Intellectual Property Rights in India: Patents, Copyrights and Trademarks

Intellectual property rights (IPRs) include mental works such as inventions, literary and creative compositions, designs, symbols, names, and pictures used in trade. For a limited amount of time, owners of intellectual property rights are granted exclusive use of the goods or property. For example copyright is alloted for 60 years from date of publication. Thus, providing property rights through patents, copyrights, and trademarks is known as intellectual property rights.

Understanding Intellectual Property Rights (IPR)

Categories of Intellectual Property Rights 

• Copyrights: It protects original literary, artistic, and musical works. 
  • In India, the Copyright Act grants exclusive rights to creators, including authors, musicians, and artists.
• Trademarks: It distinguishes goods or services and can include symbols, names, and logos. 
  • The Trademarks Act governs trademark registration in India.
  • The Trademarks Act of 1999 is a significant legislation in India that governs the registration and protection of trademarks. 
  • Enacted to bring the country’s trademark laws in line with international standards, the act provides a comprehensive framework for the establishment and enforcement of trademark rights. 
• Patents: It protects inventions, granting exclusive rights for a specified period. India’s Patents Act outlines patentable subject matter and procedures for grant.
  • Validity: A patent is an exclusive right granted by a government to an inventor for a limited period, typically 20 years, in exchange for disclosing the invention to the public. 
  • Benefits: This disclosure allows others to learn from the invention and build upon it, while also incentivizing the inventor to invest time and resources in developing the innovation.
  • India’s patent policy has undergone changes, including the 2015 Patent Policy. Patents in India are governed by “The patent Act 1970” which was amended in 2005 to make it compliant with Trade-Related Aspects of Intellectual Property Rights(TRIPS). 

• Industrial Design: It refers to the application of creative and aesthetic principles to the design of mass-produced objects. 
  • It protects the ornamental aspects of functional items. 
  • The Designs Act governs registration in India.
• Trade Secrets: It encompasses confidential business information. 
  • India does not have a specific statute but recognizes trade secret protection under common law.
  • Protecting trade secrets is crucial in sectors like technology and manufacturing. 
  • India’s legal framework is evolving to address the growing importance of trade secrets.
• Geographical Indications (GI TAG): It is a sign that identifies a product originating from a specific geographical location whose quality and reputation are essentially due to that origin. 
  • Obtaining GI protection for your product offers numerous advantages for producers and consumers alike.
  • Registration of Geographical Indications: An application for the registration of a GI is to be made to the Registrar of Geographical Indications in the form prescribed under the Geographical Indications of Goods (Registration and Protection) Act, 1999.
  • Validity of GI Registration: The initial term of GI registration in India is 10 years, and it can be renewed for further periods of 10 years each.

• Plant Varieties: Plant Breeder’s Rights (PBR) are a form of intellectual property (IP) that recognizes the contributions of plant breeders in developing new and improved varieties of plants. 
  • Breeder’s Rights are intellectual property protections for plant breeders, granting exclusive control over the commercial use of new plant varieties.

Plant Varieties and Farmers’ Rights Act 2001

The Legal Framework in India: India established a legal framework for PBR with the Protection of Plant Varieties and Farmers’ Rights Act (PPV&FR Act) enacted in 2001[UPSC 2019]. 

• • This Act aims to:
    • Recognize and protect the rights of plant breeders to their creations.
    • Balance the rights of breeders with the rights of farmers to save, exchange, and use their own seeds.
    • Promote the development of new plant varieties suitable for Indian conditions.

• Key Provisions of the PPV&FR Act:

• • Eligible Plant Varieties: The Act protects distinct, uniform, and stable varieties of all plant genera and species.
  • Rights Granted to Breeders: Breeders of protected varieties have exclusive rights to produce, sell, distribute, import, and export the protected variety.
  • Farmers’ Rights: The Act recognizes the traditional rights of farmers to save, use, exchange, and sell seeds of protected varieties for their own consumption and non-commercial purposes.
  • Registration and Grant of PBR: Breeders need to apply to the Plant Variety Protection and Farmers’ Rights Authority (PPVFRA) for registration of their variety. 
    • The PPVFRA then grants PBR for a period of 15 years (20 years for trees and vines).

TRIPS Agreement

Adopted by the World Trade Organization (WTO) in 1994, TRIPS establishes minimum standards for IP protection for member countries, including patents, copyrights, and trademarks.

• • It aims to promote innovation and international trade by providing exclusive rights to inventors and creators.

• Compulsory Licensing: A provision within TRIPS allows governments to grant licenses to produce patented products without the consent of the patent holder under certain circumstances.

• • • This is primarily intended to address public health emergencies or ensure affordable access to essential medicines, particularly in developing countries.

• TRIPS and Compulsory Licensing: Key Points:

• • General Rule vs. Exception: While TRIPS promotes strong IP protection, it recognizes the need for flexibility in specific situations through compulsory licensing.
  • Conditions for Compulsory Licensing: Countries can grant compulsory licenses under limited circumstances, like national emergencies, public non-commercial use, or to remedy anti-competitive practices.

Compulsory license in india 

Authorisation: A compulsoryry license in India is authorized  by the controller general to third parties in line with Patent Act 1970  .

• Application: The application for compulsory license is made to the controller general on the expiry of 3 years upon fulfillment of any of three conditions mentioned in section 83 of the Indian Patent Act 1970.
• Issuing of Compulsory License: can be issued by controller general suo moto after the notification of central government , if there is either a national emergency or extreme urgency or in case of public non commercial use .
• India’s First Compulsory License: The first compulsory license was granted to Natco Pharma, allowing them to produce a generic version of Bayer’s patented cancer drug, Nexavar. This aimed to enhance affordability and access to critical medication.

Objectives of IPR Policy

There are seven important objectives of the IPR policy [UPSC 2017]

• IPR Awareness: Outreach and Promotion – awareness about the economic, social, and cultural importance of IPRs in society.
• Establish an atmosphere of invention and innovation: stimulating the creation of IPRs.
• Replace the prevailing outdated laws: To create strong and effective IPR laws that balance the interests of rights owners with the larger public interest.
• Human Capital Development: for teaching, research, and skill-building in Intellectual Property Rights – enhance and expand human resources, establishments, and capacities.
• Administration and management of innovation: Update and reinforce service-oriented IPR administration.
• Commercialization of IPRs: Get value for IPRs via commercialization.
• To Fight IPR Violations: by strengthening the execution and adjudicatory mechanisms.
• Improving Efficiency: The policy put in place a legal framework that will spur the IPR regime and lessen the time the government takes to sanction a trademark to a month. 
  • At present, the procedure takes more than a year.

Conclusion

India’s evolving IPR policy aims to balance the rights of creators with public access to essential goods, such as medicines. 

• By granting patents and copyrights, India incentivizes innovation while ensuring fair competition. The country’s commitment to protecting intellectual property fosters a conducive environment for research, creativity, and technological advancement, crucial for its development in a globalized economy.

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