What is Intellectual Property?
Intellectual property (IP) refers to creations of the mind, such as inventions;
literary and artistic works; designs; and symbols, names and images used in
commerce.
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. By striking the right balance between the interests of innovators and the
wider public interest, the IP system aims to foster an environment in which
creativity and innovation can flourish.
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Note:
Intellectual property is an umbrella term for a set of intangible assets or assets
that are not physical in nature.
Intellectual property is owned and legally protected by a person or company
from outside use or implementation without consent.
Intellectual Property Rights
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.
In other words, we can say that the legal rights prohibit all others from using the
Intellectual Property for commercial purposes without the prior consent of the
IP rights holder. IP rights include trade secrets, utility models, patents,
trademarks, geographical indications, industrial design, layout design of
integrated circuits, copyright and related rights, and new varieties of plants. It is
very well settled that IP plays an important role in the modern economy.
IPR is in the process of continuous development. As technology is rapidly
evolving in all areas of human activities, the field of IP is also growing. As per
the requirement of scientific and technological progress, new items are being
added to the scope of IPR, and the scope of its preservation is being expanded.
Bio Patents, Software Copyrights, Plant Diversity Protection, these are few
names which reflect contemporary developments in the field of IPR. The
importance of intellectual property and its mobility is well established and
reflected at all levels, including statutory, administrative and judicial.
Scope of intellectual Property Rights
The scope of IP rights is broad; two classification modes are used to determine
whether IP is copyright or Industrial Property. Industrial properties include
patents or inventions, trademarks, trade names, biodiversity, plant breeding
rights and other commercial interests. A patent gives its holder the exclusive
right to use the Intellectual Property for the purposes of making money from the
invention.
An invention is itself a new creation, process, machine or manufacture. Having
copyright does not give you the exclusive right to an idea, but it protects the
expression of ideas that are different from a patent.
Copyright covers many fields, from art and literature to scientific works and
software. Even music and audio-visual works are covered by copyright laws.
The duration of copyright protection exists 60 years after the death of the
creator. In other words, an author’s book is copyrighted for his entire life and
then 60 years after his death. Unlike patent laws, there is no requirement of the
administrative process in copyright laws.
Note:
It is clear that the management of IP and IPR is a multi-disciplinary task and
calls for many different functions and strategies that need to be aligned with
national laws and international treaties and practices. It is no longer fully driven
from the national point of view.
Different forms of IPR demand different treatment, handling, planning and
strategies, and individuals’ engagement with different domain knowledge such
as science, engineering, medicine, law, finance, marketing, and economics.
Intellectual property rights (IPR) have social, economic, technical and political
implications.
Types of intellectual property
1. Patent
A patent is an exclusive right granted for an invention. Generally speaking, 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.
2. Copyright
Copyright 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.
3. Trademarks
A trademark is a sign capable of distinguishing the goods or services of one
enterprise from those of other enterprises. Trademarks date back to ancient
times when artisans used to put their signature or "mark" on their products.
4. Industrial Designs
An industrial design 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.
5. Geographical Indications
Geographical indications 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.
6. Trade Secrets
Trade secrets 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.
7. Plant Varieties
As a part of the ratification of the TRIPS agreement, India has enacted the
Protection of Plant Varieties and Farmers Act, 2001 (commonly known as the
“Plant Act”), as per the recommendations of the International Union for
Protection of New Varieties of Plants, Geneva. The Act has facilitated the
creation of a Protection of Plant Varieties and Farmers Rights Authority. The
body is entrusted with the task of promoting the development of new varieties
of plants as well as the protection of plant varieties and the rights of the farmers
and breeders.
The development is set to sustain the progress of agriculture sector, as more
emphasis will be attributed for discovering or developing new breeds. The
scheme also seeks to enhance the growth of the seed industry and offer the
Indian farmers with better quality of seeds.
8. Layout Designs of Integrated Circuits
The Semiconductor Integrated Circuits Layout Design Act, 2000, was drafted
into the Indian governing system in compliance with the TRIPS agreement. The
Act is aimed at ensuring the protection of layout designs in integrated circuits.
Layout Designs refers to a layout of transistors and other circuitry elements. It
includes lead wires connecting such elements and expressed in any manner in a
semiconductor integrated circuit.
Note:
The Semiconductor Integrated Circuits Layout Design Act, 2000, describes a
Semiconductor Integrated Circuit as a product with transistors and other
circuitry elements which are inseparably formed on a semiconductor material,
insulating material or inside the semiconductor material and designed to
perform an electronic circuitry function.
