Intellectual Property Rights: IPR | UGC NET Library Information Science

 This topic is going to be very important for you because it is often asked in various competitive examinations. Trick is to remember the dates and "Chronology ko Samjhein" :^)

IPR: Intellectual Property Rights Library and Information Science Notes

 

Below are the acts that deal with the protection of intellectual property:

1. The Copyright Act 1957: 

The Act preserves the right of artistic endeavors which includes painting, sculpting, drawing, engraving, photography, artistic craftsmanship, dramatic work, literary work, musical work, sound recording, and cinematography.

• Act is applicable from 21 January 1958. 
• The earliest law of copyright is Indian Copyright Act, 1847  was enacted by the British for the enforcement of rules of English copyright in India. 
• After it, by Copyright Act 1911, this law was repealed, replaced and applied to all British colonies including India.
• Modified in 1914 as the Indian Copyright Act, 1914. 
• Replaced by Copyright Act, 1957 by the parliament of sovereign India.
• Further Amendments: 1983, 1984, 1992, 1994, 1999, 2012.

Fair Dealing: under Article 13, Section 52 of the Copyright Act,1957: 

• Private use or research,
• For criticism and review,
• For reporting of current events or issues including lectures in public,
• Broadcasting in cinematographic films or by posting photographs,
•  Judicial proceeding,
• For reading and recitation of any literary or dramatic work in the public domain.

Copyright is usually granted for 60 years, even after the death of publisher. 

2. The Patents Act, 1970:

A patent is an exclusive right given for an invention. 

• Act VI of 1856 on protection of inventions based on the British Patent Law of 1852.
• 'Exclusive privileges' was introduced in 1 859
•  It was renamed as “The Patterns and Designs Protection Act” under Act XIII of 1872.
• The Indian Patents and Designs Act, 1911, (Act II of 1911) replaced all the previous Acts.
• The Patents Act, 1970 was passed. This Act repealed and replaced the 1911 Act so far as the patents law was concerned. However, the 1911 Act continued to be applicable to designs.

3. Trade Marks Act, 1999

A trademark is a special symbol or term that is used to identify a company or its goods.

• The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules made thereunder.

4. The Geographical Indication of Goods (Registration and Protection) Act, 1999

Indian Geographical Indications (GI) are given legal protection, which increases exports. It encourages the economic success of those who manufacture items inside a specific geographic area.

• India, as a member of the World Trade Organization (WTO), enacted the Geographical Indications of Goods (Registration & Protection)Act, 1999 has come into force with effect from 15th September 2003.
• Examples: Darjeeling tea, Malabar pepper, Bangalore Blue grapes, Kanchipuram silk sari, Solapuri chaddars, Bagh prints, and Madhubani paintings, Kashmir Saffron etc. 

5. The Designs Act, 2000

• The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911.
• was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014.
• Last amended in 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
• ISO 9001:2008 certified.

6. The Information Technology Act, 2000

• Enacted by the Indian Parliament in 2000.
• Bill signed by the then President, RK Narayan. 

Categories of IPR:

Copyright: Protects original works of authorship, such as literary, dramatic, musical, and artistic works.

Patents: Protects inventions by granting the patent holder exclusive rights to use, make, sell, and license the invention.

Trademarks: Protects brand names, slogans, and logos that distinguish goods or services.

Trade Secrets: Protects confidential business information that provides a competitive edge.

Geographical Indications (GI): Protects products with a specific geographical origin and qualities, such as Darjeeling tea.

Industrial Designs: Protects the visual design of objects that are not purely utilitarian.

Key International Conventions and Treaties:

Conventions and International Frameworks Related to IPR

1. Paris Convention for the Protection of Industrial Property (1883)

• First major international treaty for protecting industrial property like patents, trademarks, industrial designs, and geographical indications.
• Established principles such as National Treatment, Right of Priority, and Independence of Patents.
• Came into force in 1884.
• Currently administered by WIPO.
• India became a member in 1998.

2. Berne Convention for the Protection of Literary and Artistic Works (1886)

• Protects the rights of authors over their literary, musical, and artistic works.
• Introduced the principle of automatic protection without the need for registration.
• Came into force in 1887.
• Now administered by WIPO.
• India joined in 1928.

