INTELLECTUAL PROPERTY RIGHTS (IPR)

MEANING AND CONCEPT
• Intellectual Property refers to creations of the human mind such as inventions, literary and artistic works, symbols, names, images and designs used in commerce.
• Intellectual Property is broadly divided into two categories:
  • Industrial Property
  • Copyright

INDUSTRIAL PROPERTY
• Includes:
  • Patents for inventions
  • Trademarks
  • Industrial designs
  • Geographical Indications (GI)

COPYRIGHT
• Covers:
  • Literary works – novels, poems, plays
  • Cinematographic films
  • Musical works
  • Artistic works – paintings, drawings, photographs, sculptures
  • Architectural designs
• Related rights include:
  • Performing artists’ rights
  • Producers of phonograms
  • Broadcasting organizations

INTELLECTUAL PROPERTY RIGHTS
• IPRs are legal rights granted to creators and owners of intellectual property.
• They provide exclusive rights to use, produce and commercialize creations for a fixed period.
• IPRs help creators benefit economically from their innovation or creativity.
• These rights can be enforced through courts of law.
• Once the protection period ends, the creation enters the public domain.

TYPES OF INTELLECTUAL PROPERTY

PATENTS
• Patents are exclusive rights granted by the government for an invention.
• In India, patents are granted for 20 years from the date of filing.
• Patents are territorial in nature and valid only in the country where granted.
• After expiry, the invention becomes public property.

TRADEMARK
• A trademark identifies and distinguishes goods or services of one entity from another.
• It may include:
  • Words
  • Symbols
  • Logos
  • Designs
  • Colour combinations
  • Sounds, smells, textures and packaging
• Example: brand logos and jingles.

INDUSTRIAL DESIGN
• Design refers to the aesthetic features of an article.
• Includes:
  • Shape
  • Configuration
  • Pattern
  • Ornamentation
  • Composition of lines or colours
• Design protection is judged solely by visual appeal.

GEOGRAPHICAL INDICATION (GI)
• A GI is a sign used on goods originating from a specific geographical location.
• The quality, reputation or characteristics of the product are linked to that location.
• Examples include region-specific agricultural and handicraft products.

CONSTITUTIONAL AND INTERNATIONAL FRAMEWORK
• Importance of IP first recognized in:
  • Paris Convention, 1883
  • Berne Convention, 1886
• Both are administered by the World Intellectual Property Organization (WIPO).
• Article 27 of the Universal Declaration of Human Rights recognizes IPR.
• India’s Patent Act dates back to 1856 and has evolved through multiple amendments.

INSTITUTIONAL FRAMEWORK IN INDIA
• Department for Promotion of Industry and Internal Trade (DPIIT) is the nodal agency.
• Cell for IPR Promotion and Management (CIPAM):
  • Implements National IPR Policy
  • Promotes awareness and commercialization

INDIA’S INITIATIVES FOR IPR PROTECTION
• India is a WTO member since 1995 and complies with TRIPS Agreement.
• Copyright:
  • Governed by Copyright Act
  • IT Act, 2000 covers digital copyright
• Patents:
  • Governed by Patents Act, 1970 and Patent Rules, 2003
• Designs:
  • Governed by Designs Act, 2000
• Geographical Indications:
  • Governed by GI of Goods Act, 1999
• Traditional Knowledge:
  • Traditional Knowledge Digital Library (TKDL) created
  • Joint initiative of CSIR and Ministry of AYUSH

NATIONAL INTELLECTUAL PROPERTY RIGHTS POLICY
• Provides a roadmap for IPR development in India.
• Reviewed every five years.
• Mission:
  • Promote creativity and innovation
  • Encourage entrepreneurship
  • Ensure socio-economic and cultural development
• Focus areas:
  • Healthcare access
  • Food security
  • Environmental protection

OBJECTIVES OF NATIONAL IPR POLICY
• IPR Awareness and Promotion
• Generation of IPRs
• Strong Legal and Legislative Framework
• Modern IPR Administration
• Commercialization of IPRs
• Enforcement and Adjudication
• Human Capital Development

KEY FEATURES OF THE POLICY
• DPIIT as nodal agency for all IPRs.
• Copyright administration shifted from HRD Ministry.
• Encouragement to start-ups through financial mechanisms.
• Use of TRIPS flexibilities to ensure affordable medicines.
• Support for publicly funded research commercialization.
• Commitment to Doha Development Agenda.

CRITICISM OF NATIONAL IPR POLICY
• Equates innovation solely with IPR generation.
• Over-emphasis on commercialization may raise costs.
• Insufficient protection of tribal and traditional knowledge.
• Risk of disadvantaging start-ups and small innovators.

WAY FORWARD
• Strong domestic and international IPR stance.
• Balance innovation with public interest.
• Awareness campaigns for traditional industries.
• Simplification of IPR procedures.
• Incentives for R&D investment.
• National innovation strategy similar to Atal Innovation Mission.
• Collaboration among government, industry and academia.

NEED FOR IPR PROMOTION
• Encourages innovation and creativity.
• Prevents misuse and idea theft.
• Promotes economic growth and employment.
• Ensures balance between public interest and private rights.

STRENGTHS OF INDIAN IPR REGIME
• TRIPS-compliant legal framework.
• Strong judicial and administrative mechanisms.
• Participation in international treaties.
• Improved infrastructure and digitization of IP offices.
• Modern IP offices in Delhi, Mumbai, Chennai, Kolkata and Ahmedabad.

COMPULSORY LICENSING
• Compulsory Licensing allows government to permit production without patent holder’s consent.
• Provided under Chapter XVI of Indian Patents Act, 1970.
• Conditions:
  • Public needs not satisfied
  • Product not affordable
  • Patent not worked in India
• Supported under National Manufacturing Policy.
• Ensures access to essential drugs and green technologies.

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Subject: Science

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