Geographical Indications in India

It came into force with effect from 15th September 2003. Darjeeling Tea was the first Indian
product to get a GI tag.

What Is GI Tag?

According to the World Intellectual Property Organization (WIPO), the geographical

indications tag is a type of label in which a product is given a special geographical identity. A
product whose characteristic or prestige depends mainly on natural and human factors will
get a GI Tag.
A geographical indication (GI) tag is a sign used on products that originate/come from a
specific geographical location. These products possess qualities or a reputation that are due to
that origin. The products can be both natural and man-made.
• Using GI tags can be regarded as a method of provisioning certification for a particular
product that has been produced following the traditional methods, displays unique qualities,
and/or has gained a distinct reputation owing to its place of geographical origin.
• Geographical indications are used for a variety of products like wine/spirit drinks,
handicrafts, agricultural produce, industrial products, etc.
• For a product to function with a GI, a sign must be there on it to ensure its identification. No
one other than the registered and authorised users is to use the product’s name.

How many GI tags are there in India?

There Are Total 478 GI Tags Till April 2023.

Who give GI tag in India?

Geographical Indications of Goods (Registration and Protection) Act,1999 tag is issued by
the Geographical Indication Registry under the Department of Industry Promotion and
Internal Trade, Ministry of Commerce and Industry.

Which 5 states have maximum GI tags?

 Tamil Nadu (57)
 Karnataka (50)
 Uttar Pradesh (50)
 Kerala (43)
 Maharashtra (34)
 West Bengal (22)
 Telangana (17)

Regulation GI Tags:

Geographical Indication tags are a part of the Intellectual Property Rights (IPRs) as guided by
the Paris Convention for the Protection of Industrial Property. Owing to the origin of GIs,
they are regulated on different levels;
• On an international level, GI tags are overseen by the World Trade Organisation’s
agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
• On a domestic level, GI tags and their registrations are administered under the Geographical
Indications of Goods (Registration and Protection) Act, 1999 which came into effect on the
15th of September 2003.
• It was the product from West Bengal, Darjeeling Tea that was accorded with the first GI tag
in India in the year 2004-05.

Significance of GI Tags:

GI tags, simply put, identify those who have the right to use the said product’s marketability.
It prohibits its usage by a third party whose products do not meet the standards of the product.
For instance, producers of Kashmiri Saffron are to omit the term ‘Kashmiri’ if they fail to
follow the set standards for the saffron grown on their plantation. However, a protected GI
does not give the holder exclusive rights to the product’s manufacturing and its process.
People are free to follow the same approaches as set out by the code of standards. A GI tag
gives rights over the sign that constitutes the indication. The significance of GI tags is great
within the contexts of rural and national development. GI tags are usually for locally
produced traditional products, manufactured by local communities for generations that, over
time, grew in eminence and reputation owing to their precise qualities. GI tags provide the
much-needed recognition and protection to these products and the communities attached to
them so that they continue to devote the time and energy towards the preservation of their
quality and name.

Some of the observed rural development impacts of GI are:

• The supply chain is structured around a common product reputation

• Increased and stabilized prices for the GI product
• Distributed through all the levels of the supply chain adds value
• Natural resources can be preserved on which the product is based
• Preservation of traditions and traditional expertise
• Tourism can be boosted

Benefits of GI Tags:

GI tags have great significance, as discussed above. However, they are also capable of
extending greater benefits to its authorised users, like;
• They extend legal protection to the products
• They prevent unauthorised use of GI tag products
• They help consumers to get quality products of desired traits
• They assure customers of a product’s authenticity
• They promote the economic prosperity of producers of GI tag goods by enhancing their
demand on a national and an international front.

Protection of GI Tags:
A wide roster of approaches ensures the protection and preservation of GI tags in different
national and regional systems. These approaches can be consolidated with one another to do
their job. Three major ways to protect a geographical indication are;
• Special regimes of protection (sui generis systems)
• Collective/certification marks
• Techniques like the administrative product and approval schemes for concentrating on
business practices.
Over time, these approaches have developed in accordance with varying legal practices and
with the different historical and economic circumstances in mind.
 Intellectual Property Acts in India

Main IP Laws:
1. The Patents Act, 1970 (1970)
 Date of Enactment: September 19, 1970
 Date of Coming into force: April 20, 1972 (Patent Rules, 1972)
 This Law repealed and replaced the Patents and Designs Act of 1911, which
was enacted by the British government of India.
 Amended three times 1999, 2002, 2005
 Amended ordinance passed on 1994
2. Protection of Plant Varieties and Farmers' Rights Act, 2001 (2001)
 Passed on 30th October, 2001
 PPV & FR Rules verified on 12th September, 2003
 PPV & FR Authority established on 11th November, 2005
 Launching of registration of plant varieties done on 20th February, 2007 and
the process started on 21st May, 2007
 National Gene Bank Authority established in 2007
 National Register on Plant Varieties was opened in 2008 and also the first
certificate issued in the same year.
 22 Agro Biodiversity hotspots identified in 2008
Agro-Biodiversity in India
What is Agro-biodiversity?

Agro-biodiversity is the result of the interaction between the environment, genetic resources
and management systems and practices used by culturally diverse people.
 It comprises the diversity of genetic resources (varieties, breeds) and species used for
food, fodder, fibre, fuel and pharmaceuticals.
 It also includes the diversity of non-harvested species that support production (soil
microorganisms, predators, pollinators), and those in the wider environment that support
agro-ecosystems (agricultural, pastoral, forest and aquatic) as well as the diversity of the
agro-ecosystems.

Benefits of Agro-biodiversity:

 Increases productivity, food security, and economic returns.

 Reduces the pressure of agriculture on fragile areas, forests and endangered species.
 Makes farming systems more stable, robust, and sustainable.
 Contributes to sound pest and disease management
 Conserves soil and increase natural soil fertility and health.
 Reduces dependency on external inputs.
 Improves human nutrition and provides sources of medicines and vitamins.
 Conserve ecosystem structure and stability of species diversity.

Significance of Agro-biodiversity for India:

India’s promising genetic resources include rice from Tamil Nadu (Konamani), Assam (Agni
bora) and Kerala (Pokkali), Bhalia Wheat and mushroom (Guchhi) from Himachal Pradesh
and rich farm animal native breeds — cattle (42), buffaloes (15), goat (34), sheep (43) and
chicken (19). Since, genetic diversity of crops, livestock and their wild relatives, are
fundamental to improve crop varieties and livestock breeds, this can help in the following
ways:
 In combating hunger: India is ranked 107 in the Global Hunger Index (GHI) out of
121 qualified countries.
o Hunger is defined by caloric deprivation; protein hunger; hidden hunger by the
deficiency of micronutrients.
 Malnutrition: Nearly 47 million or four out of 10 children in India do not meet their
potential because of chronic under nutrition or stunting.
o This leads to diminished learning capacity, increased chronic diseases and low
birth-weight infants from malnourished parents.
o The global nutrition report pegs 614 million women and more than half the
women in India aged 15-49 as being anaemic.
 Agro-biodiversity can help in nutrition-sensitive farming and bio-fortified foods.
o For instance, Moringa (drumstick) has micronutrients and sweet potato is rich in
Vitamin A. There are varieties of pearl millet and sorghum rich in iron and zinc.
 This will help India achieve UN Sustainable Development Goal 2 (Zero Hunger) and
the Aichi Biodiversity Target (focuses on countries conserving the genetic diversity of
plants, farm livestock and wild relatives).

Agro-biodiversity In India:

 Across the world, 37 sites are designated as Globally Important Agricultural

Heritage Systems (GIAHS), of which three are Indian — Kashmir (saffron), Koraput
(traditional agriculture) and Kuttanad (below sea-level farming).
 In India, over 811 cultivated plants and 902 of their wild relatives have been
documented.

Challenges to Agro-biodiversity:

 Loss of crop genetic resources due to adopting new crop varieties without conserving
traditional varieties. For example, BT cotton.
 Similarly, there are concerns on high output breeds for production of meat, milk and
eggs. Crossbreeding of foreign breeds with indigenous breeds leads to erosion of
genetically diverse pool.
 Out of 2,50,000 globally identified plant species, about 7,000 have historically been
used in human diets.
o Today, only 30 crops form the basis of the world’s agriculture and just three
species of maize, rice and wheat supply more than half the world’s daily calories.

Way Forward:

 There is a need for a comprehensive policy on ‘ecological agriculture’ to enhance

native pest and pollinator population providing ecosystem services for the agricultural
landscape.
 Bio-village concept: Ecologically sensitive farming can be done by conserving crop
wild relatives of cereals, millets, oilseeds, fibres, forages, fruits and nuts, vegetables,
spices etc. for crop genetic diversity healthier food.
 Providing incentives for farmers cultivating native varieties and those conserving
indigenous breeds of livestock and poultry varieties.
 Community seed banks should be encouraged in each agro-climatic zone.
 Developing a national level invasive alien species policy is required to identify
pathways, mapping and monitoring, managing, controlling and eradicating invasive
species.
 The consumption pattern and culinary diversity must be enlarged to increase India’s
food basket.

1. Cold Desert: Western Himalayas covering Ladakh and Kargil. Upper reaches of Lahual-
Spiti districts of Himachal Pradesh.
2. Western Himalayan: The agro-biodiversity hotspot area covers the districts of Srinagar,
Anantnag, Udhamput, Riasi, Kathu in Jammu & Kashmir, all the districts of Himachal
Pradesh except the cold arid region and all the districts of Uttarakhand.
3. Eastern Himalayan: The hotspot area includes all the districts of Arunachal Pradesh,
Sikkim and Darjeeling district of West Bengal.
4. Brahmaputra Valley: The hotspot area includes the following districts: Dhubri,
Kokrajhar, Bongaigaon, Bareta, Nalbari, Goalpara, Kamrup, Golaghat, Darrang,
Morigaon, Nagaon, Sonitpur, Jorhat, Lakhimpur, Sibsagar, Dibrugarh, Dhemaji and
Tinsukia.
5. Khasia-Jaintia-Garo Hills: The hotspot area includes all the seven districts, i.e. East
Garo Hills, West Garo Hills, South Garo Hills, East Khasi Hills, West Khasi Hills, Jaintia
Hills and Ri-Bhoi.
6. North-Eastern Hills: The hotspot area includes all the districts of Manipur, Mizoram,
Nagaland, Tripura and the adjoining Cachar and North Cachar districts of Assam.
7. Arid Western: The hotspots are comprises of the following districts of Rajasthan: Sikar,
Nagaur, Pali, Hanumangarh, Ganganagar, Jalore, Sirohi, Jodhpur, parts of Jaisalmer and
Bikaner, Udaipur, Dungarpur, Churu, and Jhunjhunun.
8. Malwa Plateau and Central Highlands: The hotspot area comprises the following
districts of Shadol; Raisen, Bhopal, Sehore, Shajapur, Indore, Ujjain, Mandasaur, Rajgarh
Hoshangabad, Narsinghpur, Jabalpur, Mandla, Umaria.
9. Kathiawar: The hotspot are includes the following districts of Gujarat: Ahemdabad,
Surendranagar, Jamnagar, Rajkot, Porbandar, Junagadh, Amreli, Bhavnagar, Bharuch,
Surat, Navsari, Valsad, Banaskantha and Anand.
10. Bundelkhand: The hotspot areas include the districts of Jhansi, Banda, Chitrakoot,
Hamirpur, Jalaun and Lalitpur in Uttar Pradesh and Damoha, Datia, Panna, Sagar,
Tikamagarh and Chattarpur in Madhya Pradesh.
11. Upper Gangetic Plains: The hotspot area includes the districts of Hardoi, Sitapur,
Barabanki, Lucknow, Unnao, Rae Bareilly, Kanpur, Kannuj of Central Uttar Pradesh and
the districts of Maharajganj, Sidharatnagar, Kushinagar, Deoaria, Sant Kabir Nagar,
Gorakhpur, Basti of North-Eastern Uttar Pradesh.
12. Lower Gangetic Plains: The hotspot area includes the districts of Paschim Champaran,
Purbi Champaran, Gopalganj, Siwan, Sitamarhi Muzaffarpur, Saran, Buxar, Bhojpur,
Patna, Rohatas, Jahanabad, Vaishali, Samastipur, Darbangha, Madhubani, Sitamarhi,
Sheohar in North Bihar.
13. Gangetic Delta: The Gangetic delta agrobiodiversity region broadly includes the deltaic
24-Parganas districts, but also the districts of Hoogly, Howrah, Nadia, Bardhaman,
Birbhum and Murshidabad which flank on both sides of the river Hoogly flowing into the
Bay of Bengal. The hotspot area are the districts of south 24 Parganas, North 24 Parganas,
Howrah, Hoogly, Nadia, Bardhaman, Birbhum and Murshidabad.
14. Chotanagpur: The Chotanagpur region constitutes south and eastern plateau of
Jharkhand and contiguous districts in Orissa. It is generally referred as Chotanagpur
 Plateau, which comprises all the districts of Jharkhand, Mayurbhanj and Sundargarh
districts of Orissa. The hotspot areas are the districts of Singhbhum, Gumla, Ranchi,
Lohardaga, Palamau and HazaribHag and Santhal Pargana in Jharkhand and Mayurbhanj
district in Orissa.
15. Bastar: The hotspot areas are the following districts: Bastar, Bilaspur, Durg, Jashpur,
Kabirdham, Kanker, Kirba, Koria, Mahasamund, Kondaigaon, and Rajnangoan.
16. Koraput: The Koraput agrobiodiversity region forms part of Northern Eastern Ghats in
southwestern Orissa and northeastern districts of Andhra Pradesh (Vizagapatnam,
Vijanagaram, Srikakulam). The hotspot area includes the districts of Malkangiri,
Sonabeda, Jeypore, Koraput, Nabrangpur, Kalahandi, Bolngir, Rauagada and districts of
north eastern Andhra Pradesh i.e. Srikakulam, Vijanagaram, Vizagapatnam.
17. Southern Eastern Ghats: The hotspots are the districts of Chittoor, Ananthapur,
Cuddapah, Kurnool in Andhra Pradesh and districts of Bellary, Raichur and Kolar in
Karnataka.
18. Kaveri: The hotspot area consists of the districts of Chengalput, South Arcot, North
Arcot, Thiuvannamalai, Tiruchirapalli, Pudukottai, Thiruarur, Vellore, Kanchipuram,
Dharmapuri, Salem, Namakkal, Karur and Dindigal.
19. Deccan: The hotspot are includes the districts of Jalna, Hingoli, Parbhani, Beed, Nanded,
Latur, Osmanabad, Solapur, Sangli, Gondia, Gadchiroli in Maharashtra and the districts
of Adilabad, Karimnagar, Warangal and Khamman in Andhra Pradesh and districts of
Bidar and Gulbarga in Karnataka.
20. Konkan: The hotspot area includes coastal districts of Thane, Raigad, Ratnagiri,
Sindhudurg and part of Sahyadri districts of Pune, Satara and Kolhapur of Maharashtra,
all the districts of Goa and uttar Kannda district of Karnataka.
21. Malabar: The hotspot areas are the districts of Kasargod, Kannur, Wayanad, Kozikode,
Malappuram, Palakkad, Thrissur, Idukki, Ernakulam, Alappuza, Kollam, Kottayam,
Pathanamthitta & Thiruvananthpuram in Kerala, Udhagamandalam (Nilgiri) and
Kanyakumari districts of Tamil Nadu and districts of Dakshin Kannada, Kodagu and
Udipi in Karnataka.
22. Islands: Andaman & Nicobar Islands and Lakshadweep