Data Protection
Data Protection laws refer to a collection of privacy laws, policies, and
procedures which are intended to curtail the privacy intrusions caused by the
collection, storage, and dissemination of personal data. Personal data, in general
terms, is the information or data pertaining to a person who can be identified
from a particular information or data collected by a government, private
organization or an agency.
India doesn’t have an express law for Data Protection, though certain provisions
for the same can be found in the relevant laws, which includes the Information
Technology Act, 2000, and the Indian Contract Act, 1872. A codified law for this
purpose is likely to be enforced in the forthcoming years.
Information Technology and Cyber Crime
The laws associated with the domain of information technology is governed by
the Information technology Act, 2000. The Act is aimed at rendering a legal
recognition of transactions pursued through electronic data interchange and
other means of electronic communication involving the use of alternative to
paper-based methods of communication and storage of information with
governmental agencies. The provisions of the Act include:
The grounds on which the government may interfere with data.
The laws pertaining to the breach of conduct and its implications. The breach
could be in the form of a penalty for damages to computers systems, tampering
with computer source, breach of confidentiality and privacy, etc.
Governing Regulations in India
Intellectual properties rights in India is governed under the following Acts:
- Trade Marks Act, 1999 The Patents Act, 1970 (amended in 2005)
- The Copyright Act, 1957 The Designs Act, 2000
- The Geographical Indication of Goods (Registration and Protection) Act, 1999
- The Protection of Plant Varieties and Farmers Rights Act, 2001
- The Information Technology Act, 2000
WIPO
Estd: 14th July, 1967 (Came into effect from 26th April, 1970)
Headquarters: Geneva (Switzerland)
Present Director General: Daren Tang (Singapore)
The World Intellectual Property Organization (WIPO) is the global forum
for intellectual property (IP) services, policy, information, and cooperation. It is
one of the specialized agency of the United Nations, with 193 member states.
WIPO mission is to lead the development of a balanced and effective
international IP system that enables innovation and creativity for the benefit of
all.
WIPO mandate, governing bodies and procedures are set out in the WIPO
Convention, which established WIPO in 1967.
The World Intellectual Property Organization (WIPO), first recognized the
importance of IPR during the Berne Convention for the Protection of Literary
and Artistic Works (1886) and the Paris Convention for the Protection of
Industrial Property (1883).
India & WIPO
India became a member of WIPO in 1975 & before 1999, India Signed six
treaties administered by WIPO, namely, WIPO Convention (1975), Paris
Convention (1998), Berne Convention (1928), Patent Cooperation Treaty
(1998), Phonograms Convention (1975) and Nairobi Treaty (1983).
In 2019, India has joined three more WIPO treaties ( Nice Agreement, Vienna
Agreement and the Locarno Agreement ) designed to ease the search
for trademarks and industrial designs, helping brand owners and designers in
their efforts to obtain protection for their own work.
Note:
WIPO currently has 193 member states, including 190 UN member states and
the Cook Islands, Holy See and Niue; Palestine has permanent observer
status. The only non-members, among the countries recognised by the UN are
the Federated States of Micronesia, Palau and South Sudan.
In 1974 WIPO became a specialized agency of the United Nations through a
bilateral agreement between WIPO and the United Nations.
Key Point:
Article 27 of the Universal Declaration of Human Rights provides benefits
to a creator, author, or inventor by safeguarding their artistic, literary, or
scientific creation.
The Universal Declaration of Human Rights (UDHR) is an international
document adopted by the United Nations General Assembly (UNGA) that
enshrines the rights and freedoms of all human beings. It was accepted by the
General Assembly on 10 December 1948 in Paris.
This Declaration consists of 30 articles detailing an individual's
"basic rights and fundamental freedoms" and affirming their universal character
as inherent, inalienable, and applicable to all human beings.
TRIPS
Trade-Related Aspects of Intellectual Property
Rights
The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) is the most comprehensive multilateral agreement on intellectual
property (IP). It plays a central role in facilitating trade in knowledge and
creativity, in resolving trade disputes over IP, and in assuring WTO members
the latitude to achieve their domestic policy objectives. It frames the IP system
in terms of innovation, technology transfer and public welfare. The Agreement
is a legal recognition of the significance of links between IP and trade and the
need for a balanced IP system.
Since the WTO TRIPS Agreement (signed on 15th April,1994 at Marrakesh,
Morocco) came into force on 1st Jan,1995, the scale, diversity and nature of
cross-border commercial transactions in knowledge, and the ways in which
intellectual property is licensed and traded, have changed fundamentally.
