international treaties and conventions on IPRs

India is a member of a wide array of international treaties and conventions

that govern Intellectual Property Rights (IPRs), contributing to the alignment
of its domestic IP framework with global standards. These treaties facilitate
protection, enforcement, and cooperation in intellectual property at the
international level.

Major International Treaties and Conventions Ratified by

India:
 Paris Convention for the Protection of Industrial Property (1883):
Provides national treatment and right of priority for industrial property
rights, including patents, trademarks, and designs. India acceded in
1998.
 Berne Convention for the Protection of Literary and Artistic Works
(1886):
Ensures automatic copyright protection internationally without formal
registration. India became a signatory in 1928.
 Patent Cooperation Treaty (PCT) (1970):
Establishes a unified procedure for filing patent applications in
multiple countries. India joined in 1998.
 Trade-Related Aspects of Intellectual Property Rights (TRIPS)
Agreement (1994):
Sets minimum global standards for IP protection under the World
Trade Organization. India has been a WTO member since 1995 and
complies with TRIPS rules.
 Madrid Protocol (1989):
Simplifies the process for international trademark registration. India
acceded in 2013.
 Hague Agreement Concerning the International Registration of
Industrial Designs (1925):
Enables simplified international registration of industrial designs. India
joined in 2019.
 WIPO Copyright Treaty (WCT) and Performances and Phonograms
Treaty (WPPT) (1996):
Modernizes copyright and related rights protection in the digital
environment. India acceded in 2018.
 Beijing Treaty on Audiovisual Performances (2012):
Strengthens performers' rights in audiovisual works. Ratified by India
in 2020.
 Marrakesh Treaty (2013):
Improves access to copyrighted works for visually impaired persons.
India was the first to ratify in 2014.
 Locarno, Nice, and Vienna Agreements (2019):
Harmonizes classification systems for designs, trademarks, and patent
 documents, facilitating international IP registration. India joined in
2019.
 Riyadh Design Law Treaty (DLT) (2025):
Provides harmonized standards for design protection globally. India
signed in 2025.

Impact on Indian IP Regime:

India’s adherence to these treaties ensures:
 Strong compliance with global IP standards,
 Robust legal protections facilitating innovation,
 Support for international trade and investment,
 Balanced IP rights that consider public health and cultural heritage.
The Indian IP laws including the Patents Act, Copyright Act, Trademarks Act,
Designs Act, and Geographical Indications Act are regularly updated to
reflect India’s international commitments, enhancing India’s stature as a key
player in the global IP ecosystem .

the TRIPs agreement

The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights)

is a comprehensive international legal framework administered by the World
Trade Organization (WTO) that establishes minimum standards for the
protection and enforcement of various intellectual property (IP) rights across
all member countries.

Overview of the TRIPS Agreement:

 Adoption & Purpose:
TRIPS was negotiated during the Uruguay Round of GATT (1986-1994)
and came into force in 1995 with the establishment of the WTO. Its
purpose is to harmonize IP laws globally, facilitate international trade,
promote technological innovation, and balance IP protection with
public welfare.
 Scope:
TRIPS covers a broad range of IP categories, including patents,
copyrights, trademarks, geographical indications, industrial designs,
layout designs for integrated circuits, and trade secrets.
 Minimum Standards:
It sets minimum protection levels, such as:
 Patent protection for inventions lasting at least 20 years.
 Copyright terms extending at least 50 years beyond the author’s
life.
  Trademark protection of at least seven years, renewable
indefinitely.
 Protection of computer programs as literary works.
 Enforcement:
It mandates procedures and remedies for IP enforcement, including
civil, administrative, and criminal actions against infringement, as well
as border measures to prevent counterfeits.
 Public Interest Flexibilities:
Allows member countries to use exceptions like compulsory licensing
and parallel importation to address public health, education, and
development needs, as affirmed in the Doha Declaration (2001).
 Dispute Settlement:
Conflicts among WTO members regarding TRIPS compliance are
addressed through the WTO’s dispute resolution mechanism.
 General Principles:
 National Treatment: IP rights holders must be treated no less
favorably than nationals.
 Most-Favored-Nation Treatment: Advantages granted to one
member must be extended to all others.

Significance of TRIPS:
 Recognizes IP as integral to international trade.
 Promotes uniformity and predictability in IP protection worldwide.
 Balances rights of innovators with the needs of users and public
welfare.
 Provides flexibilities for developing and least-developed countries.
India, as a WTO member, has aligned its IP laws with TRIPS obligations,
balancing patent protection with access to medicines and public interest
concerns.
This makes TRIPS the most comprehensive multilateral agreement on
intellectual property rights, crucial for fostering innovation and international
trade .