3. The Semiconductor Integrated Circuits Layout-Design Act, 2000 (2000)

 Date of Enactment: September 4, 2000
 Date of Coming into force: March 1, 2004
 Semiconductor Integrated Circuits Layout-Design Rules, 2001
4. The Designs Act, 2000 (2000)
 Date of Enactment: May 25, 2000
 Date of Coming into force: May 11, 2001
 This Act repeals the Designs Act of 1911, and thus contains all the existing
legislation on industrial designs in India.
 Designs Rules (2001)
5. The Geographical Indications of Goods (Registration and Protection) Act, 1999
(1999)
 Date of Enactment: December 30, 1999
 Date of Coming into force: September 15, 2003
 The Geographical Indications of Goods (Registration and Protection) Rules,
2002
6. The Trade Marks Act, 1999 (1999)
 Date of Enactment: December 30, 1999
 Date of Coming into force: September 15, 2003
  Replaced The Trade and Merchandise Marks Act (Act No. 43 of 1958)
 Trade Marks Rules, 2002
7. Copyright Act, 1957 (1999)
 Date of Enactment: June 4, 1957
 Date of Coming into force: January 21, 1958
 This Act has been amended six times since its enactment in 1957 (1983, 1984,
1992, 1994, 1999 & 2012) with the amendment of 1994 being the most
substantial).
 This Act repealed the Copyright Act of 1914, which was essentially the
extension of the British Copyright Act, 1911 to India.

IP-related Laws:

 The Cable Television Networks (Regulation) Act, 1995 (2002)

 Cable Television Networks (Regulation) Amendment Act, 2000 (2000)
 Cable Television Networks (Regulation) Amendment Act, 2002 (2002)
 The Cable Television Networks (Regulation) Amendment Act, 2007 (2007)
 The Code of Criminal Procedure, 1973 (2006)
 Biological Diversity Act (2002)
 Date of Enactment: December 11, 2002
 Date of Coming into force: February 5, 2003
 This Act was passed by the Lok Sabha (the lower house of Parliament) on
December 2, 2002 and by Rajya Sabha (the upper house of Parliament) on
December 11, 2002.
 Enforcement of IP and Related Laws, Genetic Resources, Traditional
Knowledge (TK) was its subject matter.
 Treaties/Conventions/Agreements: Cartagena Protocol (2000; enforced in
2003) and Nagoya Protocol (2010; enforced in 2014).
 The National Biodiversity Authority (NBA) was established in 2003 to
implement India’s Biological Diversity Act (2002). The NBA is a Statutory,
Autonomous Body and it performs facilitative, regulatory and advisory
function for the Government of India on issues of conservation, sustainable
use of biological resources and fair and equitable sharing of benefits arising
out of the use of biological resources.
The prominent functions of the NBA are:
 To facilitate and advise the Government of India on issues of
conservation, sustainable use of biological resources and fair, equitable
sharing of benefits of use arising out of the utilization of biological
resources.
 To assist the State Governments in the selection of areas of
biodiversity importance under Sub-Section (1) of Section 37 as
heritage sites and measures to be adopted for the management of such
heritage sites.
 The Biological Diversity Act (2002) mandates implementation of the Act
through decentralized system with the NBA focusing on advising the Central
Government on matters relating to the conservation of biodiversity,
sustainable use of its components and equitable sharing of benefits arising out
of the utilization of biological resources; and advising the State Governments
in the selection of areas of biodiversity importance to be notified under Sub-
 Section (1) of Section 37 as heritage sites and measures for the management of
such heritage sites.
 The State Biodiversity Boards (SBBs) focus on advising the State
Governments, subject to any guidelines issued by the Central Government, on
matters relating to the conservation of biodiversity, sustainable use of its
components and equitable sharing of the benefits arising out of the utilization
of biological resources. The SSBs also regulate, by granting of approvals or
otherwise requests for commercial utilization or bio-survey and bio-utilization
of any biological resource by Indians. The local level Biodiversity
Management Committees (BMCs) are responsible for promoting conservation,
sustainable use and documentation of biological diversity including
preservation of habitats, conservation of land races, folk varieties and
cultivars, domesticated stocks and breeds of animals and microorganisms and
chronicling of knowledge relating to biological diversity.
The important functions of the board are:
 Regulation of the matters relating to the conservation of biodiversity.
 Sustainable use of its components.
 Equitable sharing of the benefits arising out of the utilization of
biological resources.
 To monitor the local level committees known as Biodiversity
Management Committees (BMCs).
 The NBA with its headquarters in Chennai, Tamil Nadu, delivers its mandate
through a structure that comprises of the Authority, Secretariat, SBBs, BMCs
and Expert Committees. Since its establishment, NBA has supported creation
of SBBs in 28 States and, facilitated establishment of around 31,574 BMCs.

 The Information Technology Act, 2000 (2000)

 The Telecom Regulatory Authority of India Act, 1997 (1997)
 The Telecom Regulatory Authority of India (Amendment) Ordinance, 2000 (2000)
 The Arbitration And Conciliation Act, 1996 (1996)
 Drugs and Cosmetics Act, 1940 (1995)
 The Cinematograph Act, 1952 (1984)
 The Code of Civil Procedure, 1908 (1980)
 The Seeds Act 1966 (1966)
 The Seeds (Amendment) Act, 1972 (September 9, 1972)
 The Customs Act, 1962 (1962)
 The Indian Wireless Telegraph Act, 1933 (1933)
 The Indian Penal Code (1860)

Implementing Rules/Regulations Intellectual Property

 The Protection of Plant Varieties and Farmer's Rights Rules, 2003 (2003)
 Protection of Plant Varieties and Farmers’ Rights Regulations, 2006 (2006)
 Protection of Plant Varieties and Farmers Rights (Criteria for DUS for Registration)
Regulations, 2009 (2009)
 The Protection of Plant Varieties and Farmers’ Rights (Second Amendment) Rules,
2009 (2009)
 Direction of The Telecom Regulatory Authority of India (2008)
 Designs (Amendment) Rules, 2008 (2008)
  Circular on Implementing the Intellectual Property Rights (Imported Goods)
Enforcement Rules, 2007 (2007)
 Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (2007)
 Patents Rules 2003 (2003)
 Patents (Amendment) Rules, 2005 (2004)
 Patent (Amendment) Rules, 2006 (2006)
 Biological Diversity Rules, 2004 (2004)
 The Drugs and Cosmetics Rules, 1945 (as corrected up to November 30, 2004) (2004)
 The Geographical Indications of Goods (Registration and Protection) Rules, 2002
(2002)
 Trade Marks Rules, 2002 (2002)
 Semiconductor Integrated Circuits Layout-Design Rules, 2001 (2001)
 The Designs Rules, 2001 (2001)
 Information Technology (Certifying Authorities) Rules, 2000 (2000)
 Copyright Rules, 1958 (1958)
 The International Copyright Order, 1999 (1999)

1. The Copyrights Act, 1957 (“Copyright Act”)

Copyright protects the expression of an idea rather than the idea itself. Under section 13 of the
Copyright Act, a protection under copyright can be obtained for ‘original literary, dramatic,
musical and artistic works; cinematograph films; and sound recording’. Interestingly, a copyright
protection can also be obtained for computer programmes. A copyright is an ‘exclusive right’ that
is granted to a person to do or authorize to carry out certain activities with regards the
copyrighted work. For e.g.: in case of a literary, dramatic or musical work, the owner (or any
person authorized by the owner) is permitted to perform the work; make translation(s) of such
work; make adaptations of the work, etc.
The Copyright Act, under section 17, clearly states that the author of the original work (for which
protection under copyright has been obtained) shall be the first owner of the work. Further, the
owner has the right to license the copyright of their work to third-parties through a written
agreement.
In case of published literary works, dramatically works and artistic works, copyright protection
shall be provided to such works for a term of 60 (sixty) years in addition to the life of the author.
Incidental to the protection awarded under a copyright, the Copyright Act, also confers certain
special rights on the author, under section 57. An author/ owner of the copyright work, even after
assigning the work to another person (wholly or partially), has the right to ‘claim authorship of
the work’ and the right to ‘claim damages’ with respect to any ‘distortion, mutilation or
modification’ of the author’s original work, in the event such distortion or any other act is
damaging to the author’s reputation.
2. The Trade Marks Act, 1999 (“Trade Marks Act”)
The Trade Marks Act, under section 2(zb) defines a ‘trade mark’ as ‘a mark capable of being
represented graphically and which is capable of distinguishing the goods or services of one
person from those of others and may include shape of goods, their packaging and combination of
colours…’. In simpler words, a trademark provides protection for symbols, colours, shapes,
words, etc. representing and relating to a good or a service.
Interestingly, a trademark application need not be filed in respect of marks which are in use (but
can also be filed in respect of marks which are intended to be used in the future). The primary
requirements for registration of a trademark includes that it should consist of a mark capable of
distinguishing the goods/services from those of others and that it is capable of graphical
representation. The Trade Marks Act provides for absolute grounds of refusal of registration such
as –
(a) The mark not having a distinctive character
(b) A mark being deceptive and confusing to the public
(c) If a mark is hurtful to religious sentiments
(d) The mark is offensive, scandalous, or obscure, etc. In addition to the absolute grounds of
refusal, the statute also provides for relative grounds of refusal of registration (viz. similarity with
pre-existing marks).

Further, India is a signatory to the Madrid Protocol under which a trademark can be applied for
and registered internationally. However, the prerequisite for filing and registering an international
application (under the Madrid Protocol) in a foreign jurisdiction is that the mark needs to be first
filed in India.
A protection afforded from a trademark registration is imperative as it protects the brand name,
logo, sound, shape, etc., and distinctively identifies the goods/services to the brand bringing
uniqueness to the mark. Also, the validity of a trademark registration is for an initial period of 10
(ten) years which can renewed perpetually for successive period of 10 years (subject to timely
filing of renewal applications).
3. The Patents Act, 1970 (“Patents Act”)
A ‘Patent’ is an intellectual property right which protects any new invention. It is an exclusive
right that protects the rights of the inventor and prevents other people to unauthorized use and
misappropriates the registered patent.

A patent is granted for a term of 20 (twenty) years from the date of filling of the application. It is
important to note that patent for a new invention is registered only if the invention is ‘novel’ and
‘original’ i.e. it has not been introduced in the public domain in India or anywhere in the world; is
‘capable of industrial application’ which refers to the ability of the invention to be used in an
industry; and is an invention that requires to employ a process of ‘inventive steps’, which is
defined as ‘a feature of an invention that involves technical advance as compared to the existing
knowledge or having economic significance or both and that makes the invention not obvious to a
person skilled in the art’, under the Patents Act.

