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GS Paper: Intellectual Property Rights

  • What constitutes a Trademark Violation?

    trademark

    The Delhi High Court dismissed a case of trademark infringement brought by the global fast food chain against a Delhi-based restaurant.

    What is a trademark?

    • A trademark is a symbol, design, word or phrase that is identified with a business.
    • When a trademark is registered, its owner can claim “exclusive rights” on its use.
    • The Trademark Act, 1999, governs the regime on trademark and its registration.
    • The Act guarantees protection for a trademark that is registered with the Controller General of Patents, Designs, and Trademarks, also known as the trademark registry.
    • A trademark is valid for 10 years, and can be renewed by the owner indefinitely every 10 years.

    Violation of trademark

    • Using a registered trademark without authorization of the entity that owns the trademark is a violation or infringement of the trademark.
    • Using a substantially similar mark for similar goods or services could also amount to infringement.
    • In such cases, courts have to determine whether this can cause confusion for consumers between the two.
    • There are several ways in which a trademark can be infringed. However, the trademark owner has to show that the trademark has a distinct character-
    1. Deceptive similarity: The law states that a mark is considered deceptively similar to another mark if it nearly resembles that other mark, confusing the consumer in the process. Such deception can be caused phonetically, structurally or visually.
    2. Passing off: Say, a brand logo is misspelt in a way that’s not easy for the consumer to discern. The Supreme Court has ruled that passing off is a “species of unfair trade competition or of actionable unfair trading by which one person, through deception, attempts to obtain an economic benefit of the reputation which other has established for himself in a particular trade or business”.

     

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  • Kerala’s 5 agricultural products get GI Tag

    gi

    Five agricultural products of Kerala have been granted Geographical Indication (GI) status.

    Which are the 5 GI products?

    • These are the latest Geographical Indications that have been registered-
    1. Attappady Attukombu Avara: It cultivated in the Attappady region of Palakkad, is curved like a goat’s horn as its name indicates. Its higher anthocyanin content compared to other dolichos beans imparts violet colour in the stem and fruits. Anthocyanin is helpful against cardiovascular diseases along with its antidiabetic properties. Other than this, calcium, protein, and fibre content are also high. The higher phenolic content of imparts resistance against pest and diseases, making the crop suitable for organic cultivation.
    2. Attappady Thuvara: It is having seeds with white coat. Compared to other red grams, Attappady Thuvara seeds are bigger and have higher seed weight. This delicious red gram, which is used as vegetable and dal, is rich in protein, carbohydrate, fibre, calcium and magnesium.
    3. Kanthalloor-Vattavada Veluthulli (garlic): Compared to the garlic produced in other areas, this garlic contains higher amount of sulphides, flavonoids, and proteins. It is rich in allicin, which is effective against microbial infections, blood sugar, cancer, cholesterol, heart diseases, and damages to blood vessels. The garlic cultivated in this area is also rich in essential oil.
    4. Onattukara Ellu and its oil: It is famous for its unique health benefits. Relatively higher antioxidant content in Onattukara Ellu helps in fighting the free radicals, which destroy the body cells. Also, the high content of unsaturated fat makes it beneficial for heart patients.
    5. Kodungalloor Pottuvellari: It is cultivated in Kodungalloor and parts of Ernakulam is consumed as juice and in other forms. This snap melon, which is harvested in summer, is an excellent for quenching thirst. It contains high amount of Vitamin C. Compared to other cucurbits, nutrients such as calcium, magnesium, fibre and fat content are also high in that.
    • The unique features of the products, imparted by the agro-climatic conditions of the geographical area of their production, are the basis for getting a GI tag.

    What are the other GIs tags awarded?

    Adding to the present collection of Geographical Indications (GIs), nine new items, including-

    1. Gamocha of Assam
    2. Tandur red gram of Telangana
    3. Raktsey Karpo apricot of Ladakh, and
    4. Alibag white onion of Maharashtra

     

    Do you know?

    Karnataka and Tamil Nadu are states with the highest number of GI tags, followed by Kerala (35), Uttar Pradesh (34), and Maharashtra (31).

