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Intellectual Property Rights in India |
Why in News- On the validity of lakhs of patent and trademark orders passed by the Controller General of Patents, Designs and Trademarks (CGPDTM) in the last two years, the Union Law Ministry and an Additional Solicitor General of India (ASG) have said that these orders are “legally unenforceable” as they were “made by outsourced employees” in violation of the Trademarks Act, 1999.
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UPSC Syllabus: Prelims: Economic Development Mains: G.S-II, G.S-III: Government Policies and Interventions; Issues relating to Intellectual Property Rights. |
What are Intellectual Property Rights (IPR)?
• Intellectual Property Rights (IPR) refer to the legal protection granted to individuals or organizations over creations of their minds, such as inventions, literary and artistic works, and symbols used in commerce.
• IPR gives the creator the exclusive right to use his creation for a certain period, thereby promoting innovation and creativity.
Difference between “Trademark,” “Copyright,” and “Patent”
Intellectual property rights (IPR) encompass various forms of protection granted to individuals or organizations over their creations. Of these, trademarks, copyrights, and patents are the most commonly discussed forms of IPR.
1. Trademark
• A trademark is a recognizable mark, design, or expression that distinguishes the source of one entity’s goods or services from others.
• Trademarks may include words, logos, symbols, and even sounds or colors that are associated with a brand.
Purpose
• The primary purpose of a trademark is to protect a company’s brand identity.
• It ensures that consumers can identify the origin of the goods or services, thereby preventing confusion in the marketplace.
Period of protection
• In India, a trademark is initially registered for ten years, with the possibility of renewal for successive periods of ten years indefinitely, provided the trademark continues to be used.
Governing Laws
• Trademarks in India are governed by the Trademarks Act, of 1999.
• This law outlines the process of trademark registration, protection, and enforcement.
2. Copyright
• Copyright is a legal right that gives the creator of original works, such as literary, artistic, musical, or dramatic works, exclusive control over the use and distribution of those works
• It includes the right to reproduce, distribute, perform, and display the work publicly.
Purpose
• The purpose of copyright is to protect the rights of creators and ensure that they receive compensation for their work.
• It encourages creativity by allowing creators to control how their work is used and to benefit financially from their creations.
Duration of Protection
• In India, copyright protection generally lasts for the lifetime of the author and 60 years after their death.
• For works where the author is not a natural person (e.g., corporate author), protection is provided for 60 years from the date of publication.
Governing Law
• Copyrights in India are governed by the Copyright Act, of 1957.
• This law outlines the rights of copyright holders, the scope of protection, and the penalties for infringement.
3. Patents
• A patent is an exclusive right granted for an invention, which may be a product or a process that provides a new way of doing something or a new technical solution to a problem.
• Patents give inventors the right to exclude others from making, using, or selling the invention for a specified period.
Purpose
• The purpose of a patent is to protect innovations and inventions, thereby promoting research and development.
• It provides inventors with an opportunity to exploit their inventions commercially and recover the cost of the innovation.
Period of Protection
• In India, patents are granted for 20 years from the date of filing of the patent application, subject to payment of annual maintenance fees.
Governing Law
• Patents in India are governed by the Patents Act, 1970.
• This law specifies the criteria for patentability, the procedure for patent application, and the rights of patent holders.
What are the patentability criteria in India?
To be eligible for a patent in India, an invention must satisfy the following criteria:
Novelty: The invention must be new, which means it has not been disclosed or published anywhere before the date of filing the patent application.
Inventive Step: The invention must involve an inventive step, which means it is not obvious to a person skilled in the relevant field.
Industrial Applicability: The invention must be capable of being made or used in industry, which means it must have practical utility.
Patentable subject matter: The invention must fall within the categories of patentable subject matter defined under the Patents Act, of 1970. Certain categories such as mathematical methods, business methods, and inventions contrary to public order are non-patentable.
Challenges in India’s Intellectual Property Rights Regime
Backlog of applications: Patents and Trai There is a significant backlog of DMark applications, leading to delays in granting rights.
Enforcement Issues: Despite a strong legal framework, enforcement of IPR remains a challenge due to piracy, counterfeiting, and inadequate infrastructure.
