Updated: Jul 31, 2020
The term intellectual property rights circumscribe various types of creations of mind of human intellect like industrial model, trademarks, literature, music, movies, art, compositions, works, paintings, names and symbol. Such inventions are intangible or are non-monetary assets with a commercial value. The inventors of such non-monetary assets are accorded some exclusive rights over their creations for which there are laws to protect their inventions. Intellectual property rights are no way different from other property rights which prevents and obstructs others from using the unique invention without prior permission from him/her and if still done by someone you can legally sue them and stop them or compensate for damages. These rights are mentioned in article 27 of the Universal declaration of Human Rights. The importance of intellectual property was first acknowledged in Paris convention for the protection of Industrial Property (1883)and the Berne Convention for the Protection of Literary and Artistic Works(1886). Both the treaties are managed by World Intellectual Property Organization (WIPO).
Need for Intellectual Property Rights
It encourages innovation because the legal protection of new innovations favors the commitment of additional resources for future innovation.
The stimulation and protection of intellectual property induces economic growth, creates new jobs and enhances the quality and standard of living of an individual life.
Intellectual Property Rights is required to protect and safeguard inventors and other producers of their intellectual commodity, goods and services by according certain restricted rights to manage the use made of the manufactured goods. It also ensures ease of doing a business also facilitates the transfer of technology.
National IPR Policy
The National Intellectual Property Rights (IPR) Policy 2016 was adopted in May 2016 as a vision document to MENTOR future evolution of Intellectual Property Rights in the country.
It collaborates and brings all Intellectual Property Rights under a single roof,taking into account all inter-connects and thus points to create and disturbs the cooperation between all forms of intellectual property (IP), along with statutes and agencies.
It sets in place an institutional mechanism for accomplishing, supervising and evaluating. It aims to engulf and restyle global best practices to the Indian framework.
Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce, Government of India, has been registered as the nodal department to harmonize, mentor and supervise the implementation and execute the future development of Intellectual Property Rights in India.
The Cell for IPR Promotion & Management (CIPAM) was setup under the aegis of DIPP, which was to be the single point of citation for enactment of the goals and objectives of the National Intellectual Property Policy.
India’s IPR domain is in compliance with the World Trade Organization's consensus on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Achievements under new IPR policy
Strengthening of institutional mechanism regarding IP protection and promotion.
To ClearBacklogs and Reduce Pendency in the applications of intellectual Property: lengthening of technical manpower by the government and as a result there has been a drastic reduction in pendency of IP applications.There has been an introduction of trademark certificates and electronic generated patents are automatically issued.Increase in Patent and trademark Filings: Patent filings have increased by nearly 7% in the first 8 months of 2018-19 vis-à-vis the corresponding period of 2017-18. Trademark filings have increased by nearly 28% in this time period.
IP Process Re-engineering Patent Rules, 2003 have been amended to smoothen the process and make them more familiar and user friendly andrefurbished Trade Marks Rules have been reported and noted in 2017.
Creating IPR Awareness has become an important and a necessary action. IPR Awareness programs have been conducted in academic institutions, including rural schools through satellite communication, and for industry, police, customs and judiciary etc.
Technology and Innovation Support Centres (TISCs): In accordance with WIPO, TISCs have been established in various institutions across different states.
Section 3(d) of the Indian Patent Act 1970 (as amended in 2005) does not permit the patent to be accorded to inventions circumscribing new forms of a known substance unless it is different in properties and nature that are concerned to efficacy which means that the Indian Patent Act does not give consent to the evergreening of patents.
This has been a cause of concern to the pharma companies. Section 3(d) was instrumental in the Indian Patent Office (IPO) for rejecting the patent for Novartis’ drug Glivec (imatinib mesylate).
Issue of Compulsory Licensing (CL): CL is problematic and a matter of concern for foreign investors who introduces technology as they are concerned about the misuse of CL to replicate their inventions. Which has been impacting India-EU FTA negotiations. CL is the permission granted by the government to entities to use, build, manufacture, import or sell a patented invention without the consent of the owner of the patent. Patents Act in India also deals with CL.
CL has been permitted under the WTO’s TRIPS (IPR) Agreement provided certain conditions such as ‘national emergencies, other instances and situation of extreme urgency and anti-competitive practices’ that are fulfilled.
India also continues to be there on the United States Trade Representative's (USTR’s) ‘Priority Watch List’ for alleged violations of intellectual property rights (IPR). In the latest Special 301 report that was released by the United States Trade Representative (USTR), in which India was termed as “one of the world’s most challenging major economies" by the United States with respect to protection, enforcement and execution of IP.
Data Exclusivity: Foreign investors and MNCs allege that Indian law does not give protection against unfair and misuse of commercial use of test data or anyother data given to the government during the application process for market approval of pharmaceutical or agro-chemical products. And hence they demanded for the Data Exclusivity law.
But the problem arises that the enforcement of the Copyright act is very fragile, and piracy and act of replica of copyrighted materials is extensive.
More awareness is needed about the creation, protection and enforcement of IPRs to encourage the Indian industry not only to innovate but also to protect, enforce and execute their innovations.
India and IPR
India is a member of the World Trade Organization and committed to the Agreement on Trade Related Aspects of Intellectual Property (TRIPS Agreement).
India is also a member of World Intellectual Property Organization, a body responsible for the work of promotion of the protection of intellectual property rights throughout the globe.
India is also a member of the following important WIPO-administered International Treaties and Conventions relating to IPRs. Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. Paris Convention was also done for the Protection and providing security to the Industrial Property. Convention establishes the World Intellectual Property Organization. Berne Convention considers for the Protection and security of Literary and Artistic Works
Patent Cooperation Treaty
Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks- Madrid Protocol. Washington Treaty was on Intellectual Property in respect of desegregated Circuits. Nairobi Treaty on the Protection and security of the Olympic SymbolConvention for the Protection of Producers of Phonograms Against Unauthorized and illegal Duplication of Their Phonograms Last but not the least Marrakesh Treaty was to facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities and difficulties.
New Inventions are not an easy job and to protect them from others is even a tougher task but not impossible. It has become possible through an emerging and the most attractive area which is artificial intelligence which gives an assurance to the inventors of protection and security of their inventions by adopting various rules and regulation. Companies and business have a lot of data that are to be kept confidential and not shared to anyone but it would have been a difficult task if there would have been no intellectual property rights. It is sad to say that crimes are at its peak and to control these crimes there are various IP laws.
intellectual property rights are the rights that are monopoly in nature which grant their holders a temporary advantage for the exclusive exploitation of the income rights from cultural, technological expressions and inventions. The law’s governed by Patent and Artificial Intelligence together becomes a deadly combination to bring about changes as in new inventions in every field with proper protection of rights guaranteed to the inventor to suffer no harm or loss which can deeply impact our economy be it on a large or small scale, both in positive as well as negative way. To always bring about a positive and radical change it is important to discuss some important issues related to copyright, patent, trademarks and the most important Artificial Intelligence which supervises an keep a check on intellectual property. AI has infringed the patency rights what actions should be taken. When all these will be taken into consideration, only then we can truly depend that now technology can pave its way in a right way without harming or infringing anyone’s rights.
- Yash Srivastava