Intellectual property rights (IPR) are the rights granted to individuals over their original

creative works such as inventions, literary and artistic work, designs and symbols, names,
and images in commerce. These legal rights are granted through patents, copyrights,
trademarks, geographical indications, etc. for a specified time period.

The Importance of IPR was first recognized in the following conventions –

o Paris Convention for the Protection of Industrial Property (1883)

o Berne Convention for the Protection of Literary & Artistic Works (1886)

Both these above conventions are administered by the World Intellectual Property
Organization (WIPO).

Intellectual Property Rights (IPR) have been outlined in Article 27 of the Universal
Declaration of Human Rights (UDHR) which states that “Everyone has the right to the
protection of the moral and material interests resulting from any scientific, literary or
artistic production of which he is the author”.
What is the Need for Intellectual Property Rights (IPR)?
Every creation requires time, energy, and effort. Intellectual Property plays an important role
in the modern economy. Thus, it is necessary to recognize and respect the intellectual
creations of a creator.

o To encourage innovation: They stimulate and promote Research and

Development(R&D) in the country as the legal protection creations encourage the
commitment of additional resources for further new and upgraded innovation.

o To accelerate Economic growth: Increasing Intellectual property promotes economic

growth by the generation of new jobs and industries, which in turn uplifts the quality
of life.

o To Safeguard the rights of creators: IPR is essential to protect creators and

producers of intellectual assets, goods, and services by providing them time-limited
rights to regulate how their products are used.

o Ease of doing business: By promoting innovation and creativity in the economy, ease
of doing business also improves which promotes business’s development in the
country.

o Technology transfer: IPR enables international technology transfer through foreign

direct investment, joint ventures, foreign patenting, technology diffusion, and
licensing.

Classification of Intellectual Property Rights (IPR)

Traditionally, intellectual property rights are classified into two categories:

1. Copyright and rights related to copyright.

2. Industrial property

Copyright And Rights Related To Copyright

o The primary social goal of copyright and related rights protection is to promote and
reward innovative efforts.

o Copyright protects the rights of creators of literary and artistic works (such as books
and other publications, musical compositions, paintings, sculptures, computer
programs, and films).

o It protects the rights of creators for a minimum period of 50 years after the death of the
author.

Industrial Property
Industrial property can be sub-divided into two main categories:

1. Protection of distinctive signs, in particular trademarks & geographical indications

2. Other types of industrial property

Now let’s understand them in detail below.

Protection of distinctive signs, in particular trademarks & geographical indications

o The goal of trademark & geographical indications protection is to encourage and

ensure fair competition, as well as to safeguard customers by allowing them to make
educated decisions about diverse goods and services.

o A trademark distinguishes the goods or services of one undertaking from those of

other undertakings.

o Geographical indications(GI) identify a good as originating in a place where a given

characteristic of the good is essentially attributable to its geographical origin.

o The protection granted may last for an indefinite period of time, provided the sign in
question remains distinctive.

Other types of industrial property

o This category includes inventions that are protected by patents, industrial designs, and
trade secrets.

o It is protected primarily to stimulate innovation, design, and the creation of

technology.

o The protection is usually granted for a set period of time (typically 20 years in the case
of patents).

World Intellectual Property Organization (WIPO)

o WIPO stands for World Intellectual Property Organisation.

o It is one of the 15 specialized agencies of the United Nations (UN).

o It was established on 14 July 1967.
o It was established to promote and defend intellectual property (IP) worldwide via
collaboration with governments and international organisations.
o The Headquarters of WIPO lies in Geneva, Switzerland.
o Currently, WIPO has 193 member states(as of June 2022). Members include 190 UN
member states and the Cook Islands, Holy See, and Niue.
o India is also a member of WIPO. It joined WIPO in 1975.
o The activities of WIPO include –
1. To host forums for discussing and shaping international IP rules and policies,
 2. To provide global services that register and protect IP in different countries,
3. To resolve transboundary IP disputes,
4. To help in connecting IP systems through uniform standards and infrastructure,
5. To serve as a general reference database on all IP matters.
6. The Director-General(DG) of WIPO is Daren Tang.
7. Director-General is appointed by General Assembly through nomination by the
Coordination Committee.

o The main policy and decision-making bodies of WIPO are the Coordination
Committee and the General Assembly.
o Important Reports & Publications by WIPO – World Intellectual Property Report is
published bi-annually, with each edition focusing on specific trends in an area of
intellectual property (IP).
o World Intellectual Property Day is observed on the 26th of April every year as on
this day convention to establish the WIPO came into effect in 1970. The theme for
World Intellectual Property Day 2022 was ‘IP and Youth Innovating for a Better
Future’.