Awareness and Education: Small businesses and individuals lack awareness about IPR, leading to underutilization of available protections.
Disputes and Litigation: The resolution of IPR disputes is often slow and costly, leading many to shy away from taking legal action.
Manpower Shortage: The recent controversy regarding the outsourcing of staff by the CGPDTM highlights the shortage of manpower in the patent office, which impacts the timely processing of applications.
What initiatives have been taken by the government to provide a robust IPR regime in India?
National IPR Policy (2016): The policy aims to create a conducive environment for IPR protection, encourage innovation and improve IPR infrastructure. It focuses on creating awareness, legal and legislative reforms, and administration and management of IPR.
IPR Awareness Programmes: The government has launched various awareness programs to educate small businesses, universities, and innovators about the importance of IPR and protecting their creations.
Accelerated Examination Process: The Patent Office has introduced an accelerated examination process for startups and other eligible applicants to reduce the time taken to grant patents.
Modernization of IPR Offices: The government has invested in the modernization of IP offices, including the digitization of records and online filing systems to streamline the application process.
International Cooperation: India has signed various international agreements and treaties to bring its IPR laws in line with global standards, such as the TRIPS Agreement under the World Trade Organisation (WTO).
Strengthening Enforcement: The government has taken steps to improve the enforcement of IPR, including training programs for law enforcement agencies and the judiciary on IPR issues.
Role of Controller General of Patents, Designs and Trademarks (CGPDTM)
• The CGPDTM is a premier office under the Ministry of Commerce and Industry in India, responsible for administering laws relating to patents, designs, and trademarks.
• This office plays a key role in the protection and enforcement of intellectual property rights in India.
• The World Intellectual Property Organization (WIPO) works globally to protect intellectual property across borders, and the CGPDTM works within this framework to protect rights in India.
Key Points
Outsourced Employees:
• The issue cropped up when the CGPDTM outsourced 790 employees through an autonomous body, the Quality Council of India (QCI), instead of hiring government employees.
• These outsourced employees were involved in the granting of patents and trademarks, which has now been deemed illegal by the Union Law Ministry.
Impact on patents and trademarks:
• Between March 2023 and March 2024, nearly 1 lakh patents were granted by these outsourced workers, many of them to global IT companies such as Qualcomm, Samsung, Huawei, and Apple.
• The validity of these patents is now in question.
Legal opinion:
• The Department of Legal Affairs and ASG Aishwarya Bhati has recommended quashing the decisions taken by these outsourced workers, suggesting that these orders are “invalid” and can be challenged in court.
Government response:
• The Department for Promotion of Industry and Internal Trade (DPIIT) has issued a show cause notice to the Controller General, questioning the validity of these actions and seeking clarifications.
Way forward:
Updating laws: Regularly updating IPR laws to address challenges posed by new technologies such as artificial intelligence, biotechnology, and digital media.
Streamlining dispute resolution: Establish special IPR courts or fast-track mechanisms to handle IPR disputes more efficiently. Reducing the time taken to resolve disputes will increase confidence in the IPR regime.
Strengthening enforcement agencies: Increase the capacity and training of enforcement agencies, including customs, police, and judiciary, to effectively deal with IPR violations.
Collaboration with international bodies: Collaborate with international organizations such as WIPO and INTERPOL to tackle cross-border IPR violations. Global cooperation is essential in tackling issues such as digital piracy and counterfeit goods.
Encouraging research and development (R&D): Provide tax incentives, grants, and subsidies to companies investing in R&D, especially in high-tech areas. This will spur more innovation and increase the number of patents filed.
IPR resource centers: Establish IPR resource centers across the country to provide information, guidance, and support to individuals and businesses on IPR issues. These centers can also assist with the patent application process and other IPR-related processes.
Blockchain for IP Protection: Explore the use of blockchain technology to secure and track intellectual property rights. Blockchain can provide a tamper-proof record of IPR ownership and transactions, reducing the risk of infringement
Online IPR Services: Expand and improve online IPR services, making it easier for applicants to file, track, and manage their IPR applications. User-friendly interfaces and mobile apps can further simplify the process.