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Summary
Science and Technology Class 16

A BRIEF OVERVIEW OF THE PREVIOUS CLASS (05:10 PM)

INTELLECTUAL PROPERTY RIGHTS (05:11 PM)

  • Intellectual property rights
  • These are rights given to a person over the creations of their mind. They usually give the creator an exclusive right over the use of creation for a certain period of time. 

PATENTS 

  • A patent is granted for an invention which is a new product or process that meets the conditions of Novelty, Non-obviousness, and industrial use.
  • Novelty means an inventive step that is advancement compared to existing knowledge. 
  • Non-obviousness means that invention is not obvious to a person with ordinary skill in the art. 
  • Industrial use means an invention is capable of being made or used in industry.
  • In India, they are governed by The Patent Act 1970  and they are given for 20 years.  
  • [* Why do patents need to be protected?- To protect innovation. ]
  • [* Why for 20 years?- Giving these rights for perpetuity further disincentivizes innovation. Also, patents have social utility so they can not be given for perpetuity. After the expiry of the patent, generic medicines can be manufactured. ]
  • As per Indian patent law, the following things cannot be patented
  • 1) Inventions that are frivolous or contrary to well-established natural laws. For example- One can not achieve 100% efficiency. [* In Thermodynamics they are called PMM 1, PMM 2, and PMM 3 PMM1: A machine that produces works without energy input. PMM2: A machine that has 100% efficiency. PMM3: A machine that has no friction. These are impossible to create ]
  • 2) Inventions that can cause injury, a threat to public order, or immoral inventions. For example- One can not get a patent for gambling machines, or biochemical warfare techniques, and embryonic stem cells can not be patented. 
  • 3) Mere discovery of scientific principles. For example- Gravitational principles can not be patented, however, the technology based on the gravitational principles can be patented. Cloning can not be patented but Genetic editing can be patented. Phenomenon if superconductivity can not be patented however the material which shows superconductivity can be patented. 
  • 4) A mere admixture of substances which is just an aggregation of properties  A substance that has aggregated properties of its components without any new property can not be patented.  
  • 5) Method of agriculture or Horticulture
  • 6) Plants and animals other than microorganisms- Whatever already exists in nature can not be patented. 
  • 7) Traditional knowledge already in the public domain. For example- Turmeric's healing properties are not a novelty and thus can not be patented. Similarly, Neem has anti-fungal properties and this was available as traditional knowledge so it can not be patented. 
  • 8) Inventions related to atomic energy. 
  • [* Patent Pool
  • It is an agreement between two or more patent holders for sharing their intellectual property rights. It is often made for complex technologies which necessitate complementary patents. It is an efficient tool to bring together new technologies, it ensures innovation and sharing of knowledge.
  • However, there can be a downside as patent polling can become anti-competitive in nature and can promote cartelization]

COPYRIGHTS (05:55 PM)

  • It is a right given by law to the creators of literary, dramatic, musical, and artistic work and producers of films and sound recordings. 
  • This right allows the rights of reproduction, communication to the public, and translation of the work. 
  • It is governed by Copyright Act 1957 in India.
  • Duration is life + 60 years for literary, musical, and artistic works and 60 years from the date of publication for cinema, sound recording, and photography.  
  • Case study- Delhi high court case on photocopy, Torrent case- if the use is personal and not for commercial distribution then it is not a violation. 

TRADEMARK (06:07 PM)

  • A trademark means a mark capable of being represented graphically and distinguishing the goods or services of one undertaking from another. It can be a brand, device, sign, letter, number, picture, combination of colors, or any combination thereof. 
  • It is given for 10 years, however, can be extended indefinitely. 
  • They are given for 10 years and governed by the Trademarks Act 1999.

INDUSTRIAL DESIGN (06:11 PM)

  • It means features of shapes, configuration, and composition of color applied to any article in 2D or 3D which in the finished article appeal to or are judged solely by the eye. [* Aesthetic purpose]
  • Design protection is available for 10 years extendable by 5 years. In India, it is governed by Designs Act 2000. 

GEOGRAPHICAL INDICATION (GI) (06:17 PM)

  • It is a sign used on agricultural, natural, or manufactured goods originating in a particular region of a country. It denotes the origin to which a specific quality characteristic is attributable. 
  • In India, it is governed by The geographical Indication of Goods (Registration and Protection) Act 1999 [GI Act]
  • It is given for 10 years and can be renewed indefinitely. 
  • Question- Highlighting the benefits of GI tags discuss the issues in harnessing the potential commercial benefits of GI in India. (10 marks/ 150 words). 
  • Approach:- Benefits- Generate employment, Tourism, and Culture connect, Beneficial for the region, and the Local economy will benefit. 
  • Challenges in harnessing the potential- Authenticity, Quality control, Marketing & advertisement, Branding of the product, Supply chain management issues, Middlemen need to be removed, and Conflict between the regions. 

