Understanding of Intellectual Property Rights & Public Interest

An IPR is a monopoly granted for a certain period, over tangible objects of the person whose mental efforts created them. On the expiry of the term, the same falls in the public domain & anyone may use, reproduce, make, sell or deal in it, without any permission from the right holder.

IPR & Economic Benefits to Society

• IPR incentivize innovation
• Increases innovation that hugely benefits society.
• The development of the nation’s fortune in many industries depends on IPR.
• A free market with no IPR will lead to a reduction in the production of intellectual works.
• By rewarding the creator, overall innovation is thus increased

Abuse of IPR Rights

• Refusing to give a license.
• Imposing unreasonable terms on license.
• Charging high cost, particularly in the case of medicine.
• May lead to anti-competitive practices.
• May result in inefficient allocation of resources.

Classification of IP

• Patent
• Trademark
• Copyright
• Geographical indication
• Trade secret
• Design

Patent

A patent grants a monopoly right to use and license the use of an invention for a certain period, usually 20 years. The patent right is Quid Pro Qua with the government.

Patent and Society 

• A patent like other IPR gives great impetus to research and development. The public interest debate is the most crucial from the viewpoint of patent law. Particularly in the pharma phases.

Pharma Patent 

• The invention in the chemical or pharmaceutical industry which relates to unpredictable arts.

Grant of Patent 

• Way take up to 7 years out of the term of 20 years.
• The patent office grant patent after the examination.
• Patents can be challenged through pre-grant & post-grant opposition and revocation.

Compulsory Licensing 

• A license is an authorization of an act, without which such authorization would be an infringement.
• Compulsory licenses are the license that are been granted by the government to use the IP.
• The government issues the compulsory license to ensure and broaden access to technology information, creative work, etc. for public welfare.
• CHAPTER 16 OF INDIAN PATENT ACT, 1970:- “to prevent any abuse of monopoly granted under the patent”.

Copyright

Copyright gives exclusive right to control the reproduction of work authority ship which is literary, musical, artistic, dramatic works such as books, magazines, novels, films, plays, music, theatre, paintings, sculptures, etc. for a certain time period.

Like other IPRs, copyright protection is important to encourage the exploitation of the copyright for the benefit of others. Copyright law does ensure the protection granted to the work of writers, artists, musicians, filmmakers, etc. so that they can benefit from the result of their hard work and creativity at exclusive of others.

Grant of Copyright License 

Under License in Copyright Act, 1957; section 30-32(b) of the act; the appellate board is empowered to grant a compulsory license under certain circumstances.

1. Section 31 B: – to publish any work in which Copyright subsists for the benefit of a person with disability.
2. Section 32:- may be obtained from the appellate board to publish a translation of the work in any language.
3. To the reproduction and sale of works that are not available in India.

Trademark

A trademark is a visual symbol in the form of a word, a device, label applied to articles of commerce with a view to distinguish the goods or services of one from the others. A person who sells their goods or services under a particular trademark requires a limited exclusive right to the use of the mark in relation to those goods and services.

Functions of Trademarks 

1. Identifies the product and its origin i.e. indicates a trade connection between the proper tier of their mark and their goods or services.
2. Guarantee its unchanged quality and advertise the product.

• Allows the customer to rely on the identity of the product they purchase.
• Protect consumers from low-quality products and services.

Indian Trademark Act, 1999 

A trademark ought to be registered if it is used will mislead the public as to the origin of the goods they are purchasing. The interest of the existing trade who are entitled to object if the use of the trademark applied for, may enable the applicant’s goods to be passed off as the trader’s goods. These interests are protected under sections 9 & 11 of the Indian Trademark Act, 1999.

TRIPS Agreement

The agreement on TRADE RELATED ASPECT OF INTELLECTUAL PROPERTY RIGHT (TRIPS) is an international agreement by WTO that sets down minimum standards for many forms of IP regulations that applied to the nationals of other WTO members. It was negotiated at the end of URUGUAY ROUND OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT), 1994.

Specifically, TRIPS required WTO members to provide

• Copyright rights, covering content producers including performer’s producers of sound recording & broadcasting organizations.
• GI, including appellations of origin.
• Industrials designs, IC layout designs
• Patent, new plant varieties.
• TM and Trade Secret.

This article has been submitted by Yusrah Farooqui from NRI Vidyadayini Institute of Science, Management and Technology, Bhopal, M.P.