are used to protect new product ,process,
apparatus and uses providing the invention is not in the light
of what has been done before ,and has not been disclosed
anywhere in the world at the time of the application .
2. Trade mark : A symbol (logo, words ,shapes ,a celebrity
name ,jingles )used to provide a product or service with a
recognisable identity to distinguish it from competing prod

10. 3 .copy right : copy right gives author legal protection for
various kinds of literary and artistic work, copyright
protect authors by granting them exclusive rights to sell
copies or their work in whatever tangible and form
(printed publication ,sound recording ,film etc.)is being
to convey their creative work to the public.
4.Design registration :Design registration are used to
protect products distinguished by novel shape or
pattern.

11. Conclusion:-