     

    About GI Tag

    • Recognised by the World Trade Organization (WTO), GI is used to denote the geographical territory from where a product, be it agricultural produce, natural product, or manufactured.
    • It conveys the assurance of quality, distinctiveness, and attributes that are unique to that specific geographic region/place of origin.
    • India became a signatory to this convention, when, as a member of WTO, it enacted the Geographical Indications (Registration and Protection) Act, 1999, which came into effect on September 15, 2003.
    • To protect the GI of goods, a GI registry has been established to administer the GI of Goods (Registration and Protection) Act, 1999, under the Controller General of Patents, Designs & Trade Marks.

     

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  • GI tag sought for Beypore Uru

    beypore uru

    The District Tourism Promotion Council, Kozhikode has applied for a Geographical Indication (GI) tag for the famous Beypore Uru (boat).

    Beypore Uru

    • Beypore Uru is a wooden dhow (ship / sailing boat / sailing vessel) handcrafted by skilled artisans and carpenters in Beypore, Kerala.
    • They are a symbol of Kerala’s trade relations and friendship with the Gulf countries.
    • It is purely made of premium wood, without using any modern techniques.
    • The wood used is still sawed the traditional way which requires immense expertise.
    • It takes anywhere between 1-4 years to build each Uru and the entire process is done manually.

    Its historic significance

    • Historical records show that Beypore has been a legendary maritime hub for traders from across the world since the 1st Century C.E.
    • The iconic Uru ships have been in high demand for around 2000 years.
    • The history of Khalasis, skilled natives engaged in launching the Uru boats at Beypore, dates back to 2000 years.
    • The prominent people among them are Odayis. They manage the technical matters of ship building.
    • Their family name comes from Odam (a type of small ship previously used in interactions/trade between the Malabar coast and Lakshadweep).
    • They are also referred to as Mappila Khalasis as majority of them are Mappila Muslims.

     

    Try this PYQ:

    Q.With reference to ‘Changpa’ community of India, consider the following statement:

    1. They live mainly in the State of Uttarakhand.
    2. They rear the Pashmina goats that yield fine wool.
    3. They are kept in the category of Scheduled Tribes.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 and 3 only

    (c) 3 only

    (d) 1, 2 and 3

     

    [wpdiscuz-feedback id=”jmhupo6jvk” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

    Back2Basics: Geographical Indication (GI)

    • A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
    • Nodal Agency: Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry
    • India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 w.e.f. September 2003.
    • GIs have been defined under Article 22 (1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
    • The tag stands valid for 10 years.

     

     

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  • What are Personality Rights?

    The Delhi High Court recently passed an interim order to prevent the unlawful use of a megastar’s name, image and voice.

    What did the HC say?

    • The court, through its order, restrained persons at large from infringing the personality rights of the actor.

    Why are we discussing this?

    • Celebrities are protected from commercial misuse of their name and personality.
    • However, there have been instances where the consumers are misled owing to false advertisements or endorsements by such personalities.
    • Due to such cases, the Ministry of Consumer Affairs has made a notification in 2022 to keep a check on misleading adverts and endorsements of consumer products by imposing a penalty on the endorser.

    What are Personality Rights?

    • Personality rights refer to the right of a person to protect his/her personality under the right to privacy or property.
    • These rights are important to celebrities as their names, photographs or even voices can easily be misused in various advertisements by different companies to boost their sales.
    • Therefore, it is necessary for renowned personalities/celebrities to register their names to save their personality rights.
    • A large list of unique personal attributes contribute to the making of a celebrity.
    • All of these attributes need to be protected, such as name, nickname, stage name, picture, likeness, image and any identifiable personal property, such as a distinctive race car.

    Correlation with publicity rights

    • Personality rights are different from publicity rights.
    • Publicity rights are governed by statutes like the Trade marks Act 1999 and the Copyright Act 1957.

