Intellectual Property Rights are a vital part of the subject of Law, aimed at protecting the creations of the human mind such as inventions, artistic works, and brand identities. These rights encourage innovation and creativity by granting legal recognition and exclusive ownership to creators and inventors.
Previous year Questions
| Year | Question | Marks |
| 2023 | State the subject matter of copyright. | 2M |
| 2016 | State any four kinds of Intellectual Property Rights. | 2M |
International Bodies/Conventions
IPR (Intellectual Property Rights) are rights given to individuals over creations of their minds.
- These rights usually give the creator exclusive use of their creation for a specific period.
- Article 27 of the Universal Declaration of Human Rights outlines the right to benefit from the protection of moral and material interests from scientific, literary, or artistic authorship.
- The importance of intellectual property was first recognized in two conventions:
- Paris Convention for the Protection of Industrial Property (1883)
- Berne Convention for the Protection of Literary and Artistic Works (1886)
- Both treaties are administered by the World Intellectual Property Organization (WIPO).
International Bodies/Conventions on Intellectual Property Rights
World Intellectual Property Organization (WIPO)
- Overview: Specialised UN agency, established under the 1967 Convention to promote and protect intellectual property (IP) globally.
- Founded: 26 April 1970; Headquarters: Geneva, Switzerland.
- Core Activities:
- Hosts forums on international IP rules and policies.
- Provides IP registration and protection services across countries.
- Resolves transboundary IP disputes and sets global IP standards.
- Publishes IP data, statistics, and reports.
- Administers 26 treaties, covering diverse IP areas like patent classification and audiovisual protection.
WIPO Global IP Protection Systems
- Patent Cooperation Treaty (PCT): Assists in seeking international patent protection.
- Madrid System (for Trademarks) : Centralized registration for trademark protection in over 120 countries.
- Lisbon System (for Geographical Indications and Appellations of Origin): Protects products linked to specific locations, like Champagne or Tequila.
- WIPO Arbitration and Mediation Center: Alternative dispute resolution (ADR) for IP disputes.
- Hague System (for Industrial Designs) : International registration of up to 100 designs.
TRIPS (Trade Related Intellectual Property Rights) Agreement, 1994
- TRIPS is a landmark international agreement that sets minimum standards for intellectual property (IP) regulation across all member nations of the World Trade Organization (WTO).
- Finalised in 1990 at the close of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT).
Key Aspects of the TRIPS Agreement
- TRIPS mandates that WTO members protect a broad range of IP rights, including:
- Copyright for authors, performers, producers, and broadcasters
- Geographical Indications (e.g., region-specific products like Champagne)
- Industrial Designs
- Integrated Circuit Layouts
- Patents for inventions, including plant varieties
- Trademarks and Trade Names
- Confidential Information such as trade secrets and test data
- Enforcement and Dispute Resolution:
- TRIPS requires WTO members to establish clear enforcement procedures, remedies, and dispute resolution mechanisms to uphold these rights effectively.
- Objectives and Balance: The agreement emphasizes that IP protection should:
- Promote technological innovation and facilitate technology transfer
- Benefit both producers and users of technological knowledge
- Foster social and economic welfare through a balanced approach to rights and obligations.
Intellectual Property Rights in India
- WTO and TRIPS Agreement: India, as a WTO member, adheres to TRIPS.
- WIPO Membership.
- National IPR Policy 2016: Adopted as a roadmap for developing IP in India.
- Vision: “Creative India; Innovative India,” aiming to foster creativity and innovation.
- Cell for IPR Promotion and Management (CIPAM):
- Established under the Department for Promotion of Industry and Internal Trade (DPIIT).
- Aims to advance the objectives of the National IPR Policy 2016, focusing on targeted IPR action and managing the policy’s seven core goals.
- India’s IPRPM framework, established under the National IPR Policy 2016.
Key Objectives and Activities of National IPR Policy 2016:
- Streamlined IPR Laws and Procedures:
- Amended IP laws to reduce processing time and streamline application procedures.
- Modernization and Digitization:
- Upgraded IP offices to enhance workflow and efficiency.
- Support for Start-ups:
- Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP) scheme encourages start-up patent filings.
- IP Awareness Programs:
- National Intellectual Property Awareness Mission (NIPAM) provides IP awareness and training in educational institutions.
- Recognition and Awards: National IP Awards recognize outstanding IP contributions by individuals, organizations, and institutions.
- Patent Facilitation: Financial, technical, and legal support is provided to encourage patent filings.
- Skill Building and Research:
- SPRIHA program has established 37 IPR Chairs in universities, promoting IP study and research.
- IP Commercialization:
- Technology Innovation Support Centres (TISCs) support IP filing and commercialization.
Intellectual Property Rights Policy Management (IPRPM) Framework in India
IPRPM covers 8 types of intellectual property rights –
Patents
A patent is an exclusive right granted for an invention.
- A patent provides the patent owner with the right to decide how – or whether – the invention can be used by others.
- In exchange for this right, the patent owner makes technical information about the invention publicly available in the published patent document.
- Governed by the Patents Act, 1970, with the 2005 Amendment being a major update.