PCT agreement
The Patent Cooperation Treaty (PCT) is an international treaty administered
by the World Intellectual Property Organization (WIPO) that provides a
unified and simplified procedure for filing patent applications to seek
protection for inventions simultaneously in multiple countries.

Key Features of the PCT:

 Single International Application:
A single patent application filed at a Receiving Office (national or
regional patent office) has the effect of filing in all PCT member
countries designated by the applicant.
  International Search and Preliminary Examination:
After filing, an International Searching Authority (ISA) conducts a
search to find prior art and issues a search report and written opinion
on patentability. Optionally, an International Preliminary Examining
Authority (IPEA) may perform a further examination.
 Publication:
The international application is published 18 months from the priority
date, making the invention publicly available worldwide.
 National/Regional Phase:
After the international phase (usually 30 or 31 months after priority),
the applicant must enter the national or regional phase by filing
documents and fees with patent offices of countries where protection
is sought. Each office then examines and grants patents based on
national laws.
 Advantages:
 Saves time and costs compared with filing separately in each
country.
 Provides time to assess commercial potential and patentability
before full national filings.
 Offers a standardized, streamlined global filing process.
 Access to comprehensive international patent search reports.
 Scope:
Over 150 countries and regional patent organizations are members of
the PCT, encompassing most of the world's major economies.

Summary:
The PCT streamlines and facilitates international patent filing, reduces
duplication of effort, and gives inventors time and information to make
informed decisions about pursuing patents in different countries. However, it
does not grant an “international patent”; patent granting remains under the
jurisdiction of each designated national or regional office.
Thus, the PCT is a cornerstone treaty for multinational patent protection,
widely used by corporations, research institutions, and innovators
worldwide
. the patent Act of india
The Patents Act of India, enacted in 1970, is the primary legislation for the
protection of patents in India. It sets out the legal framework for the grant,
regulation, and enforcement of patents to encourage innovation while
balancing public interest.

Key Provisions of the Indian Patents Act, 1970

 Scope and Purpose:
The Act defines the standards for patentability, requiring inventions to
 be new, involve an inventive step (non-obviousness), and have
industrial applicability.
 Patentable Inventions:
The Act excludes certain inventions from patentability, such as:
 Frivolous or contrary-to-public-order inventions
 Discoveries of scientific principles or abstract theories
 Methods of agriculture or horticulture
 Mathematical methods, business methods, computer programs
per se
 Traditional knowledge or mere aggregation of known properties
(Section 3)
 Patent Term:
Patents in India are granted for 20 years from the date of filing.
 Types of Patents:
Product and process patents are available. Notably, the 2005
amendment introduced product patents for pharmaceuticals and
chemicals in compliance with the WTO TRIPS agreement.
 Application Process:
The patent application includes provisional and complete
specifications, examination by the patent office for novelty and
inventive step, and publication 18 months after filing.
 Compulsory Licensing and Government Use:
The Act allows compulsory licenses to be granted in cases of non-
working or public interest. Government use provisions enable the
government or authorized persons to use patented inventions for
public purposes.
 Section 3(d):
Prevents patenting of new forms of known substances that do not
enhance efficacy, aimed at curbing 'evergreening' of pharmaceutical
patents.
 Enforcement and Remedies:
Provides for civil remedies such as injunctions, damages, and accounts
of profits for infringement.
 Secrecy Provisions:
Certain inventions related to atomic energy or defense can be kept
confidential.
 Restoration and Opposition:
Includes provisions for pre- and post-grant opposition and restoration
of lapsed patents.
The Indian Patents Act is designed to balance innovation incentives with
public health, accessibility, and India’s development goals, making it a
pivotal law within India’s intellectual property system .

