Intellectual Property Rights (IPR)

In News

• The Chief Justice of India was addressing the ‘National Seminar on Adjudication of IPR (Intellectual Property Rights) Disputes in India’ at the DRDO Auditorium.

About

• Intellectual property rights are the rights given to persons over the creations of their minds.
  • They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.
• IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.

Types of Intellectual Property Rights (IPR)

• Copyright:
  • It is 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.
• Patent:
  • It 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.
• Trademark:
  • It is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. 
  • It dates back to ancient times when artisans used to put their signature or “mark” on their products.
• Industrial Design:
  • It constitutes the ornamental or aesthetic aspect of an article. 
  • A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color.
• Geographical Indications (GI):
  • GI and appellations of origin are signs used on goods that have a specific geographical origin and 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.
• Trade Secrets: 
  • These are IP rights on confidential information which may be sold or licensed.  
  • The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.

Significance

• India’s position as the global pharma hub today is largely attributable to the existing IPR regime.
  • Several pharmaceutical multinational companies have been contracting research & development (R&D) to national laboratories in India.
• The SC’s landmark 2013 ruling (Novartis vs. Union of India) is of great importance as it stopped the practice of the pharma industry to extend the patent period by simply tweaking some constituent elements.
  • This helped the common man by ensuring that lifesaving drugs are available at an affordable cost
• Protection of Plant Varieties and Farmers’ Rights Act 2001
  • In modern times, private companies have entered this arena in developing new varieties and high-yielding plants.
  • These companies expect a certain level of protection for the variants of plants they develop.
• Prosperity Rights: Intellectual Property Rights actually translates into India’s progress in real-time and extends Intellectual Property Right to India’s Prosperity Right. 
• Innovation Powerhouse: Like geographical boundaries guard our country’s interests, Intellectual Property is the guardian of our country’s prospects. Powered by Intellectual Property, India can be the “Innovation Powerhouse“ of the world.
• Create Livelihoods: Intellectual property is the cornerstone of a nation’s progress & showcases the ingenuity of our youth. The IP has the power and potential to change lives and create livelihoods for billions. 
• Help in Progress: More proficient  IP regimes contribute to making India an innovation hub. It is the key for success of Start-up India, Make in India & Design in India. 
• Compete Globally: A strong IPR regime will empower the expansion & energize the industry in challenging times. It is one of the most valuable assets in India’s ability to compete in the global economy.
• Transparency: These initiatives are bringing transparency & ease of access for IPR seekers.

Suggestions/ Way forward

• There is a need to strengthen the High Courts to deal with the IPR cases.
  • Not only do we need to fill the existing vacancies on an urgent basis, but there is also a need to increase the number of judges.
• There is also a need for improvement in judicial infrastructure.
• There is a need for the country to do more in the area of Geographical Indications.
  • India has approximately 400 registered geographical indications.
  • However, certain states are performing well; others are yet to catch up.
  • There is an immediate need to take corrective steps to achieve the full potential of geographical indications.
• There is a need to work in a mission mode to achieve the ambitious target of being in the top 25 nations of the Global Innovation Index.
• The IP Rights must ensure whoever invents in India is not only protected but guaranteed to prosper.
  • From Cars to Computers & from Sewing Machines to Spaceships, India must encourage all to design a better future for humanity. 
• The industry and other stakeholders must aim to make India the “Design hub of the World”.

Source: IE