Question

Essay on intellectual property rights in india

Answer 1

  Intellectual Property Rights and India

 

Introduction

Various International Treaties

Various subject matters of Intellectual Property in India

CopyrightsPatentsTrademarksDesignsGeographical IndicationsPlant VarietiesSuperconductor Chips and Integrated CircuitsTraditional Knowledge Biological Diversity

Indo-US IPR problem

Conclusion

 

 

Modern world’s economic order which runs on capitalistic line has power to commodify almost anything. Clean air has been commodified by Kyoto protocol. Water is chargeable at most locations. One can also get Himalayan glacial water by paying much more. Electromagnetic waves are auctioned by government. In similar fashion, it is possible to buy and sell intellect, thanks to IPR regime.

While it may be true that knowledge blossoms when shared, yet in certain circumstances such benevolent sharing is not desirable. When one invests lot of time, energy, money and other resources on cultivation of his knowledge towards a specific goal, he has legitimate right to fruits of his labor. Any creation of someone’s mind should be used under his authorization. This, apart from moral, also makes socio-economic sense.

Upto couple of years back, any Hepatitis C patient had to undergo a harrowing ordeal of intoxicating drugs for years. This however has changed now, thanks to invention Sofosbuvir by Gilead. This drug is taken orally and much easy for body to tolerate. It’s unlikely that without IPR protection this drug would have been invented.

IPR provides a secure environment for investors, scientists, artists, designers, traders etc. to foster innovation and scientific temper. This innovation often has potential to yield astronomical returns and rewards to creators and users. Obviously, original inventors shall have rights to such profits. However it is imperative that society at large should also be benefited by such outcomes. Thus, IPR regime aims to strike balance between public and private rights.

Patents are granted for 20 years on any new product or process to original creator. After expiry of 20 years such patents expire and generic industry can exploit what was once patented. When we say Indian pharmaceutical industry is world leader in generic drugs, it means that they manufacture mostly those drugs whose patents have been expired. In other words, for 20 years law guards private rights and then they make sure that innovation is thrown open to public, hence striking a balance.

Intervention of state in guarding tangible property of citizens like immovable property, cash, jewelry etc seems more obvious. These things can be enclosed in a limited space and protected. In these things title of ownership can be made clear by invoices and payments. State’s law and order machineries have been protecting citizens’ right to these properties from the times immemorial. However, ideas, intellect, art, programming codes and designs etc. have only recently come under definition of property. As article 300A provides right to own property to citizens, it becomes duty of state to protect intellectual property too.

If these things are to be stolen, physical custody is not required. It means that state can’t prevent proliferation of an innovative idea. Hence, it shall strive to provide exclusive right to creator to exploit its creation. Even when everyone knows the idea, secret or key, all except inventor are forbidden by law to exploit it. These things can only be used after due authorization from creator or on expiry of protection.

Not everyone is in favor of this IPR protection provided by state. Some people claim that no innovation is done in isolation. They are result of incremental innovations which are on from times immemorial. So any innovation, rather than individual asset is a social asset. Further, it is argued that most new patents are result of serendipity. There is no co-relation between effort, outcomes and rewards.

Notwithstanding strength of these criticisms, it should be realised that over the years IPR protections have encouraged tremendous investments and efforts in areas of applied science. We have overcome numerous challenges in various fields of medicine, communication, agriculture, communication, transport etc.

As already said, knowledge knows no boundaries. It is hence not enough to provide protection to a creation in domestic laws. In globalized world economy it is imperative that a universal protection is accorded. For this we have robust international system of treaty instruments and enforcement organizations.

Various International Treaties

There are different subject matters of intellectual property like Patents, Copyright, Trademarks, Industrial design, Plant Varieties etc. Need for protection in these different subjects arose in different periods. These are reflected in different treaties. Agreement on TRIPS, under aegis of WTO, remains most influential, comprehensive and inclusive of all. Other treaties are covered here for background information.