patent amendment Act 2005

The Patents (Amendment) Act, 2005 introduced significant changes to
the Indian Patents Act, 1970 to align it with the WTO-TRIPS Agreement and
modernize the patent regime. Key provisions of the 2005 Amendment
include:
 Extension of Product Patents:
Product patents were extended to pharmaceuticals, food, chemicals,
and microbiological inventions by deleting Section 5, which earlier
restricted product patents in these areas to process patents only. This
aligned India with global patenting standards.
 Definition Changes:
Definitions for "new invention," "inventive step," and "pharmaceutical
substances" were refined to clarify patentability criteria.
 Publication Procedures:
Applications are published 18 months after filing, enabling
public inspection and pre-grant opposition.
 Pre-Grant and Post-Grant Opposition:
Introduced both pre-grant and post-grant opposition provisions,
allowing any person to oppose a patent application before grant, and
interested parties to oppose post-grant, enhancing quality checks.
 Prevention of Evergreening (Section 3(d)):
Prevents patenting minor modifications of known drugs without
significant efficacy improvements, curbing unjustified extensions of
patent monopolies.
 Compulsory Licensing:
Strengthened provisions for compulsory licenses if patents are not
sufficiently worked in India or available at reasonable prices,
ensuring access to essential medicines.
 Infringement Suit Restrictions:
Infringement suits can only be filed after patent application
publication, protecting applicants prior to grant.
 Security and Confidentiality:
Provisions for secrecy directions on grounds of national security or
public interest.
 Enhanced Enforcement:
Includes higher penalties for infringement and
procedural improvements for patenters to amend specifications before
or after grant.
The 2005 Amendment was a milestone in India

design act
The Designs Act, 2000 is the key legislation governing the registration and
protection of industrial designs in India. It replaced the earlier Designs Act of
1911 and modernized Indian law in compliance with international standards
such as the TRIPS Agreement.
Key Provisions of the Designs Act, 2000:
 Definition of Design:
A design under Section 2(d) means the features of shape,
configuration, pattern, ornament, or composition of lines or
colors applied to an article that appeal to the eye. It protects the
aesthetic or ornamental aspects, not the functional features.
 Types of Designs Protected:
Both two-dimensional designs (like patterns, prints) and three-
dimensional designs (shapes, configurations) can be registered if they
are new or original and have industrial application.
 Registration Requirements:
 The design must be novel and original, not previously published
or publicly used anywhere.
 It must not be contrary to public order or morality (no obscene
or scandalous designs).
 It must be applied to an article capable of industrial production.
 Rights of Registered Design Owner:
Exclusive rights to apply, license, transfer, and enforce the
registered design in India. Copyright protection lasts 10 years from
registration, extendable by 5 years.
 Registration Process:
Applications are submitted to the Controller of Designs, who examines
the design for novelty and compliance. Registered designs are
published to allow public awareness.
 Infringement & Remedies:
Copying or unauthorized use of a registered design is infringement.
The Act provides for civil remedies including injunctions, damages,
and account of profits. Penalties can include fines up to ₹25,000 per
contraventi
 Cancellation of Design Registration:
Grounds for cancellation include lack of novelty, prior public use, or if
design is not registrable under the Act.
 Industrial and International Exhibitions:
Provisions permit disclosure of designs at exhibitions without
losing novelty up to 6 months prior to filing.
 Legal Proceedings:
The Act facilitates court processes for the protection and
enforcement of design rights.
The Act is structured into 5 chapters, 35 sections, and 2 schedules, covering
areas from registration and rights, to infringement and cancellation.
Significance:
The Designs Act, 2000 protects creative and artistic features of
industrial products, fostering innovation and economic growth in sectors
like fashion, packaging, furniture, architecture, and consumer goods.
This Act modernizes India's design protection in line with global IP
standards, safeguarding visual originality and market competitiveness .

trademark act

The Trade Marks Act, 1999 is the main Indian legislation

governing trademarks, providing a legal framework for registration,
protection, and enforcement of trademarks for goods and services.

Key Provisions of the Trade Marks Act, 1999:

 Definition of Trademark:
Includes marks capable of distinguishing goods or services of one
person from others. This covers logos, names, signatures, shapes of
goods, packaging, colors, and combinations.
 Types of Marks:
 Trademarks for goods
 Service marks for services
 Collective marks used by associations
 Certification marks indicating certification by authorized bodies
 Registration Process:
 Applications filed with the Trademark Registry
 Examination for absolute and relative grounds of refusal
 Publication for opposition by third parties
 Registration and issuance of certificates
 Grounds for Refusal:
 Absolute grounds include lack of distinctiveness, generic or
descriptive terms, deceptive or scandalous marks, or marks
contrary to law
 Relative grounds safeguard against similar existing trademarks
causing confusion
 Duration and Renewal:
Registered trademarks are valid for 10 years from the date of
registration and can be renewed indefinitely every 10 years.
 Rights Conferred:
Exclusive rights to use, license, transfer, and enforce trademarks;
protection against infringement and passing off.
 Infringement and Remedies:
Civil remedies like injunctions, damages, and accounts of profits;
criminal penalties for counterfeit or fraudulent marks with fines
and imprisonment.
  Appellate Board:
The Intellectual Property Appellate Board (IPAB) hears appeals against
Registrar decisions and handles cancellations and rectifications.
 Additional Protections:
Protection extends to the use of marks as corporate or business
names; expanded court jurisdiction for trademark offenses;
and protection of well-known trademarks.

