Intellectual Property Rights | Agriculture Optional Notes for UPSC PDF Download

What are Intellectual Property Rights?

• Intellectual Property Rights (IPR) encompass the legal rights granted to individuals over the products of their intellectual creations. These creations include inventions, literary and artistic works, and symbols, names, and images used in commerce. IPR typically offer the creator an exclusive right to utilize their creation for a specified duration.
• The basis for these rights can be found in Article 27 of the Universal Declaration of Human Rights, which recognizes the right to enjoy protection for the moral and material interests stemming from the authorship of scientific, literary, or artistic works.
• The recognition of the importance of intellectual property rights dates back to the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). These international treaties are administered by the World Intellectual Property Organization (WIPO).

Intellectual property rights are typically categorized into two primary domains:

(i) Copyright and related rights:

• Copyright safeguards the rights of authors of literary and artistic works, such as books, music compositions, paintings, sculptures, computer programs, and films. These rights are protected for at least 50 years after the author's death.

(ii) Industrial property: Industrial property encompasses two principal areas:

• Protection of distinctive signs, notably trademarks and geographical indications:
  • Trademarks are used to differentiate the goods or services of one entity from those of other entities.
  • Geographical Indications (GIs) identify products as originating from a place where a specific characteristic of the product is essentially linked to its geographical source. This protection aims to encourage fair competition and consumer protection by enabling informed choices among various products and services. The protection of distinctive signs can be perpetual as long as the sign maintains its distinctiveness.
• Industrial designs and trade secrets:
  • Industrial property also covers inventions (protected by patents), industrial designs, and trade secrets. These rights are primarily established to stimulate innovation, design, and technological advancements. Patents, industrial designs, and trade secrets fall within this category.

What is the need of IPR?

The progress and welfare of humanity rely on its ability to generate and introduce novel advancements in technology and culture.

• Fosters innovation: Providing legal protection for new creations encourages the allocation of additional resources for further innovation.
• Drives economic growth: Promoting and safeguarding intellectual property fosters economic expansion, generates new employment opportunities and industries, and elevates the overall quality of life.
• Protects the rights of creators: Intellectual Property Rights (IPR) are essential for safeguarding the rights of creators and other producers of intellectual products, goods, and services. It grants them time-limited rights to regulate the use of their creations.
• Advances innovation and creativity and simplifies business operations.
• Facilitates the transfer of technology through means like foreign direct investment, joint ventures, and licensing arrangements.

India and IPR

• India is a participant in the World Trade Organisation and has committed to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement).
• India is also a member of the World Intellectual Property Organization (WIPO), an international organization responsible for promoting and protecting intellectual property rights globally.
• Furthermore, India is a signatory to several crucial international treaties and conventions administered by WIPO related to Intellectual Property Rights (IPRs).
  These include:
  • Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
  • Paris Convention for the Protection of Industrial Property.
  • Convention Establishing the World Intellectual Property Organization.
  • Berne Convention for the Protection of Literary and Artistic Works.
  • Patent Cooperation Treaty.
  • Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (Madrid Protocol).
  • Washington Treaty on Intellectual Property in respect of Integrated Circuits.
  • Nairobi Treaty on the Protection of the Olympic Symbol.
  • Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms.
  • Marrakesh Treaty to facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities.

National IPR Policy

• The National Intellectual Property Rights (IPR) Policy of 2016 was adopted in May 2016 to serve as a guiding vision document for the future development of IPRs in India.
• It is centered around the motto "Creative India; Innovative India."
• This policy consolidates and unifies all forms of intellectual property (IP) and related statutes under one umbrella, emphasizing the creation and exploitation of synergies among them.
• It establishes an institutional mechanism for implementing, monitoring, and reviewing the policy and seeks to adapt global best practices to the Indian context.
• The Department of Industrial Policy & Promotion (DIPP) within the Ministry of Commerce, Government of India, is responsible for coordinating, guiding, and supervising the implementation and future evolution of IPRs in India.
• The 'Cell for IPR Promotion & Management (CIPAM),' operating under the auspices of DIPP, acts as the central point of reference for the National IPR Policy's objectives.
• India's IPR framework adheres to the World Trade Organization's (WTO) Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement.