TRADE SECRETS (06:32 PM)

  • Trade secrets are confidential information that provides a company competitive advantage. It can be an invention, idea, experimental results, recipe, financial strategy, etc.
  • Because they do not require registration, theoretically the protection is available for an unlimited duration. Trade secrets can be preferred in the following cases. 
  • a) When the invention is not patentable
  • b) Patent protection is limited to 20 years. Secrets can be kept beyond that period
  • c) When it is difficult to reverse engineered. 
  • In India there is no dedicated law for trade secrets nonetheless judiciary has used other laws such as the Indian Contract Act of 1872 for trade secrets. 

PLANT VARIETY PROTECTION (06:59 PM)

  • It refers to the protection granted for plant varieties to encourage the development of new varieties of plants. 
  • It can be given to farmers, Breeders, and agricultural institutes. The period of protection is 15 years for annual crops and 18 years for trees. 
  • This protection is available for plant breeders and farmers. It is governed by the Protection of plant varieties and farmers rights Act 2001 [PPV&FR]
  • Pepsico Case- PepsiCo India filed legal cases against nine farmers for growing and selling the FC5 potato variety over which it claimed it had exclusive rights under section 28 of the Protection of Plant Varieties and Farmers Right Act 2001 (PPVFR). In the Protection of Plant Varieties and Farmers’ Rights Act, seeds are not considered as patents. However, it is considered a sui generis right for the farmers. In India, bio-materials are not allowed to be patented

SEMICONDUCTOR INTEGRATED CIRCUIT LAYOUT (07:02 PM) 

  • Original and new designs of semiconductor integrated circuits are given protection for 10 years. 
  • The protection is granted for 10 years under the Semiconductors and integrated layout design Act 2000. 

TRIPS- TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS (07:08 PM)

  • It is an international agreement administered by WTO that sets down minimum standards for IP regulation for WTO member nations. In case of conflicts, WTO can act as an arbitrator. 
  • This agreement also provides a degree of flexibility for developing nations to accommodate their intellectual property system and developmental requirements. For example- TRIPS provides for compulsory licensing which is part of section 84 of the Patent Act   
  • This empowers the government to allow the manufacture of a patented product without the prior permission of the patent holder in the larger public interest
  • For Example- The government allowed the Indian company Natcopharma in 2012 for a drug Nexavar whose patent belonged to a company named Bayer
  • Question- What is compulsory licensing? Do you think it goes against the spirit of innovation? Critically examine.  

WIPO (07:24 PM)

  • It is a specialized agency of the United Nations created in 1967 with the objective of promoting intellectual activity and facilitating the transfer of technology. 
  • Marrakech treaty- it creates an exception to domestic copyright laws where organizations facilitating published work for the visually impaired do not require the permission of copyright holders. 
  • India was the first country to ratify this treaty. 
  • Berne convention - It is an international agreement governing copyrights for literary and artistic works. 
  • Paris Convention- International agreement for the protection of industrial property 
  • Global innovation index- It ranks the innovation performance of about 130 countries based on 82 indicators. It is published by WIPO in collaboration with Cornell University and INSEAD. India is ranked 40th position out of 132 in the Global Innovation Index (GII) 2022. 

IPR RELATED ISSUES (07:33 PM)

  • Developed nations such as the USA are a critique of India's IPR regime. For example, US Trade Representatives (USTR) releases a report called "Special 301 Report" where India is kept under a priority watch list. The following are the reasons- 
  • a) Trademark violations are rampant.
  • b) Copyright laws do not promote commercialization.
  • c) There are delays in the administrative management of IPR.
  • d) India does not have dedicated trade secrets laws.
  • e) India is considered as one of the top 10 origins of fake goods. 
  • f) India continues to apply restrictive patentability criteria, especially for Pharma patents. 
  • Evergreening of patents-
  • Evergreening of patents means making minor changes and claiming as Novelty for Re-patent. This is adopted by many pharma companies. 
  • It means pharma companies filing for re-patent with minor improvements which can not be considered a novelty. 
  • Section 3(d) of the Indian Patent Act does not allow the evergreening of patents
  • For example- In 2013 SC rejected the patent of Novartis Drug Glivec. 
  • For example- Recently India rejected the patent of the medicine Bedaquiline, a life-saving TB medicine on the account of evergreening. 
  • Patent waiver
  • It signifies the transfer of technology by the patent holder to any third party who has the capability to scale up production without any fear of legal repercussions in the future. For example- India and South Africa demanded a patent waiver for Covid 19 vaccines. 
  • Patent waiver can also include manufacture by any third party with reverse engineering capability without fear of legal repercussions. 

The Topic for the next class:- Contribution of Indians in Science and Technology.