Intellectual Property Rights (IPRs)
Intellectual Property Rights (IPRs) and Legal Frameworks
What Are IPRs?
Intellectual Property Rights are legal rights that protect creations of the human mind—such as inventions, artistic works, designs, brand names, and geographical indications. These rights ensure that creators and inventors can benefit economically and morally from their work.
Main Types of IPRs in India and Corresponding Legal Acts
| Type of IPR | Protection | Indian Legislation | Duration |
|---|---|---|---|
| Patent | Inventions (new, non-obvious, industrially applicable) | Patents Act, 1970 (amended 2005) | 20 years |
| Copyright | Literary, artistic, musical, dramatic works, software | Copyright Act, 1957 (amended 2012) | Life of author + 60 years |
| Trademark | Symbols, logos, brand names | Trade Marks Act, 1999 | 10 years (renewable) |
| Design | Shape, configuration, pattern (aesthetic appearance) | Designs Act, 2000 | 10 years (+5 years extension) |
| Geographical Indication (GI) | Goods linked to a region (e.g. Darjeeling tea) | Geographical Indications of Goods (Registration and Protection) Act, 1999 | 10 years (renewable) |
| Plant Variety | New plant varieties and breeders' rights | PPVFR Act, 2001 | 15–18 years |
| Semiconductor Layout Design | Layout of integrated circuits | SICLD Act, 2000 | 10 years |
| Trade Secrets | Confidential business information | No specific act (protected through contracts/common law) | Indefinite (till confidentiality is maintained) |
India’s Membership in International IPR Conventions
India is a member of several major international treaties and organisations that govern global IPR norms:
| Convention / Treaty | Administered by | India’s Membership | Purpose |
|---|---|---|---|
| Paris Convention for the Protection of Industrial Property (1883) | WIPO | Since 1998 | Protects patents, trademarks, industrial designs across member countries |
| Berne Convention for the Protection of Literary and Artistic Works (1886) | WIPO | Since 1928 | Ensures copyright protection for artistic/literary works |
| Patent Cooperation Treaty (PCT) (1970) | WIPO | Since 1998 | Enables filing of patents in multiple countries with one application |
| Madrid Protocol (1989) | WIPO | Since 2013 | Facilitates international registration of trademarks |
| Budapest Treaty (1977) | WIPO | Since 2001 | Related to the deposit of microorganisms for patent procedure |
| WTO TRIPS Agreement (1995) | WTO | Founding Member | Sets global minimum standards for IPRs across all types |
| UPOV Convention (India is NOT a member) | Independent | Not a member (India uses a sui generis system via PPVFR Act) | Protects plant breeders’ rights |
Enforcement and Institutions in India
-
Controller General of Patents, Designs & Trade Marks (CGPDTM): Manages IP registration and administration.
-
Copyright Office and Copyright Board: Handle copyrights.
-
GI Registry (Chennai): Administers geographical indication applications.
-
National IPR Policy (2016): Aims to promote innovation, awareness, IP generation and legal clarity.
International Protection & Limitations
-
IPRs are territorial: They are enforceable only in the country where protection is granted.
-
No automatic global IPR exists.
-
For international protection, rights must be registered in each country or under international treaties like the Madrid Protocol (for trademarks) or PCT (for patents).
Notable IPR-Related Cases Involving India
-
Basmati Rice Patent (USA) – Patent granted to Ricetec was contested and limited after Indian objection.
-
Turmeric Patent (USA) – University of Mississippi’s patent on wound-healing use revoked after Indian challenge.
-
Neem Patent (Europe) – EPO revoked patent on neem extracts after CSIR intervention.
India has developed a comprehensive legal framework for IPRs aligned with international norms. As a member of key global IPR treaties (WIPO, WTO-TRIPS, PCT, Madrid), India balances innovation protection, traditional knowledge preservation, and public access. Continued global collaboration, capacity-building, and digital tools like TKDL are critical to safeguard India’s intellectual and cultural wealth.
UPOV Convention and India’s Position
The UPOV Convention (1961) is an international treaty that provides intellectual property rights for plant breeders to encourage the development of new plant varieties. It is administered by the International Union for the Protection of New Varieties of Plants (UPOV).
India is not a member of the UPOV Convention. Instead, it follows a sui generis system under the Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001, which uniquely balances breeders’ rights with farmers’ rights—a major difference from the UPOV framework.