26 April 2024 : PIB Summary for UPSC

GS3 – Science & Technology –  Issues relating to IPR

Understanding Intellectual Property Rights and its role in innovation and development is crucial for UPSC aspirants.

● Intellectual Property Rights (IPR) refer to legal rights protecting creations of the mind, including inventions, literary and artistic works, symbols, names, images, and designs used in commerce.

● They encompass patents, copyrights, trademarks, trade secrets, and industrial designs.

● IPR provides creators with exclusive rights over their creations, encouraging innovation and creativity while safeguarding their economic interests and ensuring fair competition in the marketplace.

Types of IPR:

● Patents: Patents provide inventors with exclusive rights to their inventions, preventing others from making, using, or selling the invention without permission for a limited period, typically 20 years from the filing date. They encourage innovation by rewarding inventors with a monopoly over their creations, promoting technological advancement and economic growth.

● Copyrights: Copyrights protect original literary, artistic, musical, and other creative works from unauthorised reproduction, distribution, or public display. They give creators exclusive rights to their works, including the right to reproduce, distribute, perform, and display the work. Copyright protection lasts for the life of the author plus some more years, fostering creativity and cultural development.

● Trademarks: Trademarks are signs, symbols, logos, or phrases that identify and distinguish goods or services of one entity from those of others. They protect brand identity and consumer trust by preventing unauthorised use of trademarks by competitors. Trademark protection can be renewed indefinitely as long as the mark is actively used in commerce, ensuring long-term brand recognition and market reputation.

● Trade Secrets: Trade secrets are confidential information, such as formulas, processes, or customer lists, that provide a competitive advantage to businesses. They are protected from unauthorised disclosure or use and do not require registration. Trade secret protection lasts as long as the information remains confidential, incentivizing businesses to invest in research and development while maintaining secrecy.

● Industrial Designs: Industrial designs protect the aesthetic aspects of a product’s design, such as its shape, pattern, or ornamentation. They prevent unauthorised copying or imitation of the design, ensuring that creators can benefit from their innovative designs. Industrial design protection typically lasts for 10 to 25 years, depending on the country, fostering innovation in product design and enhancing consumer choice.

Q1. With reference to the ‘National Intellectual Property Rights Policy’, consider the following statements:

1.     It reiterates India’s commitment to the Doha Development Agenda and the TRIPS Agreement.

2.     Department of Industrial Policy and Promotion is the nodal agency for regulating intellectual property rights in India.

Which of the above statements is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Ans: Option C

Q2. Consider the following statements: (UPSC civil services prelims 2019)

1.     According to the Indian Patents Act, a biological process to create a seed can be patented in India.

2.     In India, there is no Intellectual Property Appellate Board.

3.     Plant varieties are not eligible to be patented in India.

Which of the statements given above is/are correct?

(a) 1 and 3 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3

Ans: Option C

Mains:

In a globalised world, intellectual property rights assume significance and are a source of litigation. Broadly distinguish between the terms – copyrights, patents and trade secrets. (200 words/12.5m) (UPSC CSE (M) GS-3 2014)