The Patents Act bestows each inventor, whose patent has been registered, with certain rights,
namely:
 with respect to a patent for a product, the right to prevent third parties form using, selling,
making, importing, etc. the product without prior consent; and
 With respect to a process for which a patent is obtained, the right to prevent third parties
from using, selling, offering, etc. a product obtained from that process, without the prior
consent of the original inventor.
Further, India is a signatory to the Patent Cooperation Treaty (PCT) which permits an applicant to
file an application for registration of an international patent. Upon filing such application, an
inventor can obtain patent protection in multiple countries (members of PCT), simultaneously.
4. The Design Act, 2000 (“Design Act”)
A ‘design’ under the Designs Act [section 2(d)] means and includes ‘only the features of shape,
configuration, pattern, ornaments or composition of lines or colours, applied to any article
whether in two dimensional or three dimensional or in both forms, by any industrial process or
means, whether manual, mechanical or chemical, separate or combined, which in the finished
article appeal to an are judged solely by the eye’.
An application for registration of an industrial design is to be made to the Controller- General of
Patents, Designs and Trade Marks. However, a design shall only be considered for registration if
– (a) it is novel and an original innovation i.e., it has not been produced before or reproduced by
anyone; (b) it has not been disclosed to the public anywhere in India or outside the jurisdiction of
India; and (c) it can be easily distinguished from other known designs.
Furthermore, once a design is registered, the registered proprietor is afforded protection for an
initial period of 10 (ten) years, which is extendable (upon filing an application for extension) for a
further period of 5 (five) years.
The salient features of the Design Act, 2000 can be drawn as follows:

1. Definition of the terms “article”, “design” has been given vide scope.
2. The scope is given to the term “prior publication”.
3. Introduction of provision for delegation of powers of the Controller to other officers and
stipulating statutory duties of examiners.
4. Provision of identification of non-registrable designs.
5. Provision for substitution of applicant before registration of a design.
6. Substitution of Indian classification by internationally followed system of classification.
7. Provision for inclusion of a register to be maintained on computer as a Register of
Designs.
8. Provision for restoration of lapsed designs.
9. Provisions for appeal against orders of the Controller before the High Court instead of
Central Government.
10. Revoking of period of secrecy of two years of a registered design.
11. Providing for compulsory registration of any document for transfer of right in the
registered design.
12. Introduction of additional grounds in cancellation proceedings and provision for initiating
the cancellation proceedings before the Controller in place of High Court.
13. Enhancement of quantum of penalty imposed for infringement of a registered design.
14. Provision for grounds of cancellation to be taken as defence in the infringement
proceedings to be in any court not below the Court of District Judge.
15. Enhancing initial period of registration from 5 to 10 years, to be followed by a further
extension of five years.
16. Provision for allowance of priority to other convention countries and countries belonging
to the group of countries or inter-governmental organizations apart from United Kingdom
and other Commonwealth Countries.
17. Provision for avoidance of certain restrictive conditions for the control of anticompetitive
practices in contractual licenses.
5. The Geographical Indications of Goods (Registration and Protection)
Act, 1999 (“GI Act”)
Many goods in India are widely popular owing to their place of origin. For instance, ‘Darjeeling
tea’ is unique and popular owing to many factors including but not limited to its origin, the skill
set of the tea farmers of Darjeeling and the weather prevailing in that area. Other such examples
of products which have a bearing of the place of origin (or factors specific to the place of origin
includes Banarasi Saree; Basmati Rice, etc).
A ‘Geographical Indication’ is defined as ‘an indication which identifies such goods as
agricultural goods, natural goods or manufactured goods as originating, or manufactured in the
territory of country, or a region or locality in that territory, where a given quality, reputation or
other characteristic of such goods is essentially attributable to its geographical origin and in case
where such goods are manufactured goods one of the activities of either the production or of
processing or preparation of the goods concerned takes place in such territory, region or locality
as the case may be’. The GI Act covers only goods such as agricultural goods, food stuff,
handicraft goods, manufactured goods, and natural goods.
An application for registering a good under the GI Act requires a statement explaining how the
geographical indication affects to the origin of the good in terms of the quality, characteristics,
and reputation of the good; the class of goods; particulars with regards the appearance of the
geographical indication and the map of the territory/area/country where the good has originated.
A registered geographical indication is awarded protection for a term of ten (10) years with the
option of renewing and extending such protection for further tenures of ten (10) years from the
date of expiration of the original registration.
The salient features of this legislation are as under:
1. Provision of definition of several important terms like “geographical indication”,
“goods”, “producers”, “packages”, “registered proprietor”, “authorized user” etc.
2. Provision for the maintenance of a Register of Geographical Indications in two parts-Part
A and Part B and use of computers etc. for maintenance of such Register. While Part A
will contain all registered geographical indications, Part B will contain particulars of
registered authorized users.
3. Registration of geographical indications of goods in specified classes.
4. Prohibition of registration of certain geographical indications.
5. Provisions for framing of rules by Central Government for filing of application, its
contents and matters relating to the substantive examination of geographical indication
applications.
6. Compulsory advertisement of all accepted geographical indication applications and for
inviting objections.
7. Registration of authorized users of registered geographical indications and providing
provisions for taking infringement action either by a registered proprietor or an authorized
user.
8. Provisions for higher level of protection for notified goods.
9. Prohibition of assignment etc. of a geographical indication as it is public property.
10. Prohibition of registration of geographical indication as a trademark.
11. Appeal against Registrar’s decision would be to the Intellectual Property Board
established under the Trade Mark legislation.
12. Provision relating to offences and penalties.
13. Provision detailing the effects of registration and the rights conferred by registration.
14. Provision for reciprocity powers of the registrar, maintenance of Index, protection of
homonymous geographical indications etc.
6. The Protection of Plant Varieties and Farmer’s Rights Act, 2001 (“Plant
Varieties Act”)
The objective of the Protection of Plant Varieties and Farmer’s Right Act, 2007, is to recognize
rights of Indian farmers and to provide protection to plant varieties in order to encourage the
growth and development of more plant varieties.
In 1994, India became a member to the Trade Related Aspect of Intellectual Property Rights
Agreement (TRIPS) under which all members are required to accommodate and provide for the
protection of plant varieties [Article 27(3)(b) of TRIPS]. All plant varieties that have been
registered and awarded protection are entered and recorded into the National Register of Plant
Varieties.
The Plant Varieties Act permits any breeder, farmer and any person as authorized, to apply for
registration of a new plant variety. A new plant variety is registrable if it satisfies the conditions
of ‘novelty, distinctiveness, uniformity and stability’. To elaborate, the condition of novelty
requires that at the date of filing the application (for protection), the plant variety must not be
sold. Further, distinctiveness encompasses the requirement of having at least one distinguishing
factor from all other existing and protected plant varieties. The requirement of uniformity means
that all essential characteristics of the plant variety must be uniform. Lastly, the plant variety
being registered for is required to be ‘stable’, meaning that the essential characteristics of the
plant variety must remain unchanged after repeated propagation of such plant variety.
The validity of registration for the protection of a plant variety is for a period of nine (9) years in
the case of trees and vines, and for a period of six (6) years in the case of crops, with the option of
renewal of such registrations.
7. The Semiconductor Integrated Circuits Layout- Design Act, 2000
(“SICLD Act”)
A ‘semiconductor integrated circuit’ is defined as ‘a product having transistors and other circuitry
elements which are inseparably formed on a semiconductor material or an insulating material or
inside the semiconductor material and designed to perform an electronic circuitry function’.
Under the SICLD Act, all layout-designs capable of being registered are required to be original;
commercially unexploited anywhere in India and in any convention countries; inherently
distinctive and inherently distinguishable from other registered layout- designs. An application
for registration of design layouts has to be in writing and is required to be filed before the
Registrar in the Semiconductor Integrated Circuits Layout-Design Registry present in the
territorial limits of the principal place of business of the applicant.
Further, the protection afforded to registered layout-designs is for a period of 10 (ten) years.
1. What are the different types of intellectual property rights?
In India, there are 7 types of intellectual property rights, namely – copyright, trademarks,
patents, geographical indications, plant varieties, industrial designs and semiconductor
integrated circuit layout designs.
2. If I obtain a copyright registration in India, would it be recognized internationally?
Yes, since India is a signatory to the Berne Convention, a copyright registration obtained in
India will be recognized in the nations which are signatories to the Berne Convention.
3. For how long will a trademark registration be valid for?
A trademark registration is valid for a term of 10 (ten) years. A trademark registration can be
renewed perpetually for succeeding periods of 10 (ten) years by filing an application for
renewal.
4. What is the importance of intellectual property rights under the Geographical
Indication Act?
The Geographical Indications Act protects various types of goods including natural goods,
manufactured goods, agricultural goods, handicrafts, etc. The primary importance of
protection of the A protection under the relevant act is primarily to protect the skill of the
local artisans, craftsmen, etc. and thereby protect their commercial interests in respect of
indigenously developed products.
5. What are the factors considered by the Registrar when considering an application for
protection for layout-design?
The factors considered by the registry includes: (a) whether the layout design is original; (b)
whether it has been commercially exploited in India; (c) whether it is inherently distinctive;
and (d) whether it is capable of being distinguished from other registered layout- designs.
6. What is the term permissible for extension of validity under the Designs Act?
A design registration is valid for an initial period of 10 (ten) years and can be renewed once
thereafter for a further period of 5 (five) years by filing an application for renewal.

 Trade Secrets:
Confidential business information that provides a business an edge to a competition can
be considered as Trade Secret. Such information can be both manufacturing and
commercial secret.
A trade secret can be protected for an unlimited period of time but a substantial element
of secrecy must exist so that, except by the use of improper means, there would be
difficulty in acquiring the information. Considering the vast availability of traditional
knowledge in the country, the protection under this will be very crucial in reaping
benefits from such type of knowledge.

 Utility Models:
A utility model is an exclusive right granted for an invention, which allows the right
holder to prevent others from commercially using the protected invention, without his
authorization for a limited period of time. In its basic definition, which may vary from
one country (where such protection is available) to another, a utility model is similar to a
 patent. In fact, utility models are sometimes referred to as “petty patents” or “innovation
patents.”
Only a small but significant number of countries and regions provide the option of utility
model protection. At present, India does not have legislation on Utility models.

The main differences between utility models and patents are the following:

 The requirements for acquiring a utility model are less stringent than for patents.
While the requirement of “novelty” is always to be met, that of “inventive step”
or “non-obviousness” may be much lower or absent altogether. In practice,
protection for utility models is often sought for innovations of a rather
incremental character which may not meet the patentability criteria.
 The term of protection for utility models is shorter than for patents and varies
from country to country (usually between 7 and 10 years without the possibility of
extension or renewal).
 In most countries where utility model protection is available, patent offices do not
examine applications as to substance prior to registration. This means that the
registration process is often significantly simpler and faster, taking on an average
six months.
 Utility models are much cheaper to obtain and to maintain. In some countries,
utility model protection can only be obtained for certain fields of technology, and
only for products but not for processes.
 Utility models are considered suitable particularly for SMEs that make “minor”
improvements to, and adaptations of, existing products. Utility models are
primarily used for mechanical innovations. The “Innovation patent,” launched in
Australia some time back was introduced as a result of extensive research into the
needs of small and medium-sized enterprises, with the aim of providing a “low-
cost entry point into the intellectual property system.”

History of Patenting in India

1856: The Act VI of 1856 on protection of inventions based on the British Patent Law of
1852. Certain exclusive privileges granted to inventors of new manufacturers for a period of
14 years.
1859: The Act modified as act XV Patent monopolies called exclusive privileges (making.
Selling and using inventions in India and authorizing others to do so for 14 years from date of
filing specification).
1872: The Patterns & Designs Protection Act.
1883: The Protection of Inventions Act.
1888: Consolidated as the Inventions & Designs Act.
1911: The Indian Patents & Designs Act.
1950: 1911 Act was amended in 1950(Act XXXII of 1950) in relation to working of
inventions and compulsory licence/revocation.
1952: In 1952 (Act LXX of 1952) an amendment was made to provide compulsory licence in
relation to patents in respect of food and medicines, insecticide, germicide or fungicide and a
process for producing substance or any invention relating to surgical or curative devices. The
compulsory licence was also available on notification by the Central Government. Based on
the recommendations of the Committee, a bill was introduced in the Parliament in 1953 (Bill
No.59 of 1953).
1970: The Patent Act. In 1957, the Government of India appointed Justice N. Rajagopala
Ayyangar Committee to examine the question of revision of the Patent Law and advise
government accordingly. The report of the Committee, which comprised of two parts, was
submitted in September, 1959. The first part dealt with general aspects of the Patent Law and
the second part gave detailed note on the several clauses of the lapsed bills 1953. The first
part also dealt with evils of the patent system and solution with recommendations in regards
to the law. The committee recommended retention of the Patent System, despite its
shortcomings. This report recommended major changes in the law which formed the basis of
the introduction of the Patents Bill, 1965. This bill was introduced in the Lok Sabha on 21st
September, 1965, which however lapsed. In 1967, again an amended bill was introduced
which was referred to a Joint Parliamentary Committee and on the final recommendation of
the Committee, the Patents Act, 1970 was passed.
1999: On March 26, 1999 Patents (Amendment) Act, (1999) came into force from 1st
January, 1995 (in form of act in 1999).
2002: The Patents (Amendment) Act 2002 came into force from 20th May, 2003
2005: The Patents (Amendment) Act 2005 effective from 1st January, 2005

