Intellectual Property Rights Policy Management Framework

2023 JUL 25

Preliminary > Science and Technology > Intellectual Property Rights (IPR) > IPR Conventions

Why in news?

Recently, the Ministry of Commerce and Industry, Government of India, has informed the Rajya Sabha about the Intellectual Property Rights Policy Management (IPRPM) Framework.

About Intellectual Property Rights:

IPR are the rights given to persons over the creation of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.
These rights are outlined in Article 27 of the Universal Declaration of Human Rights, which provides for the right to benefit from the protection of moral and material interests resulting from authorship of scientific, literary or artistic productions.
The importance of intellectual property was first recognized in the Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886).
Both treaties are administered by the World Intellectual Property Organization (WIPO).

About Intellectual Property Rights Policy Management Framework:

The framework was launched in the form of National IPR (Intellectual Property Rights) Policy 2016 encompassing all IPRs into a single vision document setting in place an institutional mechanism for implementation, monitoring and review of IP laws.

Types of IPR Covered under the Framework:

Right Area	Legal provision	Subject	Term of Protection
Patent	PatentAct1970 & 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: 60years 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	Semiconduct or 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.	Semiconductor Integrated Circuits Layout Design
Trade Secret	Common Law approach covered through IPC, Contract Act, IP Act and Copyright	Con?dential information having commercial value	Till the time con?dentiality 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.	Plant Varieties

PRACTICE QUESTION

Consider the following IPRs:

1. Trade Secret

2. Plant Varieties

3. Trademarks

4. Designs

How many of the above IPRs are covered under ‘Intellectual Property Rights Policy Management Framework’ of India?

(a) Only one

(b) Only two

(d) All four

Answer

Social Links

< PREV

NEXT >

Related Topics

Intellectual Property Rights Policy Management Framework

Social Links

Tags