    Types of personality rights

    • Personality rights consist of two types of rights-
    1. Right of publicity: It is the right to keep one’s image and likeness from being commercially exploited without permission or contractual compensation, which is similar (but not identical) to the use of a trademark;
    2. Right to privacy: It is the right to not have one’s personality represented publicly without permission.
    • However, under common law jurisdictions, publicity rights fall into the realm of the ‘tort of passing off’.
    • Passing off takes place when someone intentionally or unintentionally passes off their goods or services as those belonging to another party.
    • Often, this type of misrepresentation damages the goodwill of a person or business, resulting in financial or reputational damage.

    Does the use of a name on the internet affect personality rights?

    • The Delhi High Court in 2011 made an observation in the case of Arun Jaitley vs Network Solutions Private Limited and Ors.
    • In this case, former finance minister filed a suit seeking permanent injunction against the defendants from misuse and immediate transfer of the domain name www.arunjaitley.com.
    • The Court stated that the popularity or fame of individual will be no different on the internet than in reality.

     

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  • A&N’s first application for GI tag for the Nicobari Hodi Craft

    hodi

    The Geographical Indications Registry at Chennai, has received an application from the Tribal Development Council, Andaman & Nicobar Islands, seeking the GI tag for the Nicobari hodi craft.

    Why in news?

    About Nicobari Hodi Craft

    • The hodi is the Nicobari tribe’s traditional craft.
    • It is an outrigger canoe, very commonly operated in the Nicobar group of islands.
    • The hodi is built using either locally available trees or from nearby islands, and its design varies slightly from island to island.
    • Hodis are used for transporting people and goods from one island to another, for sending coconuts, for fishing and racing purposes.
    • The tuhet, a group of families under a headman, consider the hodi an asset.
    • Hodi races are held between islands and villages.
    • The technical skills for building a hodi are based on indigenous knowledge inherited by the Nicobarese from their forefathers.

    How many GI tags have been accorded so far?

    • The Geographical Indications Registry, established in Chennai in September 2003, has received over 1,000 applications.
    • An application seeking GI tag for the Banaras’ thandai (a beverage made with milk, dry fruits and spices) was the 1,000th application.
    • Data shows that, as on date, around 1,015 applications have been filed at the Chennai office and of them, GI tags have been given to 422 products.

    Back2Basics:  Geographical Indication

    • A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
    • Nodal Agency: Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry
    • India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 w.e.f. September 2003.
    • GIs have been defined under Article 22 (1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
    • The tag stands valid for 10 years.

     

     

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  • In news: Pashmina Wool

    pashmina

    Traders of Pashmina shawls are complaining that “obsolete testing methods” have resulted in many of their export consignments being flagged for the presence of ‘Shahtoosh’ guard hair, which is obtained from endangered Tibetan antelopes.

    Shahtoosh, on the other hand, is the fine undercoat fibre obtained from the Tibetan Antelope, known locally as ‘Chiru’, a species living mainly in the northern parts of the Changthang Plateau in Tibet.  

    What is Pashmina?

    • Pashmina is a fine type of cashmere wool. The textiles made from it were first woven in Kashmir.
    • The wool comes from a number of different breeds of the cashmere goat; such as the changthangi or Kashmir pashmina goat from the Changthang Plateau in Tibet and part of the Ladakh region and few parts of Himachal Pradesh.
    • Often shawls called shahmina are made from this material in Kashmir and Nepal; these shawls are hand spun and woven from the very fine cashmere fibre.
    • Traditional producers of pashmina wool are people known as the Changpa.
    • Bureau of Indian Standards (BIS) has published an Indian Standard for identification, marking and labelling of the already GI tagged Pashmina products to certify its purity.

    About Pashmina goat

    • The Changthangi or Pashmina goat is a special breed of goat indigenous to the high altitude regions of Ladakh in Jammu and Kashmir.
    • They are raised for ultra-fine cashmere wool, known as Pashmina once woven. The Textiles are handspun and were first woven in Kashmir.
    • The Changthangi goat grows a thick warn undercoat which is the source of Kashmir Pashmina wool – the world’s finest cashmere measuring between 12-15 microns in fiber thickness.
    • These goats are generally domesticated and reared by nomadic communities called the Changpa in the Changthang region of Greater Ladakh.
    • The Changthangi goats have revitalized the economy of Changthang, Leh and Ladakh region.

