25 Jul Intellectual Property Rights Policy Management Framework (IPRPM)
This article covers “Daily Current Affairs” and the topic details “IPRPM”. The topic “IPRPM” has relevance in the Economy section of the UPSC CSE exam.
For Prelims:
IPRPM Framework – Key Highlights?
Initiatives under IPR Policy?
For Mains:
GS 3: Economy
Key Highlights of the Report?
About Intellectual Property Rights (IPR)?
Treaties and Conventions related to IPR?
Way Forward?
Why in the news?
The Ministry of Commerce and Industry, Government of India, has recently apprised the Rajya Sabha about the implementation of the Intellectual Property Rights Policy Management (IPRPM) Framework.
IPRPM Framework – Key Highlights:
About: The IPRPM (Intellectual Property Rights Policy and Management) Framework was launched as the National IPR Policy 2016, consolidating all Intellectual Property Rights into a single vision document. It establishes an institutional mechanism for implementation, monitoring, and review of IP laws in India.
Types of intellectual property rights covered: (i) Patents, (ii) Trade mark, (iii) Industrial Designs, (iv)Copyrights, (v) Geographical Indications, (vi) Semiconductor Integrated Circuit Layout Design, (vii) Trade Secret, and (viii) Plant Varieties.
| Right Area | Legal Provision | Subject | Term of Protection |
| Patent | Patent Act, 1970 & Patent Rules, 2003 amended in 2014, 2016, 2017, 2019, 2020, and 2021 | Must qualify requirements of being novel, Inventive, and having industrial utility | 20 years |
| Trademarks | Trademark Act 1999 & Trademark Rules 2017 | Protects brand name, logo, design for a business or commercial enterprise | 10 years; renewed for 10 years on payment of additional fees |
| Designs | Designs Act 2000 & Designs (Amendment) Rules 2021 | New or original designs (ornamental/visual appearance discernible to the human eye) which can be replicated industrially | 10 + 5 years |
| Copyrights | Copyrights Act 1957 & Copyrights Rules 2013 amended in 2021 | Creative, artistic, literary, Musical, and audio-visual works | Authors – Lifetime + 60 years; Producers – 60 years Performers – 50 years |
| Geographical Indications | Geographical Indications Act 1999 & GI Rules 2002 amended in 2020 | Goods bearing unique characteristics due to geographical linkage – agricultural goods, natural goods, manufactured goods, handicrafts, and foodstuff | 10 years, renewed for 10 years on payment of additional fees |
| Semiconductor Integrated Circuits Layout Design | Semiconductor Integrated Circuits Layout Design Act 2000 & Rules 2001 | A layout of transistors and other circuitry elements including lead wires connecting such elements and expressed in any manner in semiconductor integrated circuits | 10 years |
| Trade Secret | Common Law approach covered through IPC, Contract Act, IP Act, and Copyright | Confidential information having commercial value | Till the time confidentiality is safeguarded |
| Plant Varieties | Protection of Plant Varieties and Farmers Rights Act (PPVFRA), 2001 | Traditional varieties and landraces, all developed varieties (non-traditional and non-landrace) in trade/use for older than 1 year and not older than 15 years or 18 years (in case of trees and vines), and new plant varieties | Varies depending on the type of variety |
Objectives:
IPR Awareness: Create public awareness about the economic, social, and cultural benefits of IPRs.
Generation of IPRs: Stimulate the generation of Intellectual Property Rights.
Legal and Legislative Framework: Strengthen and balance IPR laws to safeguard both rights owners and public interest.
Administration and Management: Modernize and strengthen service-oriented IPR administration.
Commercialisation of IPRs: Facilitate value generation from IPRs through commercialization.
Enforcement and Adjudication: Strengthen mechanisms to combat IPR infringements effectively.
Human Capital Development: Enhance human resources, institutions, and capacity-building in IPRs through teaching, training, research, and skill development.
Initiatives under IPR Policy:
- National Intellectual Property Awareness Mission (NIPAM): Impart IP awareness and basic training in educational institutes.
- National Intellectual Property (IP) Awards: Recognize and reward top achievers in IP creations and commercialization.
- Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP): Encourages Startups to file Patent applications.
- Patent Facilitation Programme: Provides support in scouting patentable inventions and obtaining patents.
About Intellectual Property Rights (IPR):
IPRs are rights given to creators over their intellectual creations, granting exclusive rights for a specific period. Recognized under Article 27 of the Universal Declaration of Human Rights, IPRs protect the interests of authors, inventors, and creators.
Need for IPR:
- Encourages Innovation: Legal protection fosters commitment to innovation.
- Economic Growth: Promotes economic growth, job creation, and enhanced quality of life.
- Safeguards Creators: Grants creators time-limited rights over their creations.
- Ease of Doing Business: Facilitates innovation and ease of conducting business.
- Transfer of Technology: Facilitates technology transfer through FDI, joint ventures, and licensing.
Issues related to IPR Regime:
- Patent-Friendliness Over Public Health: Concerns over prioritizing patent interests over public health in the pharmaceutical sector.
- Data Exclusivity: Demands for data exclusivity laws to protect against unfair commercial use of test data by foreign investors.
- Resulting in Anti-Competitive Market: Need for balanced enforcement that benefits all stakeholders and avoids anti-competitive outcomes.
Treaties and Conventions related to IPR:
- Global: India is a member of the WTO and committed to the Agreement on TRIPS. It is also a member of WIPO, and various international treaties related to IPR, including the Paris Convention, Berne Convention, and Patent Cooperation Treaty.
- National: The Indian Patent Act 1970 is the principal law governing the patenting system in India, amended in 2005 to extend product patents to various fields.
Way Forward:
- India must strike a balance between innovation and access to essential goods like medicines.
- The IPR laws need regular review and updates to address emerging challenges posed by digital technologies.
- Flexibility in the IPR regime is necessary to adapt to evolving technology and business models.
SOURCE: https://pib.gov.in/PressReleasePage.aspx?PRID=1941489
Q.1 With reference to the ‘National Intellectual Property Rights Policy’, consider the following statements:
- It reiterates India’s commitment to the Doha Development Agenda and the TRIPS Agreement.
- Department of Industrial Policy and Promotion is the nodal agency for regulating intellectual property rights in India.
Which of the above statements is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: (c)
Q2. Consider the following statements:
- According to the Indian Patents Act, a biological process to create a seed can be patented in India.
- In India, there is no Intellectual Property Appellate Board.
- Plant varieties are not eligible to be patented in India.
Which of the statements given above is/are correct?
(a) 1 and 3 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3
Answer: (c)
Q.3 In a globalized world, Intellectual Property Rights assume significance and are a source of litigation. Broadly distinguish between the terms—Copyrights, Patents and Trade Secrets.
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