LEADING INTERNATIONAL INSTRUMENTS CONCERNING

INTELLECTUAL PROPERTY RIGHTS
Some leading Instruments concerning Intellectual Property Rights are as below:
1. The Paris Convention for the Protection of Industrial Property (1883)
The Paris Convention for the Protection of Industrial Property, signed in Paris,
France, on 20 March 1883, was one of the first intellectual property treaties. It
established a Union for the protection of industrial property. The Convention is still in
force. The substantive provisions of the Convention fall into three main categories:
national treatment, priority right and common rules.
2. The Berne Convention for the Protection of Literary and Artistic Works (1886)
The Berne Convention signed on 9th September, 1886 at Berne, Switzerland and
effective from December 5, 1887, deals with the protection of works and the rights of
their authors. It provides creators such as authors, musicians, poets, painters etc. with
the means to control how their works are used, by whom, and on what terms. It is
based on three basic principles and contains a series of provisions determining the
minimum protection to be granted, as well as special provisions available to
developing countries that want to make use of them.
3. The WIPO Copyright Treaty (WCT) (1996)
The WIPO Copyright Treaty (WCT) signed on 20th December, 1996 at Geneva,
Switzerland and effective from March 6, 2002, is a special agreement under the Berne
Convention which deals with the protection of works and the rights of the authors in
the digital environment. In addition to the rights recognized by the Berne Convention,
certain economic rights are also grated. The Treaty also deals with two subject matters
to be protected by copyright: (i) computer programs, whatever the mode or form of
their expression; and (ii) compilations of data or other material (“databases”).
4. The Patent Cooperation Treaty (PCT) (1970)
The Patent Cooperation Treaty (PCT) signed on 19th June, 1970 at Washington, US
and effective from 24th January, 1978, makes it possible to seek patent protection for
an invention simultaneously in each of a large number of countries by filing an
“international” patent application. Such an application may be filed by anyone who is
 a national or resident of a PCT Contracting State. It may generally be filed with the
national patent office of the Contracting State of which the applicant is a national or
resident or, at the applicant’s option, with the International Bureau of WIPO in
Geneva.
5. Budapest Treaty on the International Recognition of the Deposit of Microorganisms
for the Purposes of Patent Procedure (1977)
The Budapest Treaty on the International Recognition of the Deposit of
Microorganisms for the Purposes of Patent Procedure, or Budapest Treaty, is an
international treaty signed in Budapest, Hungary, on April 28, 1977. It entered into
force on August 19, 1980, and was later amended on September 26, 1980. The treaty
is administered by the World Intellectual Property Organization (WIPO). As of April
2022, 86 countries are party to the Budapest Treaty. The accession to the Treaty is
open to States party to the Paris Convention for the Protection of Industrial
Property of 1883. The African Regional Industrial Property Organization (ARIPO),
the Eurasian Patent Organization (EAPO) and the European Patent
Organisation (EPO) have filed a declaration of acceptance under Article 9(1)(a) of the
Treaty. The Budapest Treaty concerns a specific topic in the international patent
process: microorganisms. All states party to the Treaty are obliged to recognize
microorganisms deposited as a part of the patent procedure, irrespective of where the
depository authority is located. In practice this means that the requirement to submit
microorganisms to each and every national authority in which patent protection is
sought no longer exists.
6. The Madrid Agreement Concerning the International Registration of Marks and the
Protocol Relating to the Madrid Agreement (1891)
The Madrid System for the International Registration of Marks is governed by two
treaties: The Madrid Agreement, concluded in 1891 and revised at Brussels (1900),
Washington (1911), The Hague (1925), London (1934), Nice (1957) and Stockholm
(1967), and amended in 1979, and the Protocol relating to that Agreement, concluded
in 1989, which came into operation on 1 April 1996, which aims to make the Madrid
system more flexible and more compatible with the domestic legislation of certain
countries or intergovernmental organizations that had not been able to accede to the
Agreement. States and organizations party to the Madrid system are collectively
referred to as Contracting Parties. The system makes it possible to protect a mark in a
large number of countries by obtaining an international registration that has effect in
each of the designated Contracting Parties.
7. The Hague Agreement Concerning the International Deposit of Industrial Designs
(1925)
The Hague Agreement Concerning the International Deposit of Industrial Designs,
also known as the Hague system provides a mechanism for registering an industrial
design in several countries by means of a single application, filed in one language,
with one set of fees. The system is administered by WIPO.
The Hague Agreement consists of several separate treaties, the most important of
which are: the Hague Agreement of 1925 (effective from 1st June, 1928), the London
Act of 2 June 1934, the Hague Act of 28 November 1960 (amended by the Stockholm
Act, 14th July, 1967), and the Geneva Act of 2 July 1999.
The original version of the Agreement (the 1925 Hague version) is no longer applied,
since all states parties signed up to subsequent instruments. The 1934 London Act
 formally applied between a London act states that did not sign up to The Hague
and/or Geneva Act in relation with other London act states until October 2016. Since
1 January 2010, however, the application of this act had already been frozen.
Countries can become a party to the 1960 (Hague) Act, the 1999 (Geneva) Act, or
both. If a country signs up to only one Act, then applicants from that country can only
use the Hague system to obtain protection for their designs in other countries which
are signed up to the same Act. For instance, because the Japan has only signed up to
the 1999 (Geneva) Act, applicants which qualify to use the Hague system because
their domicile is in the European Union can only get protection in countries which
have also signed up to the 1999 Act or to both the 1999 and 1960 Acts.
8. The Trademark Law Treaty (TLT) (1994)
To rationalize and to make a uniform substantive law on trademarks the Trademark
Law Treaty (TLT) was adopted in Geneva, Switzerland on 27th October 1994 and
was further enforced on 1st August 1996. By 9th November 2009, it had forty-five
member states including the United States.
The aim of the Trademark Law Treaty (TLT) is to standardize and streamline national
and regional trademark registration procedures. This is achieved through the
simplification and harmonization of certain features of those procedures, thus making
trademark applications and the administration of trademark registrations in multiple
jurisdictions less complex and more predictable.

9. The Patent Law Treaty (PLT) (2000)

The Patent Law Treaty (PLT) is an international agreement used in the how to patent
an idea process to simplify the formalities associated with patent application
procedures in multiple countries. The World Intellectual Property
Organization (WIPO) adopted the PLT on June 1, 2000.
The treaty began in the United States on April 28, 2005. The PLT was approved by
the U.S. Senate in 2007. U.S. patent law was updated to reflect the PLT changes in
2012 and became known as the Patent Law Treaty Implementation Act, or PLT Act.
The Patent Law Treaty (PLT) was adopted in 2000 with the aim of harmonizing and
streamlining formal procedures with respect to national and regional patent
applications and patents and making such procedures more user-friendly. With the
significant exception of filing date requirements, the PLT provides the maximum sets
of requirements the office of a Contracting Party may apply.
10. Treaties on Classification (1957)
International Classification of Goods and Services also known as
the Nice Classification was established by the Nice Agreement (1957), is a system of
classifying goods and services for the purpose of registering trademarks. It is updated
every five years and its latest 11th version of the system groups products into 45
classes (classes 1-34 include goods and classes 35-45 embrace services), and allows
users seeking to trademark a good or service to choose from these classes as
appropriate. Since the system is recognized in numerous countries, this makes
applying for trademarks internationally a more streamlined process. The classification
system is specified by the World Intellectual Property Organization (WIPO).
 The Nice Classification is based on a multilateral treaty administered by WIPO. This
treaty, consummated on 15 June 1957 in Nice, France, is called the "Nice Agreement
Concerning the International Classification of Goods and Services for the Purposes of
the Registration of Marks". This Classification is commonly referred to as the "Nice
Classification". The Nice Agreement is open to states who are parties to the "Paris
Convention for the Protection of Industrial Property".
As early as the nineteenth century, it was recognized that in all the major fields of
industrial property — patents, trademarks and industrial designs — it was essential to
create classification systems. The reasons were, immediately, administrative order for
handling and registration within national industrial property offices, and,
progressively thereafter, organized documentation to create conditions for easier
retrieval, examination and other search procedures, and the need for harmonization on
an international scale, in order to facilitate and further promote growing international
cooperation in these fields. Although the International Patent Classification (IPC) was
among the later classification agreements to be signed, it is dealt with below as the
first, to reflect its particular worldwide importance, its long antecedents and the
volume of documentation that it has generated.
11. Special Conventions in the Field of Related Rights: The International Convention for
the Protection of Performers, Producers of Phonograms and Broadcasting
Organizations (“the Rome Convention”) (1961)
The Rome Convention for the Protection of Performers, Producers of Phonograms
and Broadcasting Organisations also known as the International Convention for the
Protection of Performers, Producers of Phonograms and Broadcasting
Organisations and the Rome Convention, vol.496 p.43 UNTS(United Nations Treaty
Collection), was accepted by members of the United International Bureaux for the
Protection of Intellectual Property (BIRPI), the predecessor to the modern World
Intellectual Property Organization, on 26 October 1961 (effective from 18 May,
1964).The Diplomatic Conference was jointly convened by BIRPI, the International
Labour Organisation, and the United Nations Educational, Scientific and Cultural
Organization. The agreement extended copyright related rights protection for the first
time to entities or individuals who are not the author but have a close relationship to a
copyrighted work, including performers, sound recording producers and broadcasting
organizations. As of August 2021, the treaty has 96 contracting parties, with a party
defined as a State which has consented to be bound by the treaty and for which the
treaty is in force.
The Rome Convention secures protection in performances for performers, in
phonograms for producers of phonograms and in broadcasts for broadcasting
organizations. WIPO is responsible for the administration of the convention jointly
with the International Labour Organization (ILO) and the United Nations Educational,
Scientific and Cultural Organization (UNESCO).

12. Other Special Conventions in the Field of Related Rights (1971, 1974)
Besides the Rome Convention of 1961, a basic legal instrument discussed in the
previous section, two other international instruments have been drawn up with regard
to certain related rights. These are the Convention for the Protection of Producers of
Phonograms against Unauthorized Duplication of Their Phonograms, concluded in
Geneva in October 1971 and generally referred to as “the Phonograms Convention”
and “the Convention Relating to the Distribution of Programme-Carrying Signals
 Transmitted by Satellite”, concluded in Brussels in May 1974 and known briefly as
“the Satellites Convention.”
The Convention for the Protection of Producers of Phonograms against Unauthorized
Duplication of Their Phonograms, also known as the Geneva Phonograms
Convention, is a 1971 international agreement relating to copyright protection for
sound recordings. It was signed on 29 October, 1971 at Geneva, Switzerland and was
effective from 18th April, 1973. Date and place of adoption of “the Convention
relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite”
or “the Brussels Convention, 1974” was 21 May 1974 Brussels, Belgium which
came into force from 25 August 1979. The Brussels or Satellites Convention provides
for the obligation of each Contracting State to take adequate measures to prevent the
unauthorized distribution on or from its territory of any programme-carrying signal
transmitted by satellite.
These two Conventions are also within the area of related rights, and their purpose is
to protect producers of phonograms and broadcasting organizations, respectively,
against certain prejudicial acts that have been widely recognized as infringements or
acts of piracy.
With regard to the Rome Convention, the Phonograms Convention and the Satellites
Convention may be regarded as special agreements, the conclusion of which is
reserved for Contracting States insofar as the agreements grant to performers,
producers of phonograms or broadcasting organizations more extensive rights than
those granted by the Rome Convention, or contain other provisions not contrary to
that Convention (Article 22 of the Rome Convention).
13. The WIPO Performances and Phonograms Treaty (WPPT) (1980)
The WIPO Diplomatic Conference on Certain Copyright and Neighbouring Rights
Questions, held in Geneva in December 1996, adopted two treaties: the WIPO
Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty
(WPPT).
In view of the technological developments of the 1980s, as also in the field of
copyright, it was recognized that guidance in the form of recommendations, guiding
principles and model provisions would no longer suffice, and that binding new norms
were indispensable. The WCT and the WPPT were prepared in parallel at the same
Diplomatic Conference.
The World Intellectual Property Organization Copyright Treaty (WIPO Copyright
Treaty or WCT) is an international treaty on copyright law adopted by the member
states of the World Intellectual Property Organization (WIPO) in 1996. It was signed
on 20th December, 1996 at Geneva, Switzerland and was effective from 6 March,
2002. It provides additional protections for copyright to respond to advances in
information technology since the formation of previous copyright treaties before it. As
of August 2021, the treaty has 110 contracting parties. The WCT and WIPO
Performances and Phonograms Treaty, are together termed WIPO "internet treaties".
The WIPO Performances and Phonograms Treaty (or WPPT) is an
international treaty signed by the member states of the World Intellectual Property
Organization and was adopted in Geneva on 20 December 1996. It came into effect
on 20 May 2002. As of August 2021, the treaty has been 109 contracting parties.
 WPPT was adopted with an objective to develop and maintain the protection of the
rights of performers and producers of phonograms in a manner as effective and
uniform as possible. This treaty would not disturb the existing obligations that
Contracting Parties have to each other under the International Convention for the
Protection of Performers, Producers of Phonograms and Broadcasting Organizations
done in Rome, 26 October 1961 (Rome Convention). Articles 18 and 19 of the WPPT
provide similar obligations for performers and producers of phonograms to
contracting states as provided under Articles 11 and 12 of the WCT.
14. The International Convention for the Protection of New Varieties of Plants (1961)
The International Union for the Protection of New Varieties of Plants (UPOV) is an
intergovernmental organization with headquarters in Geneva (Switzerland). UPOV
was established by the International Convention for the Protection of New Varieties
of Plants. The Convention was adopted in Paris in 1961 and it was revised in 1972,
1978 and 1991. UPOV’s mission is to provide and promote an effective system of
plant variety protection, with the aim of encouraging the development of new
varieties of plants, for the benefit of society.
15. The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”)
and WIPO-WTO Cooperation (1994)
Uruguay Round Agreement: TRIPS Trade- Related Aspects of Intellectual Property
Rights. The TRIPS Agreement is annex 1C of the Marrakesh Agreement establishing
the World Trade Organization, signed in Marrakesh, Morocco on 15 April 1994.
Desiring to reduce distortions and impediments to international trade, and taking into
account the need to promote effective and adequate protection of intellectual property
rights, and to ensure that measures and procedures to enforce intellectual property
rights do not themselves become barriers to legitimate trade; Recognizing, to this end,
the need for new rules and disciplines concerning:
(a) The applicability of the basic principles of GATT 1994 and of relevant
international intellectual property agreements or conventions.
(b) The provision of adequate standards and principles concerning the availability,
scope and use of trade-related intellectual property rights.
(c) The provision of effective and appropriate means for the enforcement of trade-
related intellectual property rights, taking into account differences in national legal
systems.
(d) The provision of effective and expeditious procedures for the multilateral
prevention and settlement of disputes between governments.
(e) Transitional arrangements aiming at the fullest participation in the results of the
negotiations.