Trade-Related Aspects of the Intellectual Property Rights (TRIPS)

o The World Trade Organization’s agreement on Trade-Related Aspects of Intellectual

Property Rights (TRIPS) is the most comprehensive multilateral intellectual property
agreement (IP).
o It came into force in 1995.
o It is binding on all members of the World Trade Organization (WTO).
o The TRIPS Agreement covers five broad areas:
1. General provisions and basic fundamental principles of the multilateral trading
system.
2. Minimum standards of protection for IPR that members should provide.
3. Procedures members should provide for the enforcement of IP rights in their
own territories.
4. Disputes settlement on IP between members of the WTO.
5. Special transitional measures for the implementation of TRIPS.

World Trade Organisation (WTO)

o The World Trade Organisation (WTO) is the only global international
organisation that regulates and facilitates international trade between nations.
o It was officially set up on 1 January 1995 by replacing the General Agreement
on Trade and Tariffs (GATT) under the Marrakesh Agreement which was
signed in Morocco in 1994.
o The WTO’s headquarters are in Geneva, Switzerland.
o Number of Members: The WTO has a total of 164 members (160 UN member
states, the European Union, Hong Kong, Macao, and Taiwan)
o India is the founding member of WTO.
o The top decision-making body of WTO is the Ministerial Conference which
usually meets once every two years at a particular designated place while the
 General Council is the top day-to-day decision-making body which meets a
number of times a year in Geneva.
o The WTO’s 12th Ministerial Conference (MC12) will take place in Geneva
from June 12th to 15th, 2022. It will be co-hosted by Kazakhstan
o The WTO Secretariat is headed by a Director-General for a term of four years.
o Director-General: Ngozi Okonjo-Iweala from Nigeria (She is the first
woman and the first African to serve as Director-General).
o Important Reports published by WTO –
1. World Trade Outlook Indicator
2. World Trade Report

o Important Trades Agreements of WTO:

1. Agreement on Agriculture (AoA)
2. TRIPS Agreement (Trade-Related Aspects of Intellectual Property
Rights)
3. Agreement on the Application of Sanitary and Phytosanitary Measures
4. Agreement on Technical Barriers to Trade (TBT)
5. Agreement on Trade-Related Investment Measures (TRIMS)
6. General Agreement on Trade in Services (GATS)

o The Agreement covers the following types of intellectual properties –

o Patents,
o Copyright,
o Trademarks,
o Geographical indications,
o Industrial designs,
o Trade secrets,
o Exclusionary rights over new plant varieties.

Types of Intellectual Property covered under TRIPS Agreement

1. Copyright
o Copyright acknowledges both the economic and moral rights of the owner.
o Works covered under copyright range from books, music, paintings, sculpture &
films, to computer programs, databases, advertisements, maps & technical
drawings.
o Copyright law deals with the protection and exploitation of the expression of
ideas in a tangible form.
2. Patent
o A patent is a special right granted to the owner of an invention to manufacture,
use, and market the invention.
o Patent law recognizes the exclusive right of a patent holder to derive
commercial benefits from his/her invention.
o The purpose of patent law is to encourage scientific research, new technology,
and industrial progress.
o Any idea or principle is not eligible for a patent.
 3. Trademark
o Trademark is a badge of origin.
o Trademark can be a combination of a name, word, phrase, logo, symbol, design,
image, shape, colour, personal name, letter, number, or figurative element.
o Trademark portrays the nature and quality of a product.
o Trademark helps in identifying the product, guarantees quality, and helps in
advertising the product.
4. Geographical Indication
o It is a name or sign used on certain products which correspond to a geographic
location or origin of the product,
o Chanderi Sarees of MP and Kandhamal Haldi of Orissa are common examples
of GI products.
o Geographical location acts as a certification that the product possesses certain
qualities as per the traditional method.
5. Industrial design
o It protects the visual design of the object which is not purely utilized.
o It consists of the creation of features of a particular shape, configuration,
pattern, ornamentation, or composition of lines or colors applied to any article
in 2D or 3D form or combination of one or more features.
6. Plant Variety
o A new variety of plant breeders is protected by the State.
o Plant diversity must be original, distinct, and related to existing varieties and
key features in order to be protected.

