Intellectual Property Rights: A Review

Intellectual Property can be defined as creations of human mind. Intellectual Property

Rights are legal rights governing the use of such creations. The inventors are given certain
monopoly rights for a specified time and in return the details of innovations are made public. It is
generally assumed that IPR help to encourage invention and innovation and dissemination of
knowledge.

The term IPRs covers a bundle of rights as patents, plant breeders’ rights, copyrights,
trademarks and trade secrets each with a different purpose and effect. Copyright covers the
expression of ideas such as in writing, music and pictures. Patents cover inventions, such as
designs for objects or industrial processes. Trademarks are symbols associated with a good,
service or company. Trade secrets cover confidential business information. A very recent
addition – plant breeders rights – covers the area of production of new seeds and plant varieties.

A patent is an exclusive right to exploit ( make, use, sell, or import) an invention over a
limited period of time ( 20 years from filing) within the country where the application is made.
Patents are granted for inventions which are novel, inventive ( non-obvious) and have an
industrial application ( useful).

As a patent is valid only within the country in which it is granted, it is subject to national
laws and litigation settled in national courts.

In India, the concepts of patents and patenting practices were introduced first by the East
India Company in 1856 on the lines of the Act in United Kingdom. This was followed by further
alterations and amendments by the then colonial government resulting finally in the Patents &
Designs Act 1911. In order to ensure that the patent system was made more conductive to the
interests of the newly independent nation, an enquiry committee was appointed by the
Government of India under Justice ( Dr) Bakshi Tek Chand in late 1948, followed by another
one under justice Rajagopal Ayyangar for more detailed study of the critical issues. These
recommendations eventually lead to the enactment of the Indian Patents Act. 1970, hailed by
many as a model act for developing countries. The situation has, since, changed considerably. As
part of its policies in international trade and as a member of the World Trade Organization
(WTO) , the government has recently introduced in parliament a Bill seeking major amendments
in the 1970 Act and the amended Act would then regulate the IPRs in India in future. So also, the
new Bills related to Trade Marks, Breeders’ Rights, Biodiversity, Integrated Circuits, software’s
and so on, all covered under the umbrella of IPR;s. These Bills, in turn, also envisage new
measures to ensure greater compliance of IPRs in terms of both inventors’ rights and
Infringements by others, apart from those through the Disputes Settlement Body of WTO.

In this context, the new initiative at WIPO, known as the Patent Agenda, launched in September
2001, may greatly influence the shape of the international intellectual property system. WIPO is
one of the specialized agencies of the United Nations system of organizations, with 182 nations
as member states. WIPO’s principal objective is to promote the protection of intellectual
property throughout the world through cooperation among states. And, where appropriate, in
collaboration with other international organizations. It administers 23 international treaties
dealing with various aspects of intellectual property protection.

Expanding domain of IPR

Patents
Industrial Designs
Trade Marks
Copy Rights
Geographical Indications
Integrated Circuits
Trade Secrets
Utility Models
Know-how
Confidential Information
Plant Varieties Protection
IT Protection
Bio-diversity protection
Traditional knowledge protection
IP Laws in force in India

1. The Patents Act 1970 and The Patents (Amendment) Act, 2002
2. The Patents Rules, 2003
3. The Designs Act, 2000
4. The Trade Marks Act, 1999
5. The Trade Marks Rules, 2002
6. The Copy Rights Act 1957 and Amendments upto 1999
7. Geographical Indications of Goods (Registration & Protection) Act, 1999
8. The Information Technology (IT) Act, 2000
9. Semi conductors IC Layout Designs Act, 2000
10 The Biological Diversity Act, 2000
11 The Protection of Plant Varieties and Farmer’s Rights Act, 2001

Public Laws & Policy Statements Complementary to IPR

1. The Constitution of India, 1950

2. Industrial Policy Resolution, 1956
3. Scientific Policy Resolution, 1958
4. Technology Policy Statement, 1983
5. New Industrial Policy Statement, 1991
6. Science & Technology Policy Statement, 2003
7. The Drugs & Cosmetics Act, 1940 and Amendments
8. The prevention of Food Adulteration Act, 1954 and Amendments
9. MRTP Act, 1969 and Amendments
10. The Consumer Protection Act, 1986 & Amendments
11. The Drug (Price Control) Order 1995
12. The Drugs Policy 1994
13. The Pharmaceutical Policy 2002
14. The Income Tax Act, 1961
15. R & D Cess Act, 1986
16. Industrial (Development & Regulation) Act, 1950

IPR Related International Treaties

1. Paris Convention, 1883 as Amended upto 1979

2. Patent Cooperation Treaty (PCT), 1972
3. UPOV, 1978 and UPOV, 1991
4. UN-CBD, 1992
5. WTO-TRIPS, 1994
6. WTO-TRIMS, 1994
7. WTO-GATS, 1994
8. Universal Copy Rights Convention
9. Washington Treaty on Copy Rights
10. Budapest Treaty for Micro-Organisms Deposits. India is admitted as
Member of Budapest Treaty on 7th Dec. 2001. Lab like MTCC, IMTech
is accorded International Recognition as IDA on the Deposit of Micro
Organisms for the purpose of Patents Procedure in respect of Bio-
Technological/Micro-biological processes & products. There is a need for
more such IDA centres in India. NCIM, NCL could emerge as one such
centres.
11. Hongkong Convention