Issues Related to Intellectual Property Rights

What are Intellectual Property Rights (IPR)? How are IPRs categorized? What are the issues related to Intellectual Property Rights? Read to know more.

World Intellectual Property Organization describes Intellectual Property as ” The creations of the mind, inventions, literary and artistic works, and symbols, names, images, and designs used in commerce.”

As per the World Trade Organisation, IPR is a general term covering patents, copyrights, trademarks, industrial designs, geographical indications, protection of layout design of integrated circuits, and protection of undisclosed information

Categories of Intellectual Property Rights

In general, there are two main categories of intellectual property rights:

Copyright: A minimum of 50 years after the author’s passing, copyright protects the rights of authors of literary and artistic works such as books and other publications, musical compositions, paintings, sculptures, computer programs, and films.

Industrial property: There are two primary categories of industrial property

(i) Protection for distinguishing signs

• Particularly for geographical indications and trademarks.
• Trademarks set one company’s products or services apart from those of rival companies.
• Geographical Indications (GIs) designate a location as the source of a good when one or more of the good’s characteristics can be directly linked to that location.

(ii) Trade secrets and industrial designs

• Other sorts of industrial property are preserved largely to promote invention, design, and technological development. Patent-protected inventions, commercial designs, and trade secrets all fall under this category.
• Intellectual property rights play a critical role in every industry and are now considered to be a key element by many businesses when making investment decisions.
• Foreign businesses can protect their intellectual property in India with the support of the country’s well-balanced system of IP rights.

India’s Intellectual Property Rights

India is a signatory to the Agreement on Trade-Related Aspects of Intellectual Property and a member of the World Trade Organization (TRIPS Agreement).

India also participates in the World Intellectual Property Organization, an organization tasked with promoting the protection of intellectual property rights globally.

India is a signatory to the following significant IPR-related international treaties and conventions, which are overseen by the WIPO.

• Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Procedure
• Paris Convention for the Protection of Industrial Property
• Convention Establishing the World Intellectual Property Organization
• Berne Convention for the Protection of Literary and Artistic Works
• Patent Cooperation Treaty
• Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks- Madrid Protocol
• Washington Treaty on Intellectual Property in respect of Integrated Circuits
• Nairobi Treaty on the Protection of the Olympic Symbol
• Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms
• Marrakesh Treaty to facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities.

National Policy of IPR 2016

• In May 2016, the National Intellectual Property Rights (IPR) Policy 2016 was approved as a vision statement to direct the country’s future IPR growth.
• “Creative India; Innovative India,” is the motto of IPR Policy 2016.
• It incorporates all IPRs and brings them together on a single platform while taking into consideration their interconnections, it attempts to foster and take advantage of synergies between all types of intellectual property (IP), relevant statutes, and government organizations.
• It establishes a formal system for implementation, oversight, and evaluation.
• It tries to adapt and modify best practices from around the world for the Indian context.
• The Government of India has designated the Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce, as the nodal department to coordinate, direct, and monitor the implementation and future development of IPRs in India.
• The National IPR Policy’s goals are to be carried out by the “Cell for IPR Promotion & Management (CIPAM),” which was established under the supervision of DIPP.
• The WTO’s agreement on Trade-Related Aspects of Intellectual Property Rights is upheld by India’s IPR regime (TRIPS).

Despite having robust intellectual property rules, India’s IPR system has significant flaws since they are not effectively implemented.

Issues Related to India’s Intellectual Property Rights 

The following are the Issues Related to Intellectual Property Rights in India-

Implementation issues: A significant hurdle is getting the judiciary and enforcement officials to address concerns with intellectual property rights on par with other economic offenses by bringing them under their policy

Conflicts with Overlapping Provisions: Overprotection of intellectual property occurs when different bodies of intellectual property law simultaneously protect the same topic. It is challenging to balance private property rights in India.

• Intellectual creations versus public access to such inventions since such overlapping protection conflicts with the carefully formed concepts that have emerged over time.

Issues related to Plagiarism: Plagiarism is another serious problem. It is the act of taking another person’s intellectual property, which includes words, slogans, designs, confidential information, and creative works of authorship, and utilizing them as one’s own without acknowledging the original author or inventor.

Improper enforcement of IP laws in cyberspace: On the Internet, intellectual property rights are applicable, but their enforcement is the key concern.