Types Of IPR

S. Type of Definition Law Jurisdiction Time Example

No Intellectual associated –
Property Period
1 Copyright Copyright is Copyright Copyrights 60 1. Indian
given to books, Economy by
music, paintings, Act 1957 Office, Ministry years Ramesh Singh
sculpture and is the
of Commerce copyright of
films, computer
programs, Mcgraw Hill
publication
databases,
advertisements,
maps and
technical
drawings.
2 Patents It is given to new Patent acts, DPIIT, Ministry 20 1. Pen with a
products and of Scanner aka
processes. 1970 years C-pen is
Commerce invented and
 manufactured
by Christer
Fahraeus.

3 Trademarks It is given to a Trademark DPIIT, Ministry 10 1. Logo *M’ in

name, word, of the distinctive
phrase, logo, act, 1999 years style is the
Commerce trademark of
symbol, design, McDonald’s
image, or Corporation,
U.S.A.
combination of
these elements.
4 Plant Variety These rights are Protection of Ministry of 15 1. Monsanto’s
given to the genetically-
Protection farmers and plant Plant Agriculture years modified
breeders to cotton seeds
varieties and to field
encourage the
development of farmers’ Crops
new
right act, and
varieties of
plants. 2001. 18

years

to
trees

and

vines.
5 Geographical It is a sign used Geographica DPIIT, Ministry 10 1. Kashmir
indications on products that of Saffron of
l Indication years J&K
have a specific Commerce 2. Darjeeling Tea
geographical of Goods of West
origin Bengal
(Registration
and possess
qualities or a and

reputation that protection)

are due to that
Act, 1999.
origin.
6 Designs It may consist of Design Act, DPIIT, Ministry 10 1. Design of
3D features such
 as of Jewellery etc.
2000 years
shape of an Commerce
article or 2D (5
features such as
Patterns, lines, or grace
color.
years)
7 Semi- Semi-conductor Semi- Department of 10 1. IC chips by
conductors layout design Software and
and conductors electronics and years hardware
means a layout companies
Integrated of transistors and and IT, Ministry of
layouts
other circuitry integrated Communication,
elements and
layouts and IT.
expressed in any
manner in design act,
semiconductor
2000
integrated
circuits.

Background of Intellectual Property Rights in India

o The laws and administrative procedures relating to IPR have their roots in Europe.
Laws and systems related to Intellectual property were made in Italy for the first time
in the world.

o In the year 1856, India Patent Act was introduced which remained in force for more
than 50 years.

o In 1911, Indian Patent Act was modified and revised and called “The Indian Patents
and Designs Act, 1911”.

o After Independence, a complete bill on patent rights was enacted and was called “The
Patents Act, 1970”.

o India is the signatory to the Agreement on Trade-Related Aspects of Intellectual

Property Rights. So, many new legislations were passed for the protection of
intellectual property rights to meet the obligations internationally.

National IPR Policy, 2016

The National Intellectual Property Rights (IPR) Policy is a vision statement that brings all
IPRs together on a single platform. It takes a comprehensive approach to IPRs, including all
interconnections, and aspires to establish and utilize synergies across all types of intellectual
property (IP), as well as relevant statutes and authorities.

