INTELLECTUAL PROPERTY INDEX 2018
Why in news?
- Recently, Global Innovation Policy Centre (GIPC) of US Chambers of Commerce had released the International Intellectual Property Index (IIPI).
What is Intellectual Property Rights (IPR)?
- Intellectual Property refers to creation of mind such as inventions, literary and artistic works and symbols, names and images used in commerce.
- IPR are the rights which allow creators of patents, trademarks or copyrighted work to benefit them for their own work or investment. These rights have been outlined in Article 27 of Universal Declaration of Human Rights.
- The importance of IPR was first recognized in the Paris Convention for the protection of Industrial Property (1883) and Berne Convention for the
- Protection of Literary and Artistic Works (1886) (both administered by WIPO).
National Intellectual Rights Policy
- It is a vision document which aims to create and exploit synergies between all form of intellectual property, concerned statuses and agencies. Main objectives of the policy are –
- IPR Awareness and outreach
- Stimulate the generation of IPR
- Strong legal and legislative framework
- Modernize and strengthen service-oriented IPR Administration
- Commercialisation of IPR
- Enforcement and Adjustment for combating IPR adjustment
- Human Capital Development for teaching, training, research and skill building in IPRs. CIPAM, a professional body created under DIPP has been entrusted with the implementation of the National IPR Policy 2016.
About the Index
- It is an annual Index which examines a country’s Intellectual Property (IP)framework
across eight categories of indicators –
- patents, copyrights, trademarks, trade secrets and market access, enforcement, commercialisation of IP assets, systemic efficiencies and ratification of international treaties.
Highlights of the IIPI 2018
- USA topped the list followed by UK and Sweden.
- India has been ranked 44 out of 50 countries up from 43 out of 45 in 5th edition.
- Steps taken by Government to improve the Intellectual Property Rights ecosystem
- A comprehensive National IPR policy has been put in place. (please refer to the box)
- Integrated approach and synergy had been adopted through transferring various IP offices and Acts under DIPP and also merging Copyrights Board with Intellectual Property Appellate Board.
- Cell for IPR Promotion and Management has also been established for assisting in simplifying and streamlining of IP processes as well as creating IPR awareness, commercialization and enforcement.
- A Scheme for facilitating Start-up Intellectual
- Property Protection (SIPP) has been launched for encouraging innovation and creativity of Start-Ups.
- India has also become the 90th member of Madrid Protocol.
- It is an international treaty that allows a trademark owner to seek registration in any of the countries that have joined Madrid Protocol by filing a single application.
- International Bureau of the World Intellectual Property Organisation administers the international registration system.
- The Department of Industrial Policy and Promotion (DIPP) has inked agreement with Punjab State Council of Science and Technology to establish India’s first TISC
(Technology and Innovation Support Center).
- TISC is WIPO’s (World Intellectual Property Organisations) program that provides innovators in developing countries with access to locally based, high quality technology information and related services.
- The program will help innovators to fully exploit their creative potential and also protect their Intellectual Property Rights (IPRs).
- CIPAM (Cell for IPR Promotion and Management) has been designated as the national focal point for the TISC network.
- Scheme for IPR Awareness –Creative India; Innovative India has been launched by CIPAM to raise IPR awareness across India
- CIPAM has also launched IPrism, an Intellectual Property Competition for college and university students to foster a culture of innovation and creativity.
- WIPO is the global forum for intellectual property services, policy, information and cooperation.
- It a specialized a self-funding agency of the United Nations, with 189 member states.
- It was established in 1967 and is headquartered in Geneva, Switzerland.
8.2. GEOGRAPHICAL INDICATION
Why in news?
- Recently, Geographical Indication (GI) registry granted GI tag to:
About the Nilambur Teak
- It is also known as Malabar teak and the
Mecca of Teak.
- It is the first forest produce to get GI tag. o It is known for its durability, earth colour and larger size.
- It exhibits high resistance to fungal decay
and shows antioxidant properties
- making it ideal for usage in construction purposes like Buckingham Palace, the Kabba building in Mecca, the Titanic etc.