WTO’s Technical Assistance
The main objective of the WTO's technical assistance activities is to help
members and observers implement an intellectual property regime that meets
their developmental and other domestic policy objectives. The activities take a
holistic approach, recognizing that policy choices within the TRIPS framework
are integral to a broader policy context.
Cooperation with other intergovernmental organizations
The WTO Secretariat cooperates with WIPO, WHO, and many other
intergovernmental and regional organizations on matters of common interest.
This cooperation includes participating as an observer in other organizations
meetings, collaborating on technical assistance, and consulting on other topics
upon request.
Note:
The TRIPS agreement has made way for the harmonization of Indian laws
connected with Intellectual Property Rights. The agreement was implemented
with the minimum standards for the protection of IPR.
A time-frame has been specified within which the participating countries are
required to effect changes in their respective laws to meet the requisite
compliance standards.
Department for Promotion of Industry and Internal Trade (DPIIT)
The Department for Promotion of Industry and Internal Trade (DPIIT) works
under the Ministry of Commerce and Industry & It is responsible for
formulation and implementation of promotional and developmental measures
for growth of the industrial sector, keeping in view the national priorities and
socio-economic objectives. It is also responsible for facilitating and increasing
the foreign direct investment (FDI) flows to the country.
DPIIT is the nodal Department for coordinating and implementing programmes
with the United Nations Industrial Development Organization (UNIDO) in
India. The department also coordinates with apex Industry Associations such
as Federation of Indian Chambers of Commerce and Industry
(FICCI), Confederation of Indian Industry (CII), ASSOCHAM in their activities
relating to promotion of industrial cooperation and to stimulate FDI into India.
DPIIT is also responsible for intellectual property rights relating to patents,
designs, trademarks, copyrights, layout-designs of integrated circuits,
and geographical indication of goods, and oversees the initiative relating to their
promotion and protection.
Earlier, it was named as Department of Industrial Policy & Promotion
(DIPP) and it was renamed as DPIIT in 2019.
The department was originally established in 1995, and was reconstituted in the
year 2000 with the merger of Department of Industrial Development.
United Nations Industrial Development Organization(UNIDO)
Estd: 1966
H.Q.: Vienna (Austria)
Director General: Gerd Müller (Germany)
Parent Organization: UN ECOSOC
Members: 171
UNIDO is a specialized agency of the United Nations with a unique mandate to
promote, dynamize and accelerate industrial development.
Its mandate is reflected in Sustainable Development Goal (SDG) 9: “Build
resilient infrastructure, promote inclusive and sustainable industrialization and
foster innovation”, but UNIDO’s activities contribute to all the SDGs.
UNIDO’s vision is a world without poverty and hunger, where industry drives
low-emission economies, improves living standards, and preserves the liveable
environment for present and future generations, leaving no one behind.
UNIDO provides support to its 171 Member States through four mandated
functions: technical cooperation; action-oriented research and policy-advisory
services; normative standards-related activities; and fostering partnerships for
knowledge and technology transfer.
UNIDO work is concentrated on three focus areas: ending hunger by helping
businesses from farm to fork; stopping climate breakdown by using renewable
energy and energy efficiency to reduce industrial greenhouse gas emissions; and
supporting sustainable supply chains so that developing country producers get a
fair deal and scarce resources are preserved.
Note: India is a founder member of UNIDO.
SDG (Sustainable Development Goals)
Quality Council of India (QCI)
Estd: 1997
Aim: To establish and promote quality standards across all social and economic
sectors like Accreditation Services, Healthcare, Industries,
Institutions & Professionals, Quality Promotion, Quality Assessment
H.Q:- New Delhi
Quality Council of India (QCI) was established as a National body for
Accreditation through a PPP model as an independent autonomous organization
with the support of Government and the Indian Industry represented by the three
premier industry associations-
(i) Associated Chambers of Commerce and
Industry of India (ASSOCHAM),
(ii) Confederation of Indian Industry (CII)
and
(iii) Federation of Indian Chambers of Commerce and Industry (FICCI).
QCI is a non-profit organization registered under the Societies Registration
Act,1860. The Department of Industrial Policy and Promotion (DIPP), Ministry
of Commerce and Industry was designated as the nodal point for all matters
connected with quality and QCI.
