Intellectual Property Rights Policy Management Framework
Source : PIB
GS III : Awareness in the fields of IT, Space, Computers, robotics, nano-technology, bio-technology and issues relating to intellectual property rights
Overview
- News in Brief
- What is an Intellectual Property
- Intellectual Property Rights Policy Management Framework
Why in News ?
National IPR Policy 2016 encompasses all IPRs into a single vision document setting in place an institutional mechanism for implementation, monitoring and review of IP laws.
- This based on the information has been provided by the Union Minister of State for Commerce and Industry
News in Brief
- The framework was launched in the form of National IPR Policy 2016.
- It establishes an institutional framework for the application, monitoring, and review of intellectual property by including all IPRs into a unified vision document.
- The policy has seven objectives designed for creating an environment that encourages innovation and creativity by providing stronger protection and incentives for inventors, artists, and creators.
- There are several measures undertaken to achieve the given objectives.
- Among measures taken are compliance and timeline reduction in IP filing and disposal, fee rebate for Startups, MSMES, Educational Institutions and expedited examination for certain categories of applicants.
What is an Intellectual Property
- Intellectual Property (IP) refers to creations of the mind, such as inventions, artistic works, literary works, symbols, names, images, and designs used in commerce.
- Intellectual property is protected by law, granting exclusive rights to the creator or owner of the property for a specific period.
- These exclusive rights enable the creator to use, profit from, and control the use of their intellectual creations.
There are several types of intellectual property rights, each designed to protect different types of creations:
- Patents: Patents protect inventions and innovations, granting the inventor exclusive rights to produce, use, and sell the invention for a limited period. Patents are usually granted for novel and non-obvious inventions that have industrial applicability.
- Copyrights: Copyrights protect original literary, artistic, and creative works, such as books, music, films, paintings, and software. Copyright grants the creator the exclusive rights to reproduce, distribute, perform, display, and create derivative works from their creations.
- Trademarks: Trademarks are symbols, names, phrases, or designs used to distinguish goods or services of one company from those of others. They help consumers identify and associate products with a particular brand.
- Trade Secrets: Trade secrets are valuable and confidential information, such as manufacturing processes, customer lists, and marketing strategies, which give a company a competitive advantage. Unlike patents, trade secrets are not publicly disclosed and are protected as long as they remain secret.
- Industrial Designs: Industrial designs protect the aesthetic aspects of a product’s appearance, such as its shape, pattern, or color, giving it a unique visual appeal.
- Geographical Indications: Geographical indications (GIs) are used to identify products originating from a specific geographical location and possess unique qualities or characteristics due to that location.
- Intellectual property rights play a crucial role in fostering innovation, creativity, and economic development.
- By providing creators and inventors with exclusive rights to their creations.
- IP protection incentivizes further research, development, and investment in new ideas and technologies.
Challenges
- However, the protection of intellectual property can also raise complex legal and ethical issues.
- Particularly in the digital age, where infringement and piracy are prevalent.
- Striking a balance between encouraging innovation and ensuring access to knowledge and information for the greater good is an ongoing challenge for policymakers and society at large.
Intellectual Property Rights Policy Management Framework
- There are following types of National IPR Policy rights covered under Intellectual Property Rights Policy Management (IPRPM) framework
| 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.
|
6-10 years. |
Objectives and activities of National IPR Policy
- The main objectives of this policy are to foster innovation, creativity, and competitiveness in India by protecting and promoting
Image by Mohamed Hassan from Pixabay intellectual property rights.
- Some key objectives and activities undertaken under the National IPR Policy:
- IPR Laws and Rules
- Improving procedural requirements in processing of applications to speed up grant and disposal.
- Modernisation & Digitisation of IP offices
- improvement in functioning and performance of IP Offices as well as streamlining workflow processes.
- Start-Ups Intellectual Property Protection (SIPP)
- To encourage filling of Patent applications by Startups.
- Reduction in filing Fees for Start-ups, MSMEs, and educational Institutes to encourage Patent filling.
- Expedited Examination
- For certain category of applicants, such as Start-ups, small entities, women inventors for expeditious grant of Patents.
- Awareness initiatives and Programs
- For stakeholders with an intent to inculcate importance of protecting their IPR at an early stage in the business development cycle.
- National Intellectual Property Awareness Mission (NIPAM)
- A flagship program to impart IP awareness and basic training in educational institutes.
- National Intellectual Property (IP) Awards
- Conferred every year to recognize and reward the top achievers comprising individuals, institutions, organizations and enterprises, for their IP creations and commercialization.
- Patent Facilitation Programme
- To scout patentable inventions and provide full financial, technical and legal support in filing and obtaining patents.
- Expand Knowledge Capacity & Skill Building
- To promote the study, research, and development of IPR in higher educational institutions
- PR chairs have been set up across the country.
- It is under the Scheme for Pedagogy & Research in IPRs for Holistic Education and Academia (SPRIHA).
- Currently, 37 IPR Chairs are incorporated.
- Commercialization of IP
- Technology Innovation Support Centres (TIS) have been set us in various Central and State Universities and State Council for Science & Technology across the country
- This will support IPR education, boosting IP filings and enhancing IP commercialization.
- Since 2020, 12 established TISCs have filed 734 patents, conducted 1752 IP awareness programs, and commercialized 99 patents.
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