Recognizing:
1. The need for a multilateral framework of principles, rules and disciplines
dealing with international trade in counterfeit goods
2. Intellectual property rights are private rights
3. Recognizing the underlying public policy objectives of national systems for
the protection of intellectual property, including developmental and
technological objectives
4. Recognizing also the special needs of the least- developed country Members
in respect of maximum flexibility in the domestic implementation of laws and
 regulations in order to enable them to create a sound and viable technological
base
5. Emphasizing the importance of reducing tensions by reaching strengthened
commitments to resolve disputes on trade-related intellectual property issues
through multilateral procedures.
6. Desiring to establish a mutually supportive relationship between the WTO and
the World Intellectual Property Organization (referred to in this Agreement as
“WIPO”) as well as other relevant international organizations.

Classification of Goods and Services

Goods: If a product cannot be classified with the aid of the List of Classes, the Explanatory
Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:

(a) A finished product is in principle classified according to its function or purpose. If the
function or purpose of a finished product is not mentioned in any class heading, the finished
product is classified by analogy with other comparable finished products, indicated in the
Alphabetical List. If none is found, other subsidiary criteria, such as that of the material of
which the product is made or its mode of operation, are applied.
(b) A finished product which is a multipurpose composite object (e.g., clocks incorporating
radios) may be classified in all classes that correspond to any of its functions or intended
purposes. If those functions or purposes are not mentioned in any class heading, other
criteria, indicated under (a), above, are to be applied.
(c) Raw materials, un-worked or semi-worked, are in principle classified according to the
material of which they consist.
(d) Goods intended to form part of another product are in principle classified in the same
class as that product only in cases where the same type of goods cannot normally be used for
another purpose. In all other cases, the criterion indicated under (a), above, applies.
(e) When a product, whether finished or not, is classified according to the material of which it
is made, and it is made of different materials, the product is in principle classified according
to the material which predominates.
(f) Cases adapted to the product they are intended to contain are in principle classified in the
same class as the product.

Class Components
Chemicals used in industry, science and photography, as well as in agriculture,
horticulture and forestry; unprocessed artificial resins, unprocessed plastics;
1 manures; fire-extinguishing compositions; tempering and soldering
preparations; chemical substances for preserving foodstuffs; tanning
substances; adhesives used in industry.
Paints, varnishes, lacquers; preservatives against rust and against deterioration of
2 wood; colorants; mordents; raw natural resins; metals in foil and powder form for
painters, decorators, printers and artists.
Bleaching preparations and other substances for laundry use; cleaning, polishing,
3 scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics,
hair lotions; dentifrices.
Industrial oils and greases; lubricants; dust absorbing, wetting and binding
4 compositions; fuels (including motor spirit) and illuminants; candles and wicks
for lighting.
 Pharmaceutical and veterinary preparations; sanitary preparations for medical
purposes; dietetic substances adapted for medical use, food for babies; plasters,
5
materials for dressings; material for stopping teeth, dental wax; disinfectants;
preparations for destroying vermin; fungicides, herbicides.
Common metals and their alloys; metal building materials; transportable buildings
of metal; materials of metal for railway tracks; non-electric cables and wires of
6
common metal; ironmongery, small items of metal hardware; pipes and tubes of
metal; safes; goods of common metal not included in other classes; ores.
Machines and machine tools; motors and engines (except for land vehicles);
7 machine coupling and transmission components (except for land vehicles);
agricultural implements other than hand-operated; incubators for eggs.
8 Hand tools and implements (hand-operated); cutlery; side arms; razors.
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing,
measuring, signalling, checking (supervision), life-saving and teaching apparatus
and instruments; apparatus and instruments for conducting, switching,
transforming, accumulating, regulating or controlling electricity; apparatus for
9
recording, transmission or reproduction of sound or images; magnetic data
carriers, recording discs; automatic vending machines and mechanisms for coin-
operated apparatus; cash registers, calculating machines, data processing
equipment and computers; fire-extinguishing apparatus.
Surgical, medical, dental and veterinary apparatus and instruments, artificial
10
limbs, eyes and teeth; orthopaedic articles; suture materials.
Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying,
11
ventilating, water supply and sanitary purposes.
12 Vehicles; apparatus for locomotion by land, air or water.
13 Firearms; ammunition and projectiles; explosives; fireworks.
Precious metals and their alloys and goods in precious metals or coated therewith,
14 not included in other classes; jewellery, precious stones; hierological and
chronometric instruments
15 Musical instruments
Paper, cardboard and goods made from these materials, not included in other
classes; printed matter; bookbinding material; photographs; stationery; adhesives
for stationery or household purposes; artists’ materials; paint brushes; typewriters
16
and office requisites (except furniture); instructional and teaching material (except
apparatus); plastic materials for packaging (not included in other classes);
printers’ type; printing blocks.
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials
and not included in other classes; plastics in extruded form for use in
17
manufacture; packing, stopping and insulating materials; flexible pipes, not of
metal.
Leather and imitations of leather, and goods made of these materials and not
18 included in other classes; animal skins, hides; trunks and travelling bags;
umbrellas, parasols and walking sticks; whips, harness and saddler.
Building materials (non-metallic); non-metallic rigid pipes for building; asphalt,
19 pitch and bitumen; non-metallic transportable buildings; monuments, not of
metal.
Furniture, mirrors, picture frames; goods (not included in other classes) of wood,
20 cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-
pearl, meerschaum and substitutes for all these materials, or of plastics.
 Household or kitchen utensils and containers; combs and sponges; brushes
(except paint brushes); brush-making materials; articles for cleaning purposes;
21
steel-wool; un-worked or semi-worked glass (except glass used in building);
glassware, porcelain and earthenware not included in other classes.
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included
22 in other classes); padding and stuffing materials (except of rubber or plastics); raw
fibrous textile materials.
23 Yarns and threads, for textile use.
24 Textiles and textile goods, not included in other classes; bed and table covers.
25 Clothing, footwear, headgear.
Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and
26
needles; artificial flowers.
Carpets, rugs, mats and matting, linoleum and other materials for covering
27
existing floors; wall hangings (non-textile).
Games and playthings; gymnastic and sporting articles not included in other
28
classes; decorations for Christmas trees.
Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked
29 fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products;
edible oils and fats.
Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and
preparations made from cereals, bread, pastry and confectionery, ices; honey,
30
treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices;
ice.
Agricultural, horticultural and forestry products and grains not included in other
31 classes; live animals; fresh fruits and vegetables; seeds, natural plants and
flowers; foodstuffs for animals; malt.
Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and
32
fruit juices; syrups and other preparations for making beverages.
33 Alcoholic beverages (except beers).
34 Tobacco; smokers’ articles; matches.

Services: If a service cannot be classified with the aid of the List of Classes, the Explanatory
Notes and the Alphabetical List, the following remarks set forth the criteria to be applied:

(a) Services are in principle classified according to the branches of activities specified in the
headings of the service classes and in their Explanatory Notes or, if not specified, by analogy
with other comparable services indicated in the Alphabetical List.
(b) Rental services are in principle classified in the same classes as the services provided by
means of the rented objects (e.g., Rental of telephones, covered by Class 38).
(c) Services that provide advice, information or consultation are in principle classified in the
same classes as the services that correspond to the subject matter of the advice, information
or consultation, e.g., transportation consultancy (Cl. 39), business management consultancy
(Cl. 35), financial consultancy (Cl. 36), beauty consultancy (Cl. 44). The rendering of the
advice, information or consultancy by electronic means (e.g., telephone, computer) does not
affect the classification of these services.
Services Components
35 Advertising; business management; business administration; office functions.
36 Insurance; financial affairs; monetary affairs; real estate affairs.
37 Building construction; repair; installation services.
38 Telecommunications
39 Transport; packaging and storage of goods; travel arrangement.
40 Treatment of materials.
41 Education; providing of training; entertainment; sporting and cultural activities.
Scientific and technological services and research and design relating thereto;
42 industrial analysis and research services; design and development of computer
hardware and software.
43 Services for providing food and drink; temporary accommodation.
Medical services; veterinary services; hygienic and beauty care for human beings
44
or animals; agriculture, horticulture and forestry services.
Legal services; security services for the protection of property and individuals;
45
personal and social services rendered by others to meet the needs of individuals.

COMPULSORY LICENSING:

A compulsory license provides that the owner of a patent or copyright licenses the use of
their rights against payment either set by law or determined through some form of
adjudication or arbitration. In essence, under a compulsory license, an individual or company
seeking to use another's intellectual property can do so without seeking the rights holder's
consent, and pays the rights holder a set fee for the license. This is an exception to the general
rule under intellectual property laws that the intellectual property owner enjoys exclusive
rights that it may license—or decline to license—to others.

Article 11bis(2) and Article 13(1) of the Berne Convention for the Protection of Literary and
Artistic Works provide the legal basis for compulsory licensing at the international level.
They specify under which conditions members to the Berne Convention may determine or
impose conditions under which exclusive rights may be exercised, for example through
compulsory licensing. The Berne Convention states that member states are free to determine
the conditions under which certain exclusive rights may be exercised in their national laws.
They also provide for the minimum requirements to be set when compulsory licenses are
applied, such as that they must not prejudice the author's right to fair compensation.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) also sets
out specific provisions that shall be followed if a compulsory license is issued, and the
requirements of such licenses. The TRIPS compulsory licensing framework was originally
enshrined in its entirety within Article 31. At the 2001 Fourth Ministerial Conference in
Doha, bolstered by swelling support from scholars and activists, a group of WTO members
submitted a proposal to fundamentally reform articles 27 and 31 of TRIPS. Though this
initiative was resisted by developed WTO members, it laid the ground for the unanimous
adoption of the WTO Declaration on the TRIPS Agreement and Public Health the “Doha
Declaration”. The opening paragraphs of the Doha Declaration recognized the importance of
patent protection for medical inventions but coextensively acknowledged “concerns about its
effects on prices.”
 PATENT LICENSING in INDIA
What is called Patent Licensing?
Patent Licensing is an act of or a process of granting, to a third party, permissions to extricate
benefits by selling and using the licensed product. The patent owner gives license to a third
person to use, sell and extract benefits from his patented invention, for an amount already
decided as royalty.
A patent owner can give away or transfer his interests in a patent to a third person. The
licensor gives away his rights on the invented patented intellectual property for a period of
time over a mutual agreement. During such a period, the licensee can extract benefits and
have rights on the interest on the patent. He may use and make the licensed design and can
also gain profits during the licensed period.
As per Section 68 of the Patent Act, 1970, for a patent license to be valid, the agreement must
be in writing. In the case of PVR Pictures Ltd. vs Studio 18 [2009 SCC Online Del 1878
: (2009) 41 PTC 70]. Delhi HC held that term sheet agreement shall not amount to a license
agreement.

What are the types of Patent License?