     

    Try this PYQ:

    Q.With reference to ‘Changpa’ community of India, consider the following statement:

    1. They live mainly in the State of Uttarakhand.
    2. They rear the Pashmina goats that yield fine wool.
    3. They are kept in the category of Scheduled Tribes.

    Which of the statements given above is/are correct?

    (a) 1 only

    (b) 2 and 3 only

    (c) 3 only

    (d) 1, 2 and 3

     

    [wpdiscuz-feedback id=”80popdecv9″ question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

     

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  • Japan seeks GI tag for Nihonshu, an alcoholic beverage

    nihonshu

    The Embassy of Japan, New Delhi, has filed an application seeking Geographical Indication (GI) tag for nihonshu/Japanese sake, an alcoholic beverage.

    Why in news?

    • It is learnt that this is the first time a product from Japan has filed for a tag at the Geographical Indication Registry in Chennai.

    What is Nihonshu?

    • Nihonshu is regarded as a special and valuable beverage made from fermenting rice.
    • People traditionally drink nihonshu on special occasions, such as festivals, weddings or funerals, but it is also consumed on a daily basis.
    • Thus, it is an integral part of the lifestyle and culture in Japan.
    • The sake market (almost all are nihonshu) is the second largest brewed liquor (such as beer) market in Japan.

    How is it made?

    • For making nihonshu three main raw materials – rice, koji-kin (a type of fungal spore) and water – are required.
    • Its production follows an alcoholic fermentation method called parallel multiple fermentation and involves raw material treatment, koji making, starter culture making, mash making, pressing, heat sterilisation and bottling.
    • The rice and koji used should originate in Japan.

    Try this PYQ:

    Q.Which of the following has/have been accorded ‘Geographical Indication’ status?

    1. Banaras Brocades and Sarees
    2. Rajasthani Daal-Bati-Churma
    3. Tirupathi Laddu

    Select the correct answer using the code given below:

    (a) 1 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

     

    [wpdiscuz-feedback id=”kwp9fobhbd” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

    Back2Basics:  Geographical Indication

    • A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
    • Nodal Agency: Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry
    • India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 w.e.f. September 2003.
    • GIs have been defined under Article 22 (1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
    • GI is granted for a term of 10 years in India. As of today, more than 300 GI tags has been allocated so far in India (*Wikipedia).
    • The tag stands valid for 10 years.

     

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  • Patents in India

    patent systemContext

    • Increasing the efficiency of processing patent applications and wider academia-industry collaboration are crucial steps for patent system.

    What is patent system?

    • A patent system is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention.

    Why are patents important?

    • A patent is important because it can help safeguard our invention. It can protect any product, design or process that meets certain specifications according to its originality, practicality, suitability, and utility. In most cases, a patent can protect an invention for up to 20 years.

    patent systemHow to get patent?

    • To get a patent, technical information about the invention must be disclosed to the public in a patent application.
    • The patent owner may give permission to, or license, other parties to use the invention on mutually agreed terms.
    • The owner may also sell the right to the invention to someone else, who will then become the new owner of the patent.
    • Once a patent expires, the protection ends, and an invention enters the public domain; that is, anyone can commercially exploit the invention without infringing the patent.

    Terms of Patent

    • Patents may be granted for inventions in any field of technology, from an everyday kitchen utensil to a nanotechnology chip.
    • An invention can be a product – such as a chemical compound, or a process, for example – or a process for producing a specific chemical compound.
    • Patent protection is granted for a limited period, generally 20 years from the filing date of the application.
    • Patents are territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted, in accordance with the law of that country or region.