QCI has been established to create a mechanism for independent third party
assessment of products, services and processes. It plays a pivotal role at the
national level in propagating, adoption and adherence to quality standards in all
important spheres of activities including education, healthcare, environment
protection, governance, social sectors, infrastructure sector etc., that have
significant bearing in improving the quality of life and wellbeing of the Public.
Ofiices of CGPDTM across the country
- The headquarter of the Office of Controller General of Patents, Designs & Trade Marks is located at Mumbai.
- The Rajiv Gandhi National Institute of Intellectual Property Management (RGNIIPM) and Patent Information System (PIS), Nagpur also function under the superintendence and administrative control of the CGPDTM.
- The Patent Office is located at four places, that is, Chennai, Delhi, Kolkata and Mumbai. The Trade Marks Registry is located at five places, that is, Chennai, Delhi, Kolkata, Mumbai and Ahmedabad.
- The Designs Wing is located at Kolkata and the Geographical Indications Registry is located at Chennai.
- The Copyright Office and the Semiconductor Integrated Circuits Layout-Design Registry are located at Delhi. The RGNIIPM and PIS are located at Nagpur.
Examiner of Patents and Designs
The Examiner of Patents & Designs is the backbone of the Patent Office who
examines the patent application in accordance with section 12 of the Patents
Act, 1970, which states as follows:
12. Examination of application-
(1) When
a request for examination has been made in respect of an application for a patent
in the prescribed manner under sub-section (1) or sub-section (3) of section
11B, the application and specification and other documents related thereto shall
be referred at the 4 earliest by the Controller to an examiner for making a report
to him in respect of the following matters, namely:-
- (a) whether the application and the specification and other documents relating thereto are in accordance with the requirements of this Act and of any rules made thereunder;
- (b) whether there is any lawful ground of objection to the grant of the patent under this Act in pursuance of the application;
- (c) the result of investigations made under section 13; and
- (d) any other matter which may be prescribed.
(2)
The examiner to whom the application and the specification and other
documents relating thereto are referred under sub-section (1) shall ordinarily
make the report to the Controller within such period as may be prescribed. It
may be noted that the Examiner of Patents & Designs also acts as Examiner
under the Designs Act, 2000.
CIPAM (Cell for IPR Promotion and Management)
Tagline: Creative India, Innovative India
CIPAM is a professional body under the aegis of Department for Promotion of
Industry and Internal Trade (DPIIT) which ensures focused action on issues
related to IPRs and addresses some core identified objectives of the policy.
CIPAM assists in simplifying and streamlining of IP processes, apart from
undertaking steps for furthering IPR awareness, commercialization, and
enforcement.
Functions:
- Simplifying and streamlining of IP processes by formulating and implementing a focused strategy for each policy objective.
- Coordination with State level agencies and Ministries/ Departments of the Government of India, industry bodies as well as international agencies; IP cells to be set up.
- IPR awareness campaign across the country in schools, colleges/universities and the industry.
- Training and sensitization programmes for enforcement agencies and Judiciary; coordination for effective enforcement of IPR rights.
- Study and facilitate implementation of best practices for promotion and commercialization of IP within the country
National Intellectual Property Awareness Mission (NIPAM)
NIPAM, a flagship program to impart IP awareness and basic training, was
launched on 8 Dec 2021 as a part of “Azadi Ka Amrit Mahotsav'' celebrations.
It is the pan-India ambitious mission aims to provide awareness on intellectual
property and its rights to 1 million students. It aims to inculcate the spirit of
creativity and innovation to students of higher education (classes 8 to 12) and
ignite and inspire the students of college/Universities to innovate and protect
their creations. The program is being implemented by Intellectual Property
Office, the Office of Controller General of Patents, Designs and Trade Marks
(CGPDTM), Ministry of Commerce and Industry.
Note:
National Intellectual Property Awareness Mission (NIPAM) has achieved target
of imparting Intellectual Property (IP) awareness and basic training to 1 million
students on 31st July 2022, ahead of the deadline which was 15 August 2022.
During the period 08 December 2021 to 31st July 2022, the following milestones
achieved:
- No. of participants (students/faculty) trained on IP = 10, 05, 272
- Educational institutes covered = 3662
- Geographical coverage = 28 states and 7 Union Territories
National Intellectual Property Rights (IPR) Policy 2016
The National Intellectual Property Rights (IPR) Policy 2016 was adopted in
May 2016 as a vision document to guide future development of IPRs in the
country.
Its mission is “Creative India; Innovative India”.
It sets in place an institutional mechanism for implementation, monitoring and
review.
It aims to incorporate and adapt global best practices to the Indian scenario.
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