3. Madrid Agreement (1891) & Madrid Protocol (1989)

• Facilitates the international registration of trademarks.
• Madrid Agreement was less popular; the Protocol (1989) expanded flexibility.
• Now jointly known as the Madrid System, administered by WIPO.
• India joined the Madrid Protocol in 2013.

4. Universal Copyright Convention (UCC) (1952)

• Adopted under UNESCO as an alternative to the Berne Convention, especially for countries not willing to adopt Berne at the time.
• Recognized internationally until the Berne Convention became widely accepted.
• India is a member.
• Became less relevant after the USA joined the Berne Convention in 1989.

5. WIPO (World Intellectual Property Organization) (1967)

• Established by the WIPO Convention in 1967.
• Became a specialized agency of the United Nations in 1974.
• Administers major IPR treaties like the Paris, Berne, PCT, Madrid, and others.
• Promotes the protection of intellectual property globally.
• India joined in 1975.
• Headquarters: Geneva, Switzerland.

6. Vienna Agreement (1973)

• Provides a systematic classification for figurative elements (logos/symbols) used in trademarks.
• Used for international trademark classification and searching.
• Came into force in 1985.
• Administered by WIPO.

7. Patent Cooperation Treaty (PCT) (1970)

• Adopted in 1970, came into force in 1978.
• Allows inventors to file a single international patent application which is recognized by over 150 countries.
• Simplifies the patent process globally.
• Administered by WIPO.
• India joined in 1998.

8. Budapest Treaty (1977)

• Allows a single deposit of microorganisms for the purposes of patent procedures in all contracting states.
• Important in fields like biotechnology and pharmaceuticals.
• Came into force in 1980.
• Administered by WIPO.
• India joined in 2001.

9. TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement (1994)

• Signed under the framework of the World Trade Organization (WTO) in 1994.
• Came into force in 1995.
• Sets minimum standards for IP protection across all WTO member countries.
• Covers copyright, patents, trademarks, industrial designs, trade secrets, and geographical indications.
• India amended its Patents Act in 2005 to comply with TRIPS (notably allowing product patents).

10. Digital Millennium Copyright Act (DMCA) (1998, USA)

• A US law enacted in 1998 to implement the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT).
• Focused on protecting copyrights in the digital environment, especially online.
• Introduced anti-circumvention measures and safe harbor provisions for internet service providers.
• While it is US-specific, its global influence is significant in shaping digital copyright enforcement, including takedown notices used worldwide.

11. WIPO Copyright Treaty (WCT) & WIPO Performances and Phonograms Treaty (WPPT) (1996)

• Known as WIPO Internet Treaties.
• Address digital rights management, and protection of works in online and digital formats.
• Came into force in 2002.
• India is a member of both.

12. Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (2013 A landmark treaty aimed at making copyrighted works accessible to visually impaired persons (VIPs).

• Allows authorized bodies to produce accessible formats like Braille, audio, and large print, without needing permission from copyright holders.
• Came into force in 2016.
• Administered by WIPO.
• India was the first country to ratify it, in 2014.
• Highly important in inclusive library services and accessibility rights.

Summary

Berne Convention (1886): Protects literary and artistic works, ensuring that authors' rights are respected internationally.

Paris Convention (1883): Protects industrial property, including patents, trademarks, and industrial designs.

TRIPS Agreement (1995): The Agreement on Trade-Related Aspects of Intellectual Property Rights, administered by the WTO, sets down minimum standards for many forms of intellectual property regulation.

WIPO (World Intellectual Property Organization) Treaties: Administers various international treaties related to IPR, including the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT).

National Laws (India):

The Copyright Act, 1957: Governs copyright protection in India, including amendments for digital rights.

The Patents Act, 1970: Protects inventions in India, with amendments to comply with TRIPS.

The Trademarks Act, 1999: Protects trademarks in India, including registration and enforcement.

The Designs Act, 2000: Protects industrial designs in India.

The Geographical Indications of Goods (Registration and Protection) Act, 1999: Protects geographical indications in India.

The Protection of Plant Varieties and Farmers' Rights Act, 2001: Provides protection to plant varieties and recognizes farmers' rights.

Important Dates and Persons:

WIPO Established (1967): An international organization aimed at promoting the protection of intellectual property worldwide.

TRIPS Agreement (1995): Brought intellectual property rules into the international trading system under the WTO.

Amendments in Indian IPR Laws (2005): Major amendments were made in the Patents Act to comply with TRIPS.