• Publishers contend that the Internet undermines their rights to intellectual property since it fundamentally alters the nature and methods of publishing, leaving their products very susceptible to online piracy.
• Due to the Internet’s management being decentralized, any user can extensively disseminate work on the electronic network known as Cyberspace through a variety of means.
• An individual can simply share a piece of art with newsgroups via email or on a personal website. The law governing intellectual property rights has caused issues for those working with advanced technology, such as computer programmers. The law stipulates that something must either be in writing to be protected by copyright or a machine to be protected by a patent.

No equivalent legislation to the Western copyright laws: Although the Indian Copyright Act followed international norms, it has significant shortcomings when compared to Western copyright laws. Because India does not join the “WIPO Internet Treaties,” there is no equivalent legislation to the US DMCA in India.

• The current Indian Copyright Act makes no mention of “technological protective measures” or the need to preserve electronic rights management data. The Indian Penal Code, 1860 (IPC) contains several sections that could provide legal protection for technological measures. The IPC’s Section 23 refers to “wrongful gain or wrongful loss.”

Compulsory licensing norms: In several cases, the Indian government has been hesitant to enforce IPR to safeguard the interests of Indian citizens.

• For instance, the government may use the compulsory licensing clause to compel the patent holder or hire a third party to mass-produce a necessary drug in an emergency.

Evergreening of patent: Evergreening is a tactic for retaining royalties by prolonging the period of a granted patent that is set to expire without improving medicinal efficacy.

• Section 3(d) of the Indian Patent Act, which prohibits large pharmaceutical corporations from “evergreening” or extending the patent indefinitely by making small changes to prior patents, is another problematic topic.

Subsidies and IPR issues: In India, IPR protection in agriculture is a sensitive topic.

• Subsidies, such as minimum support prices for agricultural products and those for fertiliser, etc., are required to be phased out under the TRIPs agreement.
• Political parties are unlikely to consent to this happening anytime soon because it affects livelihoods and food security. Farmers have also expressed some opposition to transnational firms patenting seeds.

Protecting Traditional Knowledge: Traditional knowledge is like a rich mine, especially in the medical area.

• GOI is required to safeguard traditional knowledge by prohibiting MNCs from obtaining patents on traditional culture.
• Above all, the government established the Traditional Information Digital Library (TKDL) to stop traditional knowledge from being patented.

Data exclusivity: According to claims made by foreign investors and MNCs, Indian law does not protect against the unfair commercial use of test results or other data that is submitted to the government as part of a request for the government to approve a pharmaceutical or agrochemical product for sale.

• They call for a Data Exclusivity law in response.
• With limited knowledge and weak enforcement, protecting IPRs can be challenging in India. However, preserving copyrights, trademarks, and patents is essential for innovation and advancement.
• Even so, we still lag behind nations like China despite our remarkable advancement on the industrial, scientific, and economic fronts. A culture of invention and innovation will be fostered by effective IPR protection, which may help us quickly narrow that gap.

Global Pressure and Compliance: India faces international pressure to conform to global IPR standards, often perceived as beyond its TRIPS agreement obligations. Balancing international expectations with domestic needs and development goals is a continual challenge.

Way Forward

• For addressing IPR-related disputes, a suitable resolution process is required.
• India must fix any gaps in its IP laws and regulations if it is to fully benefit from the transformative advantages of a strong IP system.
• The expansion of the innovation ecosystem with improved IPR safeguards is necessary for the success of India’s flagship programs, Make in India and Startup India.
• To encourage the Indian industry to innovate as well as to protect and enforce their ideas, there has to be greater knowledge about the development, protection, and enforcement of IPRs.

Conclusion

Addressing the issues related to intellectual property rights requires a multi-pronged approach, including legal reforms, strengthening enforcement mechanisms, enhancing judicial capacities, and fostering a culture of innovation and respect for IPR.

Moreover, policies need to be inclusive, considering India’s developmental needs, public health concerns, and the imperative to foster innovation and creativity.

To improve efficiency and reduce the time needed to issue patents, India has implemented several improvements to its IPR framework.

In the nation, innovation culture is becoming more prominent. India is in a good position to prioritize R&D. This has resulted in an increased rating in the Global Innovation Index over time.

Frequently Asked Questions (FAQs)

Q. What are 7 types of intellectual property rights?

Ans: In India, there are 7 types of intellectual property rights, namely – copyright, trademarks, patents, geographical indications, plant varieties, industrial designs and semiconductor integrated circuit layout designs.

Q. Who controls IPR in India?

Ans: In India, the intellectual property rights of trademarks and patents are controlled by the Controller General of Patents Designs and Trademarks, Department of Industrial Policy and Promotion, Ministry of Commerce and Industry.

Read: Design Law Treaty (DLT)

Article Written By: Aryadevi E S