There are following five types of patent licensing:

 Exclusive License
An exclusive license is one in which all the rights of the patent is transferred to the
licensee, but the title. In such case, the licensee has all the rights as of the patent
owner except of transferring the patent to another person. This restriction is because,
in such license even with transfer of all other rights the right over the title still rests
with the patent owner. It is exclusively granted to a particular party and hence cannot
be further transferred. In this type of license, the chances of the patent getting
infringed is minimal as the rights are less being exploited and the licensee has the
monopoly over the market.
 Non-exclusive License
In a non-exclusive right, the licensee has the right to sell and make the patented
design, but such right is not exclusive. Patent owner may grant permission to use and
make such patented design to any other person also. In this case, all of them have the
right to make, use and sell the patented design. The rights enshrined by this license
are not exclusive to a particular licensee.
 Sub-license
It is a type if license issued by the licensee to different organizations to make the
products. Sublicense can be said to be granting of certain licensed rights on a product
to a third party by the licensee.
 Cross License
When a product requires support of some other product to make its place in the
market and for better utilization, cross license is preferred. Cross license can be
understood as exchange of license between different organizations and individuals.
 Compulsory License
When the government grants permission to any individuals or organizations to use,
sell or make a patented design or product, irrespective of the will of the patent owner,
for the public good, it is referred to as compulsory license. Compulsory license is
usually seen being granted in the pharmaceutical products and the products which
fulfil the criteria as mentioned in Section 84 of the Patents Act, 1970. The first
 compulsory license, in India, was given to Natco Pharma Ltd. for producing generic
version of Nexavar which was a patented medicine of Bayer Corporation, on March 9,
2012.

What are the advantages of patent licensing?

 Transfer of risks
Manufacturing and production of a design or products have a lot many risks involved.
With patent licensing the patent owner can transfer such risks involved in production
of patent design or product to the licensee.

 Global Market
It becomes difficult for many companies to have a mass production of a product
individually. Patent licensing comes to an aid to overcome this difficulty as it permits
other organizations to produce the patent products and thereby help in mass
production. Patent licensing thus can help in introducing ones invention in the global
market.
 Limited Period
Because patent licensing is done for a limited period, the owner gets back his
exclusive rights over his invention as and when the license duration expires.
 Competitive Advantage
If the patent is licensed to an already established organisation with a large customer
base, the patent product will have a larger market to capture in comparison to other
patents, giving it a competitive edge over other patents.

What are the disadvantages of patent licensing?

 Difficulty in determining licensee

It takes lots of efforts and time to determine the appropriate licensee for the invention.
It is essential to get a potential licensee and have a structured agreement in order to
have the greatest chances of success.
 Loss of control
For the period of license, the patent owner transfers his rights to the licensee. Result
of which is he loses his own control, either partially or fully, on his own invention.
 Risk of licensee's ability
The patent owner relies on the efficiency and abilities of the licensee to effectively
commercialize the patent product. The risk of poor strategy and quality management
can adversely affect the patent reputation and success.

What is the difference between Patent License and Patent Assignment?

Patent License can be referred to be an act of the patent owner where he grants permission to
extract benefits on interests on the patent to a third party for a limited period of time. Such
transfer of rights is temporary in nature. In patent license, the licensee is needed to pay the
royalty to the licensor for the entire duration of the license period whereas, Patent
Assignment can be said to be an act of the patent owner wherein the owner transfers the
exclusive rights of the patent permanently. Such a transfer is recorded in the official patent
record. In patent assignment, the assignee is required to pay the lump-sum amount to the
assignor in the beginning and can later receive profits from the patented invention.
What are the common mistakes committed during patent licensing?

1. The licensee tends to use the patented design or product before signing the license
agreement resulting in patent infringement. The licensee should ensure that he has
signed the license agreement before using or selling the product or design so patented.
2. In a haste of growing rapidly, some inventors fail to find the suitable licensee for their
product and end up granting license to some non-competent party. This results in
failure of the invention which could have had flourished in global market had the
owner opted for an efficient licensee.
3. Lack of awareness regarding the liability of the owner also leads to loss for the
licensee. The licensor is still the owner of the patented product or design, even during
the license period. Thus, he can be held liable for his invention even during the
license period.

What are the approaches to patent licensing?

There are two ways of approaching patent licensing:

 Carrot Licensing
In this case the person or the organisation one wants to do business with is not into
using of the patented technology or the product. The owner of the patent must
convince the party to use his product and how licensing the product or technology be
beneficial for them.
 Stick Licensing
In this case the person or the organization has already used or is using the patented
design, technology or product and thus, has infringed the patent. The owner can file a
suit against the infringer or settle with the infringer agreeing to license his patent.

What is patent licensing royalty rate?

When an inventor license his patent to any third person, they both enter into the license
agreement wherein rights of the patent is given to the licensee and in return the licensor
receives a certain amount of money fixed in the agreement every time the product is [Link]
fixed amount being given to the licensor or the inventor is called as royalty, and the
percentage of net or gross profit decided to be the royalty is referred as patent licensing
royalty rate. Royalty rates generally vary from 0.1 to 25 percent depending on the type of
industry and the invention.

Imperative tips for Patent Owner

Patent owner should think before licensing his patented invention and should thoroughly
study on following points before licensing his patent:

 Whether to invest capital amount or licensing can be better option

 If licensing option is selected then whether an individual or a company can be better
option
 If selling patent is chosen then whether keeping rights on patent is important to or not.
 Market Research is very important before licensing; companies who are
manufacturing a similar kind of product can be checked.
  Showcasing the patented invention is also very important to get the best company as a
licensee.

Considering above points, patent owner can decide the options of licensing, selling or
manufacturing his patented invention. In licensing the patent, the patent owner should
chose licensee carefully and thinks about royalty. A big company can offer good royalty.
The royalty rate can vary from five to twenty percent depending on the licensee.
Conclusion:
1. Patent license should be granted for global reach of the products and those for public
good should be either be compulsory licensed or free licensed.
2. Patent licensing means granting permission to a third party for using/selling patented
invention. Patent owner can get good financial befits by licensing his patented invention.
According to Indian Patent Act 1970, patent licensing should be in written format and
satisfy the clauses stated in Section 84-92 of IPA 1970. The license agreement is between
two parties, one is licensee and other is patent owner or licensor. At most care should be
taken while selecting the licensee and drafting the agreement.

Traditional Knowledge
Definition:
Traditional Knowledge (TK) comprises know-how, knowledge, skills and practices that are
traditionally originated and are passed from generation to generation in a community. TK is
unique for a community and mark as a cultural identity of the community. Some of the
practical examples of TK of India which have gained worldwide popularity are Ayurveda,
Unani, Medicinal Formulations (including components, such as turmeric, neem, etc.).

Protection of TK:
TK based on knowledge is not conventionally protected under IP systems. Most of the
countries have developed a sui generis system for protecting TK that is inclined towards the
dissemination and preservation of TK rather than legal protection associated with it. To
protect the spiritual identity and essence of TK in the community/country, means of
protection are not totally in tune with the current system of IP protection. TK protection is a
way to recognize traditional sources of knowledge and to enable indigenous communities and
governments to have a say in the use of such TKs by others.

Link between TK and TCE:

TK is also linked to Traditional Cultural Expressions (TCEs), commonly known as
‘Expressions of Folklore’. It includes folklore expression in the form of music, dance, art,
designs, signs and symbols, names, performances, architecture forms, ceremonies, narratives
and handicrafts and any other form of artistic/cultural expressions. TK and TCE form a part
of the heritage of the traditional and indigenous community. Some of the prominent TCEs of
India include Bharatnatyam of TamilNadu, Kuchipudi of Andhara Pradesh, Kalaripayattu
martial art of Kerala and many other traditional practices. TK and TCE represent the face of
the community and its people. These people are given due credit and fair and equitable
sharing of the benefits arising from the commercial exploitation of TK and TCE. The
execution of the TK protection system led to the revocation of Patents filed in the US and
other countries on the medicinal properties of turmeric, neem, amla, etc. which are very well
documented in ancient Indian texts.

Agreement on TK:
The major agreements that shaped the development of the sui generis system for the
protection of TK include:
1. Convention on Biological Diversity (CBD), 1993
2. Nagoya Protocol, 2010
3. International treaty on: Plant Genetic Resources for Food and Agriculture‘ of
the Food and Agriculture Organization (FAO), 2001
4. International Union for the Protection of New Varieties of Plants (UPOV),
1991
5. Agreement on TRIPS through the Doha Declaration, 2001 directed TRIPS to
include a perspective on the protection of TK in alignment with CBD.
6. WIPO’s Intergovernmental Committee (IGC) on Intellectual Property and
Genetic Resources, Traditional Knowledge and Folklore, 2000 directed all
member States to comply with the protection of TK.

Protection of TK:

India is the only country to set up an institutional mechanism for the protection of TK. The
TK documentation is undertaken by the Ministry of Science and Technology and Ministry of
AYUSH through the creation of the Traditional Knowledge Digital Library (TKDL) that acts
as a central repository of India‘s TK and has played a major role in the cancellation and
withdrawal of foreign patent applications based on India‘s TK. The digital library is the
major source of documenting India‘s TK in the name of the traditional community as TK
holders. The documented TK in the name of TK Holders (community/tribe/local government
body/state government/central government) acts as a tool to protect TK from any unlawful
rights over existing TKs and to get exclusive IP rights over such TK. India has taken various
legislative and administrative measures to ensure that the TK is protected and fair means of
benefit sharing emerging out of TK is undertaken.

Acts/Laws:

India has no separate legislation for protecting TCEs, but these can be protected under TK
Protection System, Copyrights, Geographical Indications and Trademarks.

Administration:
India has created Traditional Knowledge Digital Library (TKDL) and Traditional Knowledge
Resource Classification (TKRC) to protect Indian traditional medicinal knowledge and
prevent its misappropriation at International Patent Offices.
 Protection of Plant Varieties and Plant Breeders Rights
Plant Variety:
A new plant variety [Any variety that fulfils the Distinctness, Uniformity and Stability (DUS)
criteria] can be registered as the Plant Breeder's Rights (PBRs) to encourage the development
of new varieties of plants. Under the unique system of IPR, protection to new plant varieties
is provided through Plant Breeders’ Right (PBR), granted to the breeder of the new plant
variety. The protection is provided under the independent ‘sui generis’ system (sui generis
system is a unique system in which new national laws and international norms are
administered as per the requirement. Such systems are generally adopted for the IP protection
of biodiversity and genetic resources in most of the countries).

Need for Plant Protection as an IP:

The development of new plant varieties with improved yields, better quality and higher pest
and disease resistance have contributed immensely to agricultural productivity. Plant
Breeders spend years developing new plant varieties with superior characteristics that require
substantial financial investments. Therefore, IP protection of newly developed plant varieties
offers a reward system for breeders and further encourages them to develop new plant
varieties.

Treaties/Conventions/Agreements:

To include plant variety protection under the realm of IP, two main treaties have played an
important role.
1. Union Internationale Pour la Protection des Obtentions Végétales (UPOV) (English
version – International Convention for the Protection of New Plant Varieties), was held in
1961 in Paris
2. TRIPS Agreement (1995)

In alignment with TRIPS Agreement, India selected the sui generis system over patent under
the Plant Variety Protection and Farmers Rights (PVP&FR) Act, 2001. The Ministry of
Agriculture and Farmers Welfare, Government of India, has established Plant Variety
Protection and Farmer’s Rights (PVP&FR) Authority based in New Delhi. The plant breeders
and farmers can register their new plant varieties with PVP&FR Authority and subsequently
claim their ownership rights associated with the registered plant variety. The PVP&FR
Authority issues a ‘Certificate of Registration’ for a new plant variety under PVP&FR Act,
2001 that grants exclusive rights to plant breeder (or licensee/agent/successor) to produce,
market, sell, import or export and distribute the registered variety.

Eligibility (NDUS):
1. Novelty - Plant variety (propagated and harvested material) has not been exploited
earlier than one year in India and earlier than four years outside India.
2. Distinctiveness - Plant variety is distinct in its essential characteristics from other
plant varieties.
3. Uniformity - all plants of the plant variety show the same characteristics (subjected to
variation in generations due to propagation)
 4. Stability - through many generations, essential characteristics of the plant should not
change in terms of quality and content.

Types of Plant Varieties Registered under PVP&FR Act, 2001:

Different types of plant varieties that can be registered in India under the PVP&FR Act are as
follows:
 New Variety - A new variety that confers the criteria of Novelty, Distinctiveness,
Uniformity & Stability (NDUS).
 Extant Variety - A variety can be registered as an extant variety if it is - i) notified
under Section 5 of Seeds Act,1966 or ii) is a farmer‘s variety or iii) variety whose
common knowledge prevails and available in the public domain.
 Farmer’s Variety – This is a variety that is traditionally cultivated and developed by
the farmers in the field. These varieties can be a wild relative of any variety of which
farmer has a common knowledge.
 Essentially Derived Variety - This is a variety that is derived from a new variety of
extant variety or farmer‘s variety.

Plant Varieties which cannot be registered in India:

 Plant variety whose commercial exploitation is detrimental for the environment or
public order or public morality or health or human/animal/plant life
 Plant variety that involves the use of technology which is detrimental to
human/animal/plant life
 Plant variety that belongs to the genera or species which is not listed in the
notification issued by the Government of India.

Validity:
The protection period varies depending on plant variety.
 Trees and Vines - 18 years
 Extant Varieties - 15 years (from the time variety was government notified under
Seed Act, 1966)
 Other crops - 15 years.

Plant Breeders Rights (PBRs):

The exclusive rights granted to the breeders are to produce, sell, market, distribute, export or
import the registered plant variety. However, such rights are exempted for using plant variety
for research purposes.

