Professional Documents
Culture Documents
SESSION: 2022-23
SUBMITTED BY:-
SARTHAK SOLANKI
LLM (IPR) 1 YEAR
ENROLL NUMBER-20220231
INDEX
1. ACKNOWLEDGEMENT
2. INTRODUCTION
3. INTERNATIONAL FRAMEWORKS
4. ADVANCEMENTS
5. CONCLUSION
ACKNOWLEDGEMENT
The success and final outcome of this project required a lot of guidance and assistance from
many people and I am extremely privileged to have got this all along the completion of my
project.
Working on this topic was a very knowledgeable experience and we owe our deep thanks to sir
for allowing us to work on this interesting topic.
At the end I would like to express my deep and sincere gratitude to the above mentioned whose
guidance, encouragement and constructive criticism have contributed immensely to the evolution
of our ideas
INRODUCTION
1 INTRODUCTION
Intellectual Property, though cannot be confined into definite words, means
the intangible asset created by the mental efforts of a person. The ‘expression
of the ideas’ becomes necessary to avail protection. The monopolistic right of
usage granted to the IP holder acts as a reward for the manifestation of his
intellectual.
Patents
o protects an invention as well as the process of obtaining
the invention as a result of original thought. TRIPS mandated
a minimum 20-year protection.
Copyrights
o Protects the Artistic/Literary original expressions by
individuals of their intellect. The work must be a creative
expression. Berne Convention grants a lifetime protection and
additional 50 years.
Related Rights/ neighbouring Rights of Broadcasting & Performances
oTo protect the investment, effort and creativity of the people
other than the creator when bringing the work to the public.
Trademarks
o Acts as a tool of communication used by the producers of an
article and is the identification source used by customers to
associate the good and its quality to a brand. They should be
distinctive and not-deceptive.
Industrial design
oRelates to the ‘new and original’ appearance of the articles
and encourage creativity.
Geographical Indicators
o Help to associate the products and not services from
their source of origin (geographical region). Human factors
and quality of the good is attributable to the particular region.
Plant variety
o protects the new plant varieties as well as the skill and
investments involved in breeding them.
Unfair Competition & Trade Secrets
o protects the consumers against misleading and confusing
tactics used by companies when referring to their competitors
for boosting sales. It also includes advertising techniques used
to derogate a competitor’s IP.
o Traditional Knowledge, Traditional Cultural Expression and
Genetic Resource
In furtherance of Article 31 of the UN
Declaration, and Doha Declaration, the rights of
people in this field were recognized. They should not
maintain and develop IP over culture and trade. On
the contrary, efforts should be made to preserve and
promote the culture that fosters in the ancient
history of each country.
Intellectual property in a nutshell means certain exclusive rights granted to
the originator of a unique thing also known as ‘Intellectual capital’. According to
the economic philosophy, the grants to individuals act as an encouragement for
the laborious hours they put in as well as acts as a motivator for them to work
for the public welfare. This is in furtherance of Locke’s labour theory of
property, Nordhaus’s theory of incentive, and Mill’s theory of reward, it is
collectively established that the State has a duty to enforce the rights of the
individual and respect their efforts by all possible means.
The common categorisation of IP that is followed across the globe along with
their governing regulations are as follows:
1. Copyrights
a. Berne Convention (1886): This is one of the oldest convention
governing the copyright protection. It lays down the minimum
standards for protection of copyrights that need to be followed by each
member country. The latest version of this Convention in 1971 bars the
discrimination of foreign works and promotes national treatment of
the applicants in all the member nations.
b. TRIPS Agreement (1994): As a result of the Uruguay round table
conference, the WTO incorporated the TRIPS Agreement. It consisted
of the compliance of the Berne Convention as well as incorporated the
advanced intellectual works like computer program within the ambit
of copyrights. It further excludes the moral rights as adopted in Article
6(b) of the Berne Convention.
c. WIPO Copyright Treaty (1996): It recognized the transmission of
works via the digital platforms including Internet or databases and
provides for their protection thereof.
d. Marrakesh Treaty (2013): this latest regulation, pays great emphasis
to the limitations and possible exceptions that should be given from
various copyrights such as reproduction of a work for the blind. It also
facilitates the cross border exchanges of works.