- It is also known for hydrophobicity and its oily nature.
- Teak also has the highest capacity for carbon sequestration among trees in India.
- About the Gobindobhog rice
- A speciality from Burdwan district of West Bengal.
- It is cultivated late and therefore not much affected by rains.
- It is less prone to pests as well.
- The productivity per area is high and farmers get better prices for of this variety
|GI Tag for other Rice variety in India:
• Kalanamak Rice: Uttar Pradesh
Basmati rice: Punjab, Haryana, Himachal Pradesh
and Uttarakhand and parts of Uttar Pradesh and
Jammu & Kashmir
Ambemohar Rice: Maharashtra
• Palakkadan Matta Rice, Navara rice, Pokkali Rice,
Wayanad Jeerakasala Rice,
Gandhakasala Rice, Kaipad Rice: Kerala
Other GI product from WEST Bengal
Darjeeling Tea, Santiniketan Leather Goods, Laxman
Bhog Mango, Fazli Mango, Himsagar (Khirsapati
Mango), Santipore Saree, Baluchari Saree, Dhaniakhali
Saree, Joynagarer Moa, Bardhman Sitabhog and
|||Geographical Indications of Goods (Registration and
Protection) Act, 1999
• As a member of the World Trade Organization (WTO), India enacted the Act to comply with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
• GI is covered as element of intellectual property rights (IPRs) under Paris Convention for Protection of Industrial Property.
• The Act is administered by the Controller General of Patents, Designs and
Trade Marks, who is also the Registrar of Geographical Indications.
How are GI protected
• Sui Generis Systems (i.e. special protection)
• Using Collective Or Certification;
- Methods focusing on business practices, including administrative product approval schemes.
What is GI tag?
- It is an indication that is definite to a specific geographical territory. It is used for agricultural, natural and manufactured goods having special quality and established reputation.
- For a product to get the tag, it needs to be produced or processed or prepared in that region.
- The registration of a GI is valid for 10 years after which it needs to be renewed.
- GIs support local production and are an
- important economic tool for the uplift of rural and tribal communities.
- GI is a collective right. Producers can use the collective GI mark to commercially exploit the products.
- Geographical Indicators in India are governed by “The Geographical Indications of Goods (Registration & Protection) Act, 1999”.
Types of IPR (apart from Geographical Indications)
- A patent is granted for an invention which is a new product or process that meets conditions of novelty, non-obviousness and industrial use.
- Novelty means inventive step is the feature(s) of the invention that involves technical advance as compared to existing knowledge.
- Non-obviousness means the invention is not obvious to a person skilled in the art.
- Industrial use means that the invention is capable of being made or used in an industry.
- Patents in India are governed by “The patent Act 1970” which was amended in 2005 to make it compliant with TRIPS.
- Copyright is a right given by the law to creators of literary, dramatic, musical and artistic works and producers of cinematograph films and sound recordings.
- This right allows its creator the rights of reproduction, communication to the public, adaptation and translation of the work.
- Copyrights in India are governed by “The Copyright Act, 1957”.
- It refers to graphical representation of goods or services to make it distinguishable from the others
- It can be words, symbols, sound, colours, shape of goods, graphics representation or packaging etc.
- They are governed under Trademarks Act, 1999 (amended in 2010) under aegis of DIPP
- The ‘fair usage’ of certain trademarks for the purpose of education, research etc. is not available under the Trademarks Act. Therefore the third party is required to seek permission from the owner every time.
- An industrial design consists of the creation of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form containing aesthetic value.
- An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft.
- Designs in India are governed by “The
Designs Act 2000”.
Plant Variety Protection
- It refers to the protection granted for plant varieties. These rights are given to the farmers and plant breeders to encourage the development of new varieties of plants.
- Plant variety protection in India is governed by “The Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001”.
- NOTE: Stone sculptures of Mamallapuram, and pur Etikoppaka toys are covered in culture booklet