Objectives Of National IPR Policy

The primary objectives of the National IPR Policy are as follows;

o IPR Awareness – To create public awareness about the economic, social, and cultural
benefits of IPRs among all sections of society.

o Generation of IPRs – To stimulate the generation of IPRs.

o Legal and Legislative Framework – To have strong and effective IPR laws, which
balance the interests of rights owners with the larger public interest.

o Administration and Management – To modernize and strengthen service-oriented

IPR administration.

o Commercialization of IPR – To get value for IPRs through commercialization.

o Enforcement and Adjudication – To strengthen the enforcement and adjudicatory

mechanisms for combating IPR infringements.

o Human Capital Development – To strengthen and expand human resources,

institutions, and capacities for teaching, training, research, and skill-building in IPRs.

Features of National IPR Policy

The primary features of the National IPR Policy are as follows;

o National Intellectual Property Rights (IPR) Policy was approved on 12th May 2016 by
the Union Cabinet laying the future roadmap for IPRs in India.

o The Motto of the policy is “Creative India; Innovative India”.

o The policy recognises the abundance of creative and innovative energies that flow in
India.

o It will be reviewed once every five years in consultation with stakeholders.

o The policy is entirely compliant with the WTO’s agreement on TRIPS.

o The nodal agency for all IPR-related issues in India is the Department for Promotion
of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry.
 o The policy retains the provisions on Compulsory Licensing (CL) as well as preventing
the ever-greening of drug patents.

o CIPAM (Cell for IPR Promotion & Management)

o It has been created as a professional body under the aegis of DPIIT to take
forward the implementation of the National IPR Policy 2016.
o It will help in Promoting the filing of IPRs, creating public awareness,
Providing inventors of IP with a platform to commercialize, etc.

Significant Milestones Under New Intellectual Property Rights

Improvement of ranking in the Global Innovation Index

o Global Innovation Index (GII) is published annually by Cornell University,

INSEAD, and the UN World Intellectual Property Organization (WIPO)..
o In 2021, India’s rank was 46 improved from 81st in 2015.

Increase in Patent Filings

o In 2022, the number of domestic patent filing has surpassed the number of
international patent filing at the Indian patent office.
o Filing of patents has increased from 42763 in 2014-15 to 66440 in 2021-22, more than
50% increase in a span of 7 years.

Reducing Pendency

o Patent examination times have been cut in half, from 72 months in December 2016 to
5-23 months now, for various technological sectors.
o The most recent period it took to grant a patent was only 81 days from the time the
request for examination was filed.

IPR Awareness

o The Cell for IPR Promotion and Management (CIPAM) has launched a ‘Scheme for
IPR Awareness- Creative India, Innovative India.’
o It was launched to raise IPR awareness amongst students, youth, authors, artists,
budding inventors, and professionals to inspire them to create, innovate and protect
their creations and inventions across India including Urban as well as rural areas.

Re-engineering of IP Process

o To streamline IP processes and make them more user-friendly Patent Rules, 2003 has
been amended.
Strengthening of institutional mechanism

o Through an integrated approach and synergy between different IP offices and Acts
institutional mechanism is strengthened.

Technology and Innovation Support Centres (TISCs)

o 6 TISCs in conjunction with WIPO have been established in various institutions in

different states.

Issues and Challenges Associated with IPR policy

Compulsory licensing

o A compulsory license is an authorization given to any third party by the Government

to make, use or sell a particular patented product without the need for the permission
of the patent owner.
o The provisions regarding compulsory licensing are mentioned in the Indian Patents
Act (IPA) 1970 & in the TRIPS Agreement.
o Big Multinational Companies (MNCs) are asking the government to revoke this
provision.

Evergreening

o Evergreening is a strategy for extending the term of a granted patent that is about to
expire without increasing therapeutic efficacy in order to retain royalties.
o Section 3(d) in the Indian Patent Act (IPA) bars the grant of patents to new forms of
substances.
o Prevention of the evergreening of the patents for multinational companies discouraged
investments from western countries.

Violations of Intellectual Property Rights (IPR)

o India has a very high level of trademark counterfeiting against which the authorities in
India do not take proper action.

Weak Enforcement

o Judicial delays and weak Enforcement of IPR laws in India lead to counterfeiting of
products along with the export of these counterfeited fake products.

Subsidies & IPR Issues

o Western countries always complain about the subsidy regime of India as it is required
to reduce or eliminate subsidies for the complete implementation of TRIPS
agreements.