Objectives

• Raising IPR Awareness: Outreach and Promotion: Foster public awareness regarding the economic, social, and cultural advantages of IPRs across all segments of society.
• Encouraging IPR Generation: Promote the creation of IPRs.
• Enhancing Legal and Legislative Framework: Establish robust and efficient IPR laws that strike a balance between rights owners' interests and the broader public good.
• Modernizing Administration and Management: Revamp and reinforce service-oriented IPR administration.
• Capitalizing on IPRs: Obtain value from IPRs by means of commercialization.
• Reinforcing Enforcement and Adjudication: Bolster mechanisms for enforcing IPR rights and resolving IPR infringement issues.
• Developing Human Capital: Strengthen and expand resources, institutions, and capabilities for education, training, research, and skill development in the field of IPRs.

Achievements under new IPR policy

• Achievement in GII Ranking: India's position in the Global Innovation Index (GII) published by WIPO has progressed from 81st in 2015 to the 52nd spot in 2019.
• Enhancement of Institutional Mechanism for IP Protection and Promotion. 
• Addressing Backlog and Reducing IP Application Delays: The government has bolstered its technical workforce, leading to a substantial reduction in the backlog of IP applications. Additionally, electronically generated patent and trademark certificates are now issued automatically.
• Surge in Patent and Trademark Filings: Patent applications have risen by almost 7% in the initial 8 months of 2018-19 compared to the corresponding period in 2017-18. Trademark applications have surged by nearly 28% during this timeframe.
• Re-engineering the IP Process: Amendments to the Patent Rules of 2003 have been implemented to streamline processes and enhance user-friendliness. Trade Marks Rules have been revamped and notified in 2017.
• Promotion of IPR Awareness: IPR awareness initiatives have been conducted in educational institutions, including rural schools via satellite communication, as well as for the industry, police, customs, and the judiciary.
• Establishment of Technology and Innovation Support Centres (TISCs): In collaboration with WIPO, TISCs have been set up in various institutions across different states.

Issues in India’s IPR regime

• Section 3(d) of the Indian Patent Act 1970, amended in 2005, restricts the granting of patents for new forms of known substances unless they significantly differ in properties related to efficacy. This prevents patent "evergreening," which has raised concerns among pharmaceutical companies. The rejection of Novartis' Glivec patent was influenced by this provision.
• Compulsory Licensing (CL) poses challenges for foreign investors, who worry about its potential misuse to replicate their products. It has impacted negotiations between India and the EU regarding a Free Trade Agreement (FTA). CL allows the government to grant permission to use, manufacture, import, or sell a patented invention without the patent owner's consent, and it is governed by India's Patents Act. The WTO's TRIPS (IPR) Agreement permits CL under certain conditions such as national emergencies, extreme urgency, and anti-competitive practices.
• India remains on the United States Trade Representative's (USTR’s) 'Priority Watch List' due to alleged violations of intellectual property rights (IPR). In the latest Special 301 report by the USTR, India is described as one of the world's most challenging major economies regarding the protection and enforcement of IP.
• Data Exclusivity is a concern for foreign investors and multinational corporations (MNCs) who claim that Indian law lacks protection against unfair commercial use of test data or other data submitted to the government during the application for market approval of pharmaceutical or agro-chemical products. They advocate for the enactment of Data Exclusivity laws.
• Enforcement of the Copyright Act is weak, and copyright piracy is widespread.

Way Forward

• To foster an atmosphere of innovation in educational institutions, there is a requirement to revamp the academic curriculum.
• There is a necessity for an effective mechanism to resolve issues related to Intellectual Property Rights (IPR).
• India cannot fully harness the transformative advantages of a robust IP system unless it addresses deficiencies in its IP laws and regulations.
• The success of India's flagship initiatives, such as Make in India and Start-up India, relies on strengthening the innovation ecosystem through enhanced IPR protections.
  • Enhancing awareness about the development, safeguarding, and enforcement of IPRs is essential to motivate Indian industries to not only innovate but also protect and uphold their innovations.

Conclusion

• India has implemented various changes in its IPR system to enhance efficiency and reduce patent issuance time. The country is increasingly emphasizing the culture of innovation, positioning itself favorably for research and development. This is evident in its rising rank in the Global Innovation Index.
• The government's initiatives to fortify the National IPR policy, establish an IP appellate tribunal, introduce e-governance, and uphold the TRIPS agreement of the WTO will contribute to enhancing India's global image.
• A proficient and just intellectual property system can benefit all nations by unlocking the potential of intellectual property as a driver of economic growth and social and cultural prosperity.