    patent systemHow patents can support inventors and improve lives

    • Recognize and reward: Patents recognize and reward inventors for their commercially-successful inventions. As such they serve as an incentive for inventors to invent. With a patent, an inventor or small business knows there is a good chance that they will get a return on the time, effort and money they invested in developing a technology. In sum, it means they can earn a living from their work.
    • Economic opportunity: When a new technology comes onto the market, society as a whole stands to benefit – both directly, because it may enable us to do something that was previously not possible, and indirectly in terms of the economic opportunities (business development and employment) that can flow from it.
    • Research and development (R&D): The revenues generated from commercially successful patent-protected technologies make it possible to finance further technological research and development (R&D), thereby improving the chances of even better technology becoming available in the future.
    • Opportunities for business growth: A patent effectively turns an inventor’s know-how into a commercially tradeable asset, opening up opportunities for business growth and job creation through licensing and joint ventures, for example.
    • Commercialization of a technology: Holding a patent also makes a small business more attractive to investors who play a key role in enabling the commercialization of a technology.
    • Spark new ideas: The technical information and business intelligence generated by the patenting process can spark new ideas and promote new inventions from which we can all benefit and which may, in turn, qualify for patent protection.
    • No freebies: A patent can help stop unscrupulous third parties from free riding on the efforts of the inventor.

    What is KAPILA Initiative?

    • Full form: KAPILA is an acronym for Kalam Program for IP (Intellectual Property) Literacy and Awareness.
    • Guidelines for patent Filing: Under this campaign, students pursuing education in higher educational institutions will get information about the correct system of the application process for patenting their invention and they will be aware of their rights.
    • Encouragement to students: The program will facilitate the colleges and institutions to encourage more and more students to file patents.

    Thing to remember

    Remember one thing, ‘KAPILA’ Program is related to IP awareness. It sounds much like an animal husbandry related initiative.

    Way ahead

    • As the patent system is a critical aspect of the national innovation ecosystem, investing in the patent ecosystem will help in strengthening the innovation capability of India.
    • The right interventions should be made for the promotion of the quality of patent applications and collaboration between academia and industry.

    Mains question

    Q. A patent can help stop unscrupulous third parties from free riding on the efforts of the inventor. Discuss this statement in context of protection of innovative ecosystem in India.

     

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  • Mayurbhanj’s superfood ‘Ant Chutney’

    The Kai Chutney made from Red Ants by the tribals of Mayurbhanj district in Odisha are seeking a Geographical Indications (GI) tag.

    Ant Chutney

    • Despite this, weaver ants are popular among the people, mostly of the tribes,
    • This food item, rich in proteins, calcium, zinc, vitamin B-12, iron, magnesium, potassium, sodium, copper, fibre and 18 amino acids, is known to boost the immune system and keep diseases at bay.
    • Applied under food category, the GI tag will help develop a structured hygiene protocol in the preparation of Kai chutney for standard wider use.
    • Geographical Indications labels enhance the reputation and value of local products and support local businesses.

    How is the Chutney prepared?

    • Weaver ants, Oecophylla smaragdina, are abundantly found in Mayurbhanj throughout the year.
    • They make nests with leaves of host trees.
    • The chutney is prepared by mixing and grinding salt, ginger, garlic and chilly and is sold by tribal people in rural markets.

     

    Answer this PYQ in the comment box:

    Q.Which of the following has/have been accorded ‘Geographical Indication’ status?

    1. Banaras Brocades and Sarees
    2. Rajasthani Daal-Bati-Churma
    3. Tirupathi Laddu

    Select the correct answer using the code given below:

    (a) 1 only

    (b) 2 and 3 only

    (c) 1 and 3 only

    (d) 1, 2 and 3

     

    [wpdiscuz-feedback id=”g6v5t9ixgo” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

    Back2Basics:  Geographical Indication

    • A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin.
    • Nodal Agency: Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry
    • India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 w.e.f. September 2003.
    • GIs have been defined under Article 22 (1) of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement.
    • GI is granted for a term of 10 years in India. As of today, more than 300 GI tags has been allocated so far in India (*Wikipedia).
    • The tag stands valid for 10 years.

     

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  • Indian Patent Regime vs. US norms

    The US Trade Representative (USTR) said in a report released last month that India was one of the most challenging major economies as far as IP protection and enforcement is concerned.

    What is the news?