- Administered by the Controller General of Patents, Designs, and TradeMarks (CGPDTM).
- Patent Rules, 2024 ➤ (Boosts Innovation & Economic Growth) – Simplifies patent processes to support inventors and economic development, aligning with “Viksit Bharat Sankalp.”
Trade mark
A sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
- Governed by the Trademarks Act of 1999, amended in 2010.
Industrial Designs
An industrial design constitutes the ornamental or aesthetic aspect of an article.
- Protected under the Design Act of 2000, which safeguards innovation and consumer and manufacturer interests.
Copyrights
A legal term used to describe the rights that creators have over their literary and artistic works.
- Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.
Geographical Indications
Signs used on goods that have a specific geographical origin.
- They possess qualities, a reputation, or characteristics that are essentially attributable to that place of origin.
- Most commonly, a geographical indication includes the name of the place of origin of the goods.
Protected by the Geographical Indications of Goods (Registration and Protection) Act, 1999, ensuring enhanced registration and protection of geographical indicators.
Semiconductor Integrated Circuit Layout Design
A “Semiconductor integrated circuit” is defined in the Act as a product having transistors or other circuitry elements, which are inseparably formed on a semiconductor material or an insulating material or inside the semiconductor material and designed to perform an electronic circuitry function.A “Layout-design” is defined in the layout of transistors, and other circuitry elements and includes lead wires connecting such elements and expressed in any manner in a semiconductor integrated circuit.
Trade Secret
IP rights on confidential information which may be sold or licensed.
The unauthorised acquisition, use, or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice.
Plant Varieties
Plant variety protection (PVR) is a form of intellectual property (IP) that gives breeders of new plant varieties exclusive rights to their work. These rights include the ability to produce, sell, market, distribute, import, and export the plant variety.
- In India, the Plant Variety Protection and Farmers Rights (PPVFR) Act, 2001 protects plant varieties and the rights of plant breeders and farmers. The Act covers new varieties, extant varieties, farmers’ varieties, and essentially derived varieties.
India’s IP Landscape
- Patents: Every 6 minutes, a new technology seeks IP protection.
- Geographical Indications (GIs): Registrations surged 3x; 98 new GIs added in 2023-24.
- IP Awareness: 24 lakh youths trained through NIPAM; 7000+ institutions covered in 2 years.
| Right Area | Legal provision | Subject | Term of Protection |
| Patent | Patent Act, 1970 & Patent Rules, 2003 | Must qualify requirements of being novel, Inventive and having industrial utility | 20 years |
| Trademarks | Trademark Act 1999 &Trademark Rules 2017 | Protects brand name, logo, design for a business or commercial enterprise | 10 years ; renewed for 10 years on payment of additional fees |
| Designs | Designs Act 2000 & Designs (Amendment) Rules 2021 | New or original designs (ornamental/ visual appearance discernible to the human eye) which can be replicated industrially | 10 + 5 years |
| Copyrights | Copyrights Act 1957 &Copyrights Rules 2013 amended in 2021. | Creative, artistic, literary, Musical and audio-visual works | Authors – Lifetime 60 years;Producers – 60 yearsPerformers – 50 years; |
| Geographical Indications | Geographical Indications Act 1999 & GI Rules 2002 amended in 2020. | Goods bearing unique characteristics due to geographical linkage – agricultural goods, natural goods, manufactured goods, handicrafts and foodstuff | 10 years, Renewed for 10 years on payment of additional fees |
| Semiconductor Integrated Circuits Layout Design | Semiconductor Integrated Circuits Layout Design Act 2000 & Rules 2001 | A layout of transistors and other circuitry elements including lead wires connecting such elements and expressed in any manner in semiconductor integrated circuits. | 10 Years. |
| Trade Secret | Common Law approach covered through IPC, Contract Act, IP Act and Copyright | Confidential information having commercial value | Till the time confidentiality is safeguarded. |
| Plant Varieties | Protection of Plant Varieties and Farmers Rights Act (PPVFRA), 2001 | Traditional varieties and landraces, all developed varieties (non-traditional and non-landrace) in trade/use for older than 1 year and not older than 15 years or 18 years (in case of trees and vines), and new plant varieties. | 6-10 years. |
Benefit and challenges
Advantages of IPR
- Drives Innovation: Protects inventions and designs, encouraging new products.
- Economic Boost: Supports economic growth through licensing and trade.
- Cultural Enrichment: Protects creators in music, film, and publishing.
- Knowledge Sharing: Makes patent information accessible, aiding research.
- Supports Fair Competition: Helps consumers trust brands.
- Promotes R&D: Encourages breakthroughs like new medicines.
- Fuels Open Source: Protects collaborative software development.
- Access to Funding: IP assets can secure loans for small businesses.
Disadvantages of IPR
- High Costs: IP registration is often expensive.
- Piracy Risk: Theft of IP remains challenging.
- Global Disparities: IP laws vary, affecting access in developing countries.
- Costly Patented Products: Expensive drugs limit access for many.
Challenges
- Evergreening: Limits patenting minor drug improvements.
- Compulsory Licensing: Allows patent use without consent in some cases.
- Patent-Friendliness: Sometimes prioritized over affordable medicines.
