UPSC Essentials: One word a day- Intellectual Property Rights (IPR)

What is Intellectual Property Right?

Intellectual property right (IPR) is the right given to persons over the creations of their minds: inventions, literary and artistic works, and symbols, names and images used in commerce. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.

Where is intellectual property outlined?

These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.

Where was intellectual property first recognized?

The importance of intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886). Both treaties are administered by the World Intellectual Property Organization (WIPO).

How are intellectual property rights classified?

Intellectual property rights can be divided into two main sections:

(i) Copyright and rights related to copyright:

The rights of authors of literary and artistic works are protected by copyright. These works are books and other writings, paintings, sculptures. Even computer programs, films and music are included. It is valid for a minimum period of 50 years after the death of the author.

(ii) Industrial property: It can be divided into 2 main sections-

Related to signs- trademarks and geographical indications.

A trademark is a symbol, phrase, or insignia that is recognizable and represents a product that legally separates it from other products. A trademark is exclusively assigned to a company, meaning the company owns the trademark so that no others may use or copy it. A trademark is often associated with a company’s brand.

Geographical Indications (GIs) recognize a good as originating in a place. Some specific characteristics of the good is related to its geographical origin.

The protection may last indefinitely. The only point is that the sign-in question should continue to be unique and distinctive.

Industrial designs and trade secrets- Some types of industrial property are protected primarily for innovation and design. Also, protection of particular technology should be also included. Inventions (protected by patents), industrial designs and trade secrets are essential examples of this category.

Note: A trade secret is a company’s process or practice that is not public information, which provides an economic benefit or advantage to the company or holder of the trade secret. Trade secrets must be actively protected by the company and are typically the result of a company’s research and development.

What are the essential things to know regarding IPR in India?

India is a member of the World Trade Organization. It is committed to the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement). India is also a member of the World Intellectual Property Organization (WIPO). WIPO is responsible for the promotion of the protection of intellectual property rights throughout the world.

Some other important treaties or convention that India is a part of-

1) Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

2) Paris Convention for the Protection of Industrial Property

3) Berne Convention for the Protection of Literary and Artistic Works

What is the national IPR policy?

– The National Intellectual Property Rights (IPR) Policy 2016 was adopted in May 2016 . Its motto is “Creative India; Innovative India”.

– It actually brings all IPRs to a single platform. It sets in place an institutional mechanism for implementation, monitoring, and review. Importantly, it also aims to incorporate and adapt global best practices to the Indian scenario.

– Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce, Government of India, has been appointed as the nodal department to coordinate, guide and oversee the implementation and future development of IPRs in India.

– The ‘Cell for IPR Promotion & Management (CIPAM)’, under the aegis of DIPP, is entrusted for the implementation of the objectives of the National IPR Policy.

Note: IPR regime of India is in compliance with the WTO’s agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

Point to ponder: What are the achievements and issues related to new IPR policy of India?

(sources: wipo.int, dpiit.gov.in, investopedia.com)