    • US has decided to retain India on its Priority Watch List along with six other countries —Argentina, Chile, China, Indonesia, Russia and Venezuela.

    What is a Patent?

    • A patent is an exclusive set of rights granted for an invention, which may be a product or process that provides a new way of doing something or offers a new technical solution to a problem.

    Indian Patent Regime: A Backgrounder

    • Indian patents are governed by the Indian Patent Act of 1970.
    • India has gradually aligned itself with international regimes pertaining to intellectual property rights.
    • It became a party to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement following its membership to the World Trade Organisation on January 1, 1995.
    • An interesting point is that the original Indian Patents Act did not grant patent protection to pharmaceutical products to ensure that medicines were available at a low price.
    • Patent protection of pharmaceuticals were re-introduced after the 2005 amendment to comply with TRIPS.

    Various agreements

    • India is also a signatory to several IPR related conventions, including the Berne Convention, which governs copyright.
    • It is signatory to the Budapest Treaty, the Paris Convention for the Protection of Industrial Property, and the Patent Cooperation Treaty (PCT), all of which govern various patent-related matters.

    Issues raised about India

    • Among the issues raised in the report are:
    1. India’s inconsistencies regarding patent protection
    2. Concerns about what can be patented
    3. Waiting time for obtaining patents
    4. Burdensome reporting requirements and
    5. Doubts about data safety
    6. Trademark counterfeiting and secrets
    • India had undertaken an intellectual property review exercise last year, where a Parliamentary Standing Committee examined this subject.

    Contention of the US: Patents Evergreening

    • One of the main points of contention between India and the U.S. has been Article 3(d) of the Indian Patent Act.
    • Section 3 deals with what does not qualify as an invention under the Act, and Section 3(d) in particular excludes the mere discovery of a new form of a known substance.
    • Section 3(d) prevents the mere discovery of any new property or new use for a known substance from being patented as an invention unless it enhances the efficacy of the substance repetitive.
    • This prevents, what is known as “Evergreening” of patents.
    • According to the Committee’s report, Section 3(d) allows for “generic competition by patenting only novel and genuine inventions.”

    TRIPS and the Doha Declaration

    • The Doha Declaration on the TRIPS Agreement and Public Health was adopted on November 14, 2021, by the WTO member states.
    • This declaration recognises the gravity of public health problems affecting developing and least developed nations.
    • It recognises that “intellectual property protection is important for the development of new medicines,” and acknowledges concerns about its effects on prices.
    • It is interpreted and implemented as a right to protect public health and, in particular, to promote access to medicines for all.

    Key provisions of Doha Agreement

    • Compulsory licences can be invoked by a state in public interest, allowing companies apart from the patent owner to produce a patented product without consent.
    • It concluded that India must not compromise on the patentability criteria under Section 3(d).
    • It said that this ensures the growth of generic drug makers and the public’s access to affordable medicines.
    • It indicated that India should resolve its differences with the US regarding the disqualification of incremental inventions through bilateral dialogue.

    Positive steps taken by India

    • The USTR report highlighted some positive steps taken by India in the recent past.
    • India has accession to the World Intellectual Property Organisation (WIPO) Performances and Phonograms Treaty and WIPO Copyright Treaty, collectively known as the WIPO Internet Treaties, in 2018 and the Nice Agreement in 2019.

    Back2Basics: Intellectual Properties

    • IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.
    • By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

    Types of IP:

    (1) Copyright

    • Copyright is a legal term used to describe the rights that creators have over their literary and artistic works.
    • Works covered by copyright range from books, music, paintings, sculpture and films, to computer programs, databases, advertisements, maps and technical drawings.

    (2) Patents

    Discussed above

    (3) Trademarks

    • A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
    • Trademarks date back to ancient times when artisans used to put their signature or “mark” on their products.

    (4) Geographical Indications

    • Geographical indications and appellations of origin are signs used on goods that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin.
    • Most commonly, a geographical indication includes the name of the place of origin of the goods.

    (5) Trade secrets

    • Trade secrets are IP rights on confidential information which may be sold or licensed.
    • The unauthorized acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.

     

     

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