Significance:
The Act ensures robust protection for brand identities and promotes fair
competition while protecting consumers from deception. It adapts to
modern commerce by including service marks and collective marks,
fostering brand confidence in goods and services .
Geographical Indications act

The Geographical Indications of Goods (Registration and Protection) Act,

1999 is the key Indian legislation that governs the registration and
protection of Geographical Indications (GIs). It safeguards goods that
originate from specific geographical regions or territories and possess
certain qualities, reputation, or characteristics attributable to their origin.

Key Aspects of the Geographical Indications Act, 1999:

 Definition:
GI refers to a sign used on goods that have a
specific geographical origin and qualities or reputation tied to
that origin.
 Objectives:
 To prohibit unauthorized use or misuse of GIs.
 To protect consumers from deception regarding the origin of
goods.
 To promote and encourage exports of goods bearing Indian
geographical indications.
 Registration:
 Establishment of the Geographical Indications Registry.
 Registration confers exclusive rights to the GI owner and
authorized users.
 Registration is for 10 years, renewable indefinitely.
 Prohibitions on Registration:
GIs likely to cause deception, contain obscene matter, hurt
religious sentiments, be generic, or falsely indicate origin cannot be
registered.
 Rights Conferred:
Exclusive right to use the GI for authorized users, and right to prevent
unauthorized use, false representation, or infringement.
  Non-transferability:
GIs cannot be assigned, licensed, or mortgaged except by way of
inheritance.
 Infringement and Penalties:
Legal action can be taken against false application of GIs, falsification,
or misuse, with penalties including imprisonment and fines.
 Relation with Trademarks:
The Act prohibits registration of a GI as a trademark to maintain
its distinct identity.

Significance:
The Act protects the authenticity and reputation of regional products like
Darjeeling Tea, Basmati Rice, and Kanchipuram Silk, promotes
rural development, preserves cultural heritage, and boosts export potential.
The Act also aligns Indian law with the global TRIPS Agreement on
geographical indications, ensuring international protection mechanisms .
Bayh-Dole act and issues of academic entrepreneurship

The Bayh-Dole Act, enacted in 1980, is a landmark U.S. legislation

that empowered universities, non-profit research institutions, and
small businesses to retain ownership of inventions and patents
resulting from federally funded research. This transformation catalyzed
academic entrepreneurship and technology transfer, driving innovation
and economic growth.

Impact of the Bayh-Dole Act on Academic

Entrepreneurship:
 Technology Transfer and Commercialization:
The Act allowed universities to patent inventions and license them to
private companies or create spin-off startups, incentivizing
commercialization of academic research.
 Growth of Technology Transfer Offices (TTOs):
Universities established TTOs to manage intellectual property,
licensing, and entrepreneurship, professionalizing the
commercialization process.
 Increase in Patenting and Startups:
There has been a dramatic rise in university patent filings and
formation of research-based startups. For example, from 1980 to
2002, American universities saw a tenfold increase in patents and
created over 2,200 companies. Between 1996 and 2020, academic
technology transfer led to 141,000 patents and over 18,000 startups.
  Economic and Regional Development:
The Act spurred regional innovation clusters, especially in life
sciences and technology, fostering economic growth and job creation
linked to universities.
 Financial Incentives:
Royalties and licensing income provided significant funding for
university research and further innovation.

Issues and Challenges in Academic Entrepreneurship:

 Conflict of Interest and Academic Freedom:
Balancing profit motives with open academic inquiry poses
ethical concerns. Universities must mediate potential clashes
between commercial goals and research openness.
 Quality vs. Quantity of Patents:
Pressure to patent could lead to a surge in low-quality patents,
potentially diluting innovation quality.
 Management Complexity:
Managing IP, licensing, and startups demands new
institutional capabilities and policy frameworks.
 Equity and Inclusivity:
Ensuring equitable access and participation in benefits from academic
inventions remains a challenge.

Summary:
The Bayh-Dole Act fundamentally reshaped how academic
research translates into commercial applications, driving
innovation ecosystems. While the Act successfully fueled
entrepreneurial activities and economic growth, it also necessitates
careful balancing of academic values, ethical considerations, and effective IP
management to sustain long-term success.
This pivotal law is credited with invigorating university-led innovation while
highlighting complex dynamics inherent in academic entrepreneurship .