Farmer’s Rights:
In order to protect and encourage the farmer‘s contribution to conserving and improving plant
genetic resources, farmer‘s rights were introduced. These rights protect farmers from the
stringent IPR, such as patents that confers monopoly over the product/technology patented.
PVP&FR Act 2001 describes farmer as the ‘cultivator’ (cultivating the land himself or
through direct supervision), or one who conserves and preserves any wild species or
traditional varieties, or a breeder who adds value to such wild species and traditional varieties
through selection and identification of their useful properties‘. The Farmer‘s Rights under
PVP&FR Act, 2001 are as follows:

 Rights on seed - provides rights to the farmers to save seeds, use seeds and share,
exchange or sell seeds to other farmers.
 Right to register - provides farmers with the right to register their traditional plant
varieties and procure exclusive rights over their registered variety.
 Right to reward and recognition - farmer‘s contribution to agriculture is rewarded by
means of the award presented by the National Gene Fund under PVP&FR Authority.
 Right to benefit sharing - farmers or tribal communities that contributed to the
development of new crop varieties are entitled to equitable sharing of benefits that
emerge from the new crop variety. In addition to this, India has enacted the Biological
Diversity Act, 2002 for preserving biological diversity existing in India along with
establishing legal mechanisms for equitable sharing of benefits emerging from
traditional biological resources (that also consist of plant varieties and plant products)
and Traditional Knowledge.
 Right to compensation for losses - The registered new plant varieties are subjected to
sell with a number of claims over their performance and successful cultivation
conditions. In case the registered plant variety does not perform as claimed, then
farmers are provided with compensation for the losses.
 Rights against undisclosed use of traditional varieties – this right protect farmers’
interest when a breeder commercially exploits traditional variety and does not
disclose it. The claim can be filed by any person on behalf of the farmer/tribal or local
community.
 Right to access to seed - this right directs the breeders of the registered plant variety to
meet seed demands of the farmers at a reasonable price.
 Right to free service - The farmers are exempted from fees to be paid during stages of
registration of plant variety.
 Right to protection against accusations of infringement- this right protects the farmers
from infringement and other legal accusations levied upon him due to his legal
ignorance in using other‘s plant varieties.

Compulsory Licensing:
PVP&FR Act, 2001 exercises the principle of Compulsory Licensing (CL), subject to the
situation when plant variety is not available to the public at a reasonable price after three
years of registration. The interested person can file an application to PVP&FR Authority for a
grant of CL through Form PV-28.

BIODIVERSITY HOTSPOT
Biodiversity is referred to as the diversity of plant and animal species in a specific habitat.
The two main factors that makeup biodiversity are species evenness and species richness.
India is renowned for having a diverse ecosystem, and 23.39% of its land is covered in trees
and forests with nearly 91,000 identified animal species and 45,500 documented plant
species.
Four of the world’s 36 biodiversity hotspots are located in India: The Himalayas, Western
Ghats, Indo-Burma area, and Sundaland. Two of these, the Indo-Burma area and Sundaland,
are distributed throughout South Asia and are not precisely contained within India’s formal
borders.
What are Biodiversity Hot Spots?
The word “hotspot” describes regions with a high priority for conservation because of their
abundant biodiversity, high endemism, and significant vulnerability. Hotspots for biodiversity
are places with a high concentration of indigenous species. In the case of marine hotspots,
fish, snails, lobsters, and coral reefs are all taken into account. Most hotspots are found in
tropical and subtropical areas, where high temperatures and humidity are typical all year
round. With an elevation above sea level and ocean depth, animal diversity and ecosystem
diversity change. Only 2.5 per cent of the Earth’s land surface is taken up by the 36 hotspots
that exist today, yet they are home to about 43 per cent of the world’s bird, mammal, reptile,
and amphibian species, as well as more than half of its plant species.

Criteria to be satisfied for a biodiversity hotspot

A region must satisfy two strict requirements in order to be considered a biodiversity hotspot:
 Include at least 1,500 vascular plant species that are unique to the planet (known as
“endemic” species).
 Have lost the majority of their native vegetation by at least 70%. In other words, it
must be threatened.

Who Declares Biodiversity Hotspots?

Hotspots were first defined and promoted by Conservation International. Conservation
International was founded in 1989; just one year after scientist Norman Myers published the
article that popularised the idea of safeguarding these beautiful places.

Biodiversity Hot Spots in India

There are four Biodiversity Hotspots in India:
 Himalaya
 Indo-Burma
 Western Ghats
 Sundaland

Himalayas
All of the world’s mountain peaks higher than 8,000 meters, including Mt. Everest (8,849
metres), are found within the Himalayan hotspot, which spans more than 3,000 kilometres
across northern Pakistan, Nepal, Bhutan, and the northwest and north-eastern states of India.
It also has several of the deepest river gorges in the world. The Himalayan Mountain range is
nearly 7.5 million square kilometres in size and is divided into the Eastern Himalaya, which
includes parts of Nepal, Bhutan, the north-eastern Indian states of West Bengal, Sikkim,
Assam, and Arunachal Pradesh, and the Western Himalaya, which includes parts of Kumaon-
Garhwal, northwest Kashmir, and northern Pakistan.

The Himalayan Mountains are home to a variety of ecosystems, including:

 Mixed conifer and conifer forests in the higher hills
 Alpine meadows above the tree line, the tallest alluvial grasslands in the world
 Subtropical broadleaf forests along the foothills
 Temperate broadleaf forests in the mid hills
Even at heights higher than 6,000 meters, vascular plants have been discovered. Numerous
big bird and mammal populations, including vultures, tigers, elephants, rhinos, and wild
water buffalo, can be found in the hotspot.
The worldwide hotspot regions were reviewed and revised in light of species distribution,
threats, and changes in threat status. The Himalayan hotspot was delineated and identified as
separate from the Indo-Burma hotspot.

Threats to Himalayan Biodiversity

 Promoting both outside immigration and internal migration and leading to an

exponential increase in the human population in some of the locations with the greatest
biodiversity.
 Due to widespread legal and illegal logging, especially on steep slopes, as well as the
substantial removal of forests and meadows for farming, there has been serious erosion.
 During the summer, the area is frequently burned to make way for livestock, which
provides an extra hazard to the forest because fires can occasionally go out of control.
 Rapid deforestation and habitat fragmentation were the results of the conversion of
forests and grasslands for agriculture and settlements, mainly in Nepal and the Indian
states of Sikkim, West Bengal (Darjeeling), and Assam.
 Additionally, certain forest ecosystems have been severely harmed by anthropogenic
activities such as domestic cattle overgrazing, overharvesting plants for traditional
medicine, collecting fuel wood, and extraction of non-timber forest products.
 Unplanned and poorly managed tourism operations exacerbate environmental damage.
 In the Himalayas, illegal poaching is a significant problem; tigers and rhinoceroses are
targeted for their body parts for use in traditional remedies, whilst snow leopards and
red pandas are targeted for their stunning pelts.

Indo-Burma
The Indo-Burma hotspot is the largest of the world’s 36 recognised hotspots, covering a total
area of 2,373,000 km2. The Indo-Burma hotspot formerly encompassed parts of north-eastern
India, Bangladesh, and Malaysia. However, Bangladesh, India, and Malaysia are regarded as
extra-limital to the hotspot for the purposes of the ecosystem profile because north-eastern
India is included in the Himalayan hotspot and the hotspot only barely extends into
Bangladesh and Malaysia. The hotspot has an incredible geographic diversity, ranging from
the tallest peak in Southeast Asia to coastlines along the Bay of Bengal, Andaman Sea, Gulf
of Thailand, and South China Sea. Along with several of Asia’s greatest rivers and their lush
floodplains and deltas, it also comprises the eastern extensions of the Himalayas, remote
massifs, and plateaus. Due to the diversity of its landforms and climatic zones, the Indo-
Burma hotspot supports a wide range of habitats and, as a result, a high level of overall
biodiversity.

In the past 12 years, six new species of big mammals have been identified in this area:
 Large-antlered Muntjac
 Annamite Muntjac
 Grey-shanked Douc
 Annamite Striped Rabbit
 Leaf Deer
 Saola
The majority of the endemic freshwater turtle species found in this hotspot are in danger of
going extinct because of overfishing and habitat destruction. The severely endangered White-
eared Night-heron, Grey-crowned Crocias, and Orange-necked Partridge are among the 1,300
bird species that exist.
The hotspot’s most diverse ecosystems are its forests. From evergreen forests with a great
diversity of canopy tree species to semi-evergreen and mixed deciduous forests with few tree
species, the hotspot supports a wide range of forest types.
The hotspot’s limestone karst formations are home to extremely rare ecosystems with high
levels of endemism, especially in plants, reptiles, and molluscs—species that are entirely
unique and are found nowhere else.

Threats to Indo-Burma
Indo-Burma is one of the top five most endangered biodiversity hotspots, according to
Conservation International, due to the rate of resource extraction and habitat loss.

 The greatest threats to this hotspot’s biodiversity are logging, over-exploitation of

natural resources, industrial agriculture, trade and consumption of wildlife, the building
of massive infrastructures including dams, highways, and ports, and climate change.
 In Indo-Burma, commercial timber exploitation ranks second among the causes of
deforestation.
 The loss of habitat has had an effect on other landforms, including wetlands and
freshwater floodplain swamps.
 Large tracts of mangroves have been contained within aqua-cultural ponds, and many
rivers have been dammed and altered.
 Mangroves, lagoons, marshes, and other natural wetlands, including several Ramsar
sites in the hotspot’s coastal zones, have undergone substantial conversion into shrimp
and fish farms or have been removed for charcoal and fuel-wood.

Western Ghats
The Western Ghats sometimes referred to as the Sahyadri Hills locally, are made up of the
Malabar Plains and a group of mountains that extend 30 to 50 kilometres inland and parallel
to India’s western coast. With just the 30 km Palakkad Gap in between, they span 1,600 km
from the southernmost point of the nation to Gujarat in the north, covering an area of over
160,000 km2. By blocking the south-western monsoon winds, the Western Ghats control the
amount of rain that falls on peninsular India. Every year, a lot of rain falls on the western
slopes of the mountains, with most of it falling during the southwest monsoon between June
to September. Rainfall drops off as you move from south to north, while the eastern slopes
are drier. Numerous rivers, including the three main eastward-flowing rivers on the
peninsula, originate in these highlands. As a result, they serve as essential sources of power,
irrigation, and drinking water.

There are many different types of vegetation in the Western Ghats due to the region’s
complicated geography and varying rainfall patterns. They include scrub forests in low-lying
rain shadow regions and on the plains, deciduous and tropical rainforests up to a height of
roughly 1,500 m, and an exceptional mosaic of montane forests and rolling grasslands above
that altitude.
Threats to the Western Ghats
 The forests of the Western Ghats have been heavily fragmented and selectively cut
across their whole range.
 For monoculture plantations of tea, coffee, rubber, oil palm, teak, eucalyptus, and
wattle as well as to make room for reservoirs, highways, and railways, forests have
been removed.
 More forests are lost due to encroachment into protected areas. On slopes that were
once covered in forest, cattle and goat grazing inside and close to protected zones
severely erodes them.
 The majority of the remaining forest cover is made up of disturbed secondary growth
or wood plantations.
 Intense hunting pressure, fuel-wood extraction, and the harvesting of non-timber forest
products are placed on the few surviving forest sections.
 Other concerns include unrestrained tourism and forest fires.
 The conflict between humans and wildlife has increased as a result of population
growth in protected zones and other woods. In an effort to stop more harm, wild
animals are routinely killed or hurt, and farmers are typically under-compensated.

Sundaland
The Sundaland hotspot includes the western half of the Indo-Malayan archipelago, which is
made up of about 17,000 equatorial islands. Borneo (725,000 km2) and Sumatra are two of
the largest islands in the world (427,300 km2). Almost all of Malaysia including Peninsular
Malaysia and the East Malaysian states of Sarawak and Sabah in northern Borneo, Singapore
at the tip of the Malay Peninsula, Brunei Darussalam, and the western half of Indonesia,
including Kalimantan, are included in Sundaland. A small portion of southern Thailand the
provinces of Pattani, Yala, and Narathiwat is also included the Indonesian portion of Borneo,
Sumatra, Java, and Bali. India is in charge of the Nicobar Islands, which are also included.
The 7,100 islands of the Philippines Hotspot are direct to the northeast of Wallacea, which is
separated from Sundaland Hotspot by the renowned Wallace’s Line.

Threats to Biodiversity in Sundaland

 The stunning flora and wildlife of the Sundaland Hotspot are being rapidly destroyed
by industrial forestry on these islands
 Global traffic in animals uses tigers, monkeys, and turtle species for food and medicine
in other nations.
 Only in this area are orang-utans located, and their population is rapidly declining.
 The Indonesian islands of Java and Sumatra are also home to some of the final refuges
for two Southeast Asian rhino species.
 Like many other tropical regions, the forests are being destroyed for business.
 The production of pulp, oil palm, and rubber are three of the most harmful factors
endangering biodiversity in the Sundaland Hotspot.
Conclusion
India is renowned for having the world’s richest flora, with over 18000 species of blooming
plants, and has a diverse climate, topography, and habitat. Three thousand different plant
species can be found in India’s eight primary floristic zones, which are the Western and
Eastern Himalayas, the Indus and Ganges, Assam, the Deccan, Malabar, and the Andaman
Islands. The good climatic conditions, fertile soil, suitable temperature, and an abundance of
precipitation, which promote the growth of numerous plants, are the causes of the vast
diversity of Indian biodiversity hotspots. These regions are heavily wooded, with savannah
grasslands and tropical and subtropical forests. They are distinguished by the nation’s largest
rivers, have rich alluvial soil, and can therefore support a wide variety of animals and plants.
In terms of ecology and energy production, these regions are incredibly productive.