Copyrights are closely linked to the Related or Neighbouring Rights. Laws that
cater to these rights are:
1.
a. Trademark Law Treaty (1994): standardises the national and
regional Trademarks registration and
facilitates multijurisdictional registration of the
trademarks.
b. Singapore Treaty of Law of Trademark (2006): Administered
by WIPO, it recognises the recent developments
like holograms under the ambit of trademark law.
c. WIPO- Madrid System- this governs the registration of marks
in more than 100 countries.
d. Multijurisdictional Registrations
i. European Union IP Office (EUIPO, 1994) : All
European Union Countries can register hassle free.
ii. Benelux Office of IP (BOIP, 2005): Belgium,
Netherlands, Luxembourg nationals can avail this
advantage.
iii. African IP Organization (OAPI, 1977): 17 African
Member States can file for the trademark in the
office.
3. Geographical Indications (GI) & Appellations of Origin
5. Patents
3 ADVANCEMENTS
Development, as described by The World Bank means to “improve the quality of
life… better education, higher standards of health and nutrition, less poverty, a
cleaner environment, more equality of opportunity, greater individual freedom,
and a richer cultural life.“
To conclude, the International Domain provides for all possible types of IP. They
are ever evolving and incorporate new developments on a regular basis. For
instance: inclusion of transfer via the internet, computer programming,
translations, provisions for specially abled (blind) as well as providing
multijurisdictional protection by member states. Thus, the national laws should
further on the guidelines provided by the Global Organizations to ensure a
streamlined procedure for registration and enforcement of rights.
The Indian courts have started granting interim injunctions in matter that are
sensitive in nature and have also incorporated the ‘National Intellectual Property
Rights Policy’. Furthermore, as evident in the case of Tata Sons & Yahoo
Inc, Courts have been rather proactive in the field of trademarks protection.
India also recognizes the trans-border reputation as highlighted in the Whirlpool
Case.
Pursuant to the Madrid Protocol, India inserted Chapter IVA and now can
register their trademarks in 97 other countries. The 1957 Indian Copyright Act
(along with the Amendment of 1999) encompasses the ideology of the Berne
Convention, Rome Convention and Geneva Convention, thus, India is bound to
provide ‘national treatment’ to the foreign national as well.
We live in a world that constantly evolves as every second passes by. In terms
of technology, the research does not pause at any instant. All Multinationals and
technology giants have invested huge amounts in R&D departments, that work
to increase the efficiency of the production and thereby the returns on
investments made. IP aims at ensuring ease of doing commercial business at
lower costs.
To conclude, India, being a country with huge population and great skill, shall
work for the benefit of the world at large like the IIT Ropar’s Stubble removal
machine. According to Dubillier Condenser Case, innovations should utilize the
natural laws for some beneficial purpose in any form. India should focus on
improving the quality of life and health of people as well as various fields like
environment and healthcare. For instance, Patents related to solar photovoltaic
energy have already been granted in abundance in US and Japan.
These two nations play a significant role in the bio-mass to electricity, solar
power, coal fields, carbon storage fields. India should also step into this
sector. Samsung’s Surgical Robots (2015) Invented by Kyung Won Moon and
Tae Sin Ha, Samsung’s electronic surgeon would possess greater mobility and
articulation than pre-existing robots. This is an important step in the field of
healthcare. Microsoft’s Data Reef: An Environmentally-Conscious Underwater
Data Center (2016) plans on taking their data centers underwater, for an
artificial reef. The same will improve their work as well as the environment.
Thus, firms and individuals across the globe should work for the improvement of
the living standards of people rather than focus on their personal gains.