Intellectual property rights (IPRs): Classification, National IPR Policy, 2016

Introduction

Intellectual property rights (IPRs) refer to legal rights that protect creations of the human intellect. It covers rights given to persons over the creations of their minds- inventions, literary and artistic works, and symbols, names etc. These are outlined in Article 27 of the Universal Declaration of Human Rights. Intellectual property rights (IPRs) encompass a range of forms, including patents, copyrights, trademarks, and trade secrets, aiming to incentivize innovation, creativity, and economic growth while balancing the interests of creators and society.

Classification of Intellectual Property Rights 

Intellectual property rights (IPRs) in India  come under the Department for Promotion of Industry and Internal Trade of the Ministry of Commerce & Industry.  The following are various intellectual property rights:

• Patents:
  • A patent is an exclusive right granted for an invention, which is a product or a process. 
  • Criteria: Invention needs to fulfill certain criteria such as 
    • Usefulness, Novelty, and Non obviousness. 
  • Time Period: It protects the invention to the owner of the patent for a limited period, i.e 20 years.  
• Trademarks: 
  • Definition: A trademark is a distinctive sign that identifies certain goods or services as those produced/provided by a specific person or enterprise.
  • Forms: It may be one or a combination of words, letters, and numerals.
  • Ownership: Registration of a trademark is prima facie proof of its ownership giving statutory right to the proprietor. 
  • Tenure: Trademark rights may be held in perpetuity. The initial term of registration is for 10 years; thereafter it may be renewed from time to time. 
  • Identification and Quality Assurance: Trademarks help consumers identify and purchase a product or service by its unique trademark which ensures the quality of the product, 
  • Example: Wool mark, Hallmark, etc. 
• Copyright and Related Rights:  
  • Copyright is a legal term describing rights given to creators for their literary and artistic works.
  • Commercialization: Creators often sell the rights to their works to individuals or companies best able to market the works in return for payment. 
  • Royalties: These payments are often made dependent on the actual use of the work, and are then referred to as royalties.
  • Example: Novels, poems, plays, reference works, newspapers and computer programs; databases; films, musical compositions, and choreography; Paintings, drawings, photographs and sculpture; architecture; and advertisements, maps and technical drawings. 
• Geographic Indications of Source:  
  • A Geographical Indication (GI) is a sign used on goods that have a specific geographical origin and possess qualities, reputation or characteristics that are essentially attributable to that place of origin.
  • The Geographical Indications of Goods (Registration and Protection) Act 1999 (the Act) provides for the registration of Handicrafts as Geographical indications (GI).
  • Agricultural Products: Typically have qualities that derive from their place of production and are influenced by specific local factors, such as climate and soil. 
    • Example: Basmati Rice and Darjeeling Tea 
  • Time Period: The registration of GI is valid for a period of 10 years after which it may be renewed from time to time.
• Industrial Designs: 
  • Definition: Industrial designs refer to creative activity which results in the ornamental or formal appearance of a product.
  • Design Right: It refers to a novel or original design that is accorded to the proprietor of a validly registered design.
  • New Designs Act, 2000: 
    • Existing legislation on industrial designs in India..
    • Aims at enacting a more detailed classification of design to conform to the international system and to take care of the proliferation of design-related activities in various fields.   
• Trade Secrets: 
  • Definition: Any confidential business information which provides an enterprise a competitive edge may be considered a trade secret. 
  • Scope: Trade secrets encompass manufacturing or industrial secrets and commercial secrets.  
  • Protection of Trade Secrets: The unauthorized use of such information by persons other than the holder is regarded as an unfair practice and a violation of the trade secret. 
  • Contrary to patents, trade secrets are protected without registration. 
• Semiconductor Integrated Circuit of  Layout Designs (SICLD:)
  • Innovation and Compact Design: All electronic gadgets are very compact nowadays due to their integrated circuits. 
    • These designs of circuits are the creation of the human mind as a consequence of enormous investments and efforts of highly qualified experts. 
  • Protection: This act empowers the registered proprietor of the layout design an inherent right to use the layout-design, commercially exploit it and obtain relief in respect of any infringement.
• Protection of Plant Varieties & Farmer’s Rights:  
  • The objective of this act is to recognize 
  • Recognizing farmers as cultivators and conservers.
  • Acknowledging the contribution of traditional, rural, and tribal communities to agro-biodiversity.
  • Rewarding farmers for their contributions.
  • Stimulating investment in research and development (R&D).
  • Facilitating the development of new plant varieties
  • Promoting the growth of the seed industry.
  • Ensuring the availability of high-quality seeds and planting material to farmers.
• Protection of Biological Diversity: The Biological Diversity Act covers the traditional knowledge in the preamble itself. 
• • It also provides for issues related to traditional knowledge under the umbrella of associated knowledge within various provisions of the Biological Diversity Act, 2002.12 
  • The benefit claimants are conservers of biological resources, creators and holders of knowledge and information relating to the uses of biological resources. 
• Copyright and Rights Related to Copyright: The rights of authors of literary and artistic works (such as books and other writings, musical compositions, paintings, sculpture, computer programs and films) are protected by copyright, for a minimum period of 50 years after the death of the author. 
• Industrial Property: Trademarks and Geographical Indications. Industrial designs and trade secrets.
• Compulsory Licensing: When a government allows someone else to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself. 
• Evergreening of Patents: When producers extend the lifetime of their patents in order to retain royalties from them, by either taking out new patents or by buying out, or frustrating competitors, for longer periods of time than would normally be permissible under the law.

National Intellectual property rights (IPRs) Policy, 2016

• Indian IPR Laws fully conform to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under WTO aegis. 
• Objectives of the Policy 
  • Intellectual property rights (IPRs) Awareness: Outreach and Promotion – To create public awareness about the economic, social and cultural benefits of IPRs among all sections. 
  • Generation of IPRs: To stimulate the generation of IPRs: I
  • Legal and Legislative Framework: To have strong and effective IPR laws, which balance the interests of rights owners with larger public interest. 
  • Administration and Management:  To modernize and strengthen service oriented IPR administration. 
  • Commercialization of IPR: Get value for IPRs through commercialization. 
  • Enforcement and Adjudication: To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements. 
  • Human Capital Development: To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs
• Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce, the nodal department to coordinate, guide and oversee the implementation of IPRs in India. 
• ‘Cell for Intellectual property rights (IPRs) Promotion & Management (CIPAM)’, setup under DIPP, for implementation of the National IPR Policy.

Conclusion 

• Intellectual property rights (IPRs) play a crucial role in India’s economic development by fostering innovation, creativity, and investment in various sectors. 
• Through mechanisms such as patents, copyrights, trademarks, and trade secrets, IPRs protect the rights of creators, incentivize research and development, and promote the growth of industries. 
• While challenges exist in enforcing and protecting these rights, India continues to make strides in strengthening its legal framework and promoting awareness about the importance of IPRs. 
• By safeguarding intellectual property, India can further leverage its potential as a hub for innovation and contribute to global knowledge sharing and economic growth.

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