Wildlife Sanctuary, Biosphere Reserves and National Parks

Wildlife consists of the prime habitat on a large ratio of the globe. Wildlife family exist in
almost every part, from the peaky mountains to the steep ground level areas. Modernisation
and urbanisation are destroying most of the living space for wildlife, and it is alarming for
most species. It will lead to a severe imbalance in the nature and habitat of all living
organisms. So, it has become essential to save, preserve and manage biodiversity to maintain
the accurate balance in the habitat. Wildlife sanctuaries, biosphere reserves and national parks
are designated destinations to save and preserve these natural habitats.
 Wildlife Sanctuary:

The wildlife sanctuaries are the areas reserved for the wild habitat, including animals,
reptiles, birds, insects etc. These are the unique places where the animals with the danger of
extinction are preserved and saved. Some of the rarely found species on earth also have a safe
home in the wildlife sanctuary to make their population viable for the future. The wildlife is
considered a prominent natural heritage as most of them are on the edge of extinction and
rare species have a peaceful life here. Under the threat of deforestation and urbanisation,
many wildlife creatures need permanent protection and a favourable atmosphere to live in.
Wildlife positively fulfils this condition, and presently in India, there are over 553 wildlife
sanctuaries preserving a huge ratio to rare species which are under the range of extinction.
Wildlife sanctuaries of India are classified as IUCN Category IV protected areas. As of
January 2023, 567 wildlife sanctuaries were established in India, covering
122,564.86 km2 (47,322.56 sq mi). Among these, Project Tiger governs 53 tiger reserves,
which are of special significance for the conservation of the Bengal tiger. The oldest bird
sanctuary is Vedanthangal Bird Sanctuary near Chennai in Tamil Nadu state, and was
established in 1796. Mihintale, situated 13 km east of the ruins of the great city,
Anuradhapura, Sri Lanka, was declared as wildlife sanctuary in 247 BC by King
Devanampiya Tissa and expected to be the first ever Wildlife Sanctuary.

Characteristics:
There are certain specific characteristics of the wildlife sanctuaries, making it a special place
for wild species. These characteristics define the wildlife sanctuary in a better manner. Let’s
discuss some of them:
 The wildlife sanctuary is a natural region under government or a private agency to manage
and maintain the particular area
 According to the Protection Act 1972, the wildlife sanctuaries are considered the protected
area under constitutional property
 The area is strictly designated for wildlife preservation under the maintenance team of the
government of that specific region

Biosphere Reserves:

Biosphere reserves are large areas that include national parks and animal wildlife sanctuaries.
These build the high ratio of natural habitat with constitutional protection under the particular
protection policies and arrangements. There are around 18 biospheres in India with high-end
arrangements to manage the balance between humans and nature.

Characteristics of Biosphere Reserve:

There are specific characteristics of biospheres that distinguish them from other protective
regions. Below are the mentions:
 These areas cover large regions covering multiple national parks and wildlife sanctuaries
protecting a large number of rare species on the edge of extinction
  No outside entities are allowed for tourism or any research purposes in these areas
 The areas have the division under three basic categories. Core, buffer and Marginal according
to which the area is defined

National Parks:

National parks are the region that protects the complete ecosystem, including species, flora,
fauna, landscape, etc., of that particular region. The national parks protect the wildlife and
maintain the diversion of the environment and landscape for future generations. There are
approximately 106 national parks in India maintaining this balance each day for propagating
this conservation for the future. In 1872, Yellowstone National Park was established as the
United States' first national park, being also the world's first national park. National parks in
India are IUCN (International Union of Conservation of Nature) category II protected
areas. India's first national park was established in 1936, now known as Jim Corbett National
Park, in Uttarakhand. In 1970, India had only five national parks. In 1972, India enacted
the Wildlife Protection Act and Project Tiger in 1973 to safeguard the habitats
of conservation reliant species and currently there are 106 national parks in India. Further
federal legislation strengthening protection for wildlife was introduced in the 1980s.

Characteristics of National Parks:

There are some unique characteristics of the national parks, making them an integral part of
the national property under special regulations and laws. Let’s discuss:
 The area is entirely under the government’s control, and no area is authorised for any private
activity.
 The area has high-end protections from industrialisation, urbanisation, and pollution.
 No activities like cutting, grazing or any outside species can enter the arena of national parks.

Wildlife Sanctuary Biosphere Reserves National Parks

Biospheres protect entire diversity, including The national parks protect
The wildlife sanctuaries the various plants and animals found in that historical antics, plants and
protect only wild animals. area. It empowers the tribal habitat of a animals under the complete
particular area. ecosystem.

The boundaries are fixed as

The boundaries of the wildlife
Biospheres have fixed boundaries. per the government
sanctuaries are not fixed.
regulations.
These can be under the Government has complete
government or owned under The government owns the biosphere. power over the national
private entities. parks.
The wildlife sanctuaries own a Comparatively to both, they have a large National parks cover small
small area. area. region.
 Partial restrictions are
Human activities are permitted
applied, and no activities are
with minor restrictions Human activities are strictly prohibited.
permitted in core regions of
compared to the other two.
the national park.

Conclusion:

Here is the description regarding the wildlife sanctuaries, biospheres and national parks and
their differences. All the regions are made to preserve biodiversity and maintain the balance
of the ecosystem. It is imperative to maintain the balance between all species and humans.
Due to rapid industrialisation and modernisation, many beautiful species are at the edge of
extinction. Wildlife sanctuaries, biospheres and national parks are active in their way and
region to protect them and provide a peaceful surrounding to grow and breed.

BIOSPHERE RESERVES IN INDIA

1 Nilgiri Biosphere Reserve Tamil Nadu, Kerala and Karnataka 2000

2 Gulf of Mannar Biosphere Reserve Tamil Nadu 2001

3 Sundarbans Biosphere Reserve West Bengal 2001

4 Nanda Devi Biosphere Reserve Uttarakhand 2004

5 Nokrek Biosphere Reserve Meghalaya 2009

6 Pachmarhi Biosphere Reserve Madhya Pradesh 2009

7 Simlipal Biosphere Reserve Odisha 2009

8 Great Nicobar Biosphere Reserve Andaman & Nicobar Islands 2013

Achanakmar-Amarkantak Biosphere
9 Chhattisgarh, Madhya Pradesh 2012
Reserve
10 Agasthyamalai Biosphere Reserve Kerala and Tamil Nadu 2016

11 Khangchendzonga National Park Sikkim 2018

12 Panna Biosphere Reserve Madhya Pradesh 2020

LIST OF IMPORTANT ABBREVIATIONS

SL
Acronym Full form
NO.
1 ABC Accessible Books Consortium
2 ADR Alternative Dispute Resolutions
3 AICTE All India Council for Technical Education
4 APCTT Asian and Pacific Centre for Transfer of Technology
5 ARDI Access to Research for Development and Innovation
6 ASPI Access to Specialised Patent Information
7 AYUSH Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy
8 BIRPI Bureaux for the Protection of Intellectual Property
9 CBD Convention on Biological Diversity
10 CDRI Central Drug Research Institute
11 CD-ROM Compact Disc-Read Only Memory
12 CEAC Copyright Enforcement Advisory Council
13 CFTRI Central Food Technological Research Institute
14 CGPDTM Controller General of Patents, Designs and Trademarks
15 CIPAM Cell for IPR Promotion and Management
16 CICS Centre for International Cooperation in Science
17 CL Compulsory Licensing
18 CLRI Central Leather Research Institute
19 CSMCRI Central Salt and Marine Chemicals Research Institute
20 DIPP Department of Industrial Policy and Promotion
21 DPIIT Department of Promotion of Industry and Internal Trade
22 DUS Distinctiveness, Uniformity and Stability
23 EPV Essentially Derived Variety
24 EPO European Patent Office
25 FAO Food and Agriculture Organization
26 FER First Examination Report
27 FTA Free Trade Agreements
28 GATT General Agreement on Tariffs and Trade
29 GDP Gross Domestic Product
30 GI Geographical Indications
31 GIR Geographical Indications Registry
32 ICAR Indian Council of Agricultural Research
33 ICMR Indian Council of Medical Research
34 IICT Indian Institute of Chemical Technology
35 ID Industrial Designs
36 IEEE Institute of Electrical and Electronics Engineers
37 IFC Innovation Facilitation Centres
38 IGC Intergovernmental Committee
39 IIP Indian Institute of Petroleum
40 IISER Indian Institutes of Science Education and Research
41 ILO International Labour Organization
42 IMTECH Institute of Microbial Technology
43 InPASS Indian Patent Advanced Search System
44 IOC International Olympic Committee
45 IP Intellectual Property
46 IPAB Intellectual Property Appellate Board
47 IPAIRS Improvised Version of Previous Search Engine
48 IPAS Industrial Property Automation System
49 IPEA International Preliminary Examination Authority
50 IPFC Intellectual Property Facilitation Centre
51 IPIC Intellectual Property in Respect of Integrated Circuits
52 IPM Intellectual Property Management
53 IPO Indian Patent Office
54 IPR Intellectual Property Rights
55 IPRSL Indian Performing Right Society Limited
56 ISA International Searching Authority
57 IUCN International Union for Conservation of Nature
58 IVRI Indian Veterinary Research Institute
59 JNCASR Jawaharlal Nehru Centre for Advanced Scientific Research
60 KFC Kentucky Fried Chicken
61 MCC Microbial Culture Collection
62 MSME Micro, Small and Medium Enterprises
63 NBA National Biodiversity Authority
64 NCL National Chemical Laboratory
65 NDA Non-Disclosure Agreement
66 NDUS Novelty, Distinctiveness, Uniformity & Stability
67 NIF National Innovation Foundation
68 NII National Institute of Immunology
69 NIIH National Institute of Immunohaematology
70 NIPER National Institute of Pharmaceutical Education and Research
71 NLU National Law University
72 NML National Metallurgical Laboratory
73 NPL Non-patent Literature
74 NRDC National Research Development Corporation
75 NRL National Research Laboratories
76 OWA Original Work of Authorship
77 PCT Patent Cooperation Treaty
78 PPH Patent Prosecution Highway
79 PDTC Programme for Development of Technology Inspiring for Commercialization
80 PETA People for the Ethical Treatment of Animals
 81 PGIMER Post Graduate Institute of Medical Education & Research, Chandigarh
82 PIC Patent Information Centres
83 PIH PepsiCo India Holding
84 PIII Programme for Inspiring Inventors and Innovator
85 PLT Patent Law Treaty
86 PPL Phonographic Performance Limited
87 PPV & FR Protection of Plant Varieties and Farmers’ Rights
88 RGNIIPM Rajiv Gandhi National Institute of Intellectual Property Management
89 SSB State Biodiversity Board
90 SCRIPT Society for Copyright Regulation of Indian Producers for Film and Television
91 SICLDA Semiconductor Integrated Circuits Layout-Design Act
92 SICLDR Semiconductor Integrated Circuits Layout Design Registry
93 SIPP Scheme for Facilitating Start-ups Intellectual Property Protection
94 SISA Supplementary International Search
95 SRISTI Shared Research Infrastructure for Science, Technology and Innovation
96 STI Science, Technology and Innovation
97 TCE Traditional Cultural Expressions
98 TESS Trademark Electronic Search System
99 TIFAC Technology Information Forecasting and Assessment Council
100 TISC Technology and Innovation Support Centres
101 TK Traditional Knowledge
102 TKDL Traditional Knowledge Digital Library
103 TKRC Traditional Knowledge Resource Classification
104 TLT Trademark Law Treaty
105 TM Trademark
106 TPS Technology Policy Statement
107 TRIPS Trade-Related Aspects of Intellectual Property Rights
108 TS Trade Secrets
109 UNESCO United Nations Educational, Scientific and Cultural Organization
110 UPOV International Union for the Protection of New Varieties of Plants
111 URDIP Unit for Research & Development of Information Products
112 USITC United States International Trade Commission
113 USPTO United States Patent and Trademark Office's
114 WCT WIPO Copyright Treaty
115 WIPO World Intellectual Property Organization
116 WIPOCOS WIPO Copyright Management System
117 WOS Women Scientists Scheme
118 WPPT WIPO Performances and Phonograms Treaty
119 WTO World Trade Organization
120 YAHOO Yet Another Hierarchical Officious Oracle

BIBLIOGRAPHY & ACKNOWLEDGEMENT:

1. Intellectual Property - A Primer for Academia - Prof. Rupinder Tewari, Ms.

Mamta Bharadwaj
2. Intellectual Property Rights Laws & Practices - THE INSTITUTE OF
COMPANY SECRETARIES OF INDIA
3. Sources from internet, [Link] , [Link] and all.