CONCEPT AND CHARACTERISTICS OF INTELLECTUAL PROPERTY

Intellectual Property Rights: Concept, Characteristics and Justifications

Intellectual property rights (IPR) are the rights granted to individuals over the creations of their minds, such
as inventions, literary and artistic works, designs, and symbols, names, and images used in commerce.
Intellectual property is the product of human intellect, encompassing creativity, concepts, inventions,
industrial models, trademarks, songs, literature, symbols, names, and brands.

History of Intellectual Property Rights

The development of IPR is marked by several historical milestones:
1. Renaissance Origins: It is believed that IPR began in North Italy during the Renaissance era.
2. Venetian Patent Law (1474): Venice issued a law regulating patent protection, which granted exclusive
rights to the owner.
3. Gutenberg’s Printing Press (1440 A.D.): The roots of copyright date back to the invention of the printing
press with replaceable wooden or metal letters.
4. 19th Century Global Regulation: In the late 19th century, nations recognized the need for regulated IPR
laws.
5. International Conventions: Two foundational conventions were signed: the Paris Convention for the
Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and
Artistic Works (1886).

Purpose and Protection of IPR

1. Benefit to Creators: Protection allows innovators, brand owners, and patent or copyright holders to
benefit from their work, labor, and investment.
2. Not a Monopoly of Intellect: While it provides exclusive rights, it is not considered a monopoly of the
intellect itself.
3. Human Rights Context: These rights are established in the International Declaration of Human Rights,
which ensures the right to benefit from the protection of moral and physical interests resulting from a
creator's literal or artistic product.
4. Legal Recourse: Owners are entitled to prevent others from using or tampering with their products
without permission and can legally sue for compensation for damages.

Nature & characteristics of Intellectual Property Right:

1. Intangible property: IP does not cover the created physical object but retains the conceptual development
behind the physical object. Intellectual property law does not deal with the material object in which works of
the mind have represented. The main feature which distinguishes IP from other types of property is its
intangibility. IP is about a person’s ability to produce a new idea and put it before the public. Intellectual
property: The product does not have any property as such but the strength, judgement, and initiative of the
mind that is included in the product. This generates more theoretical value. IPR is awarded in a specific
authorship work, mark, design, etc. for the integration of ideas.
2. Rights & duties: IP not only gives rise to rights of ownership but also to duties. In relation to his
work/product, the IP owner has the right to conduct such actions. He is entitled exclusively to produce, copy
the work, market the work, etc. He has a negative right also to rule out the exercise of his statutory rights for
third parties. In this way, IPR law grants the proprietor’s exclusive right to exclusion. The reciprocal
requirement must not be infringed on the right by all others. The privilege resulting from the application of IP
law gives the owner the right to use the job. Such a right does not extend to others except the IP holders.
3. Creation of statute: Intellectual property is derived from common law, and it is covered under specific
laws. In accordance with relevant legislation, IPRs are statutory rights. Intellectual property, to put it
differently, is statute formation. The right holder is protected by proposals, technical solutions or any other

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knowledge conveyed in a legally acceptable manner and subject in some instances to registration procedures.
In addition, in the case of certain types of IPR, as is the case for patents and product designs the registration
of the work is compulsory according to the applicable legislative requirements, whereas it is voluntary to
register with respect to certain other forms of IPR such as trademarks, copyrights or geographical indications.
Some other formalities must be met to obtain such IP privileges. For example, microorganism patent.
Similarly, it is a must for the divulgation of an invention to secure a patent. IPR award is exclusively
conditional on all statutory requirements.
4. Territoriality: Intellectual property laws are mainly territorial and apply only within the relevant
competence. Although the TRIPS agreement sets the minimum standard in its respective municipal laws for
all nations, the IP laws around the world are not harmoniously United. Full IPRs legislation is not in effect. In
order to secure and implement their IPR, developers and inventors of different kind of IPs have to comply
with their national law and jurisdictions. The extent of security depends on the national legislation in question.
5. Assignable: They should obviously be granted because they are privileges. A dichotomy between rights to
intellectual property and the actual form in which the work is embedded is conceivable. IP may be bought,
sold or licensed, employed, or affiliated.
6. Dynamism: The IPR is constantly changing. The IP sector is also developing accordingly, as technology
in all areas of human activities is changing exponentially. In accordance with the demand for scientific and
technological advancement the scope of its defense is being extended and new items are being added to the
IPRs sector. Copyright and protection of plant variety are mentioned as a few of the current developments in
the field of IPR. Technological progress and social development require a steady reassessment of the IPR
system. In the technological era, developments particularly in the field of IT and biotechnology, require the
regular review of IPRs.
7. Subject to public policy: They are exposed to the profound incarnation of public policy. IP seeks to
maintain and find a suitable reconciliation between two competing interests. On one hand, customers try to
take up works without much trouble, and on the other hand, the owners of intellectual rights need to be
adequately compensated.
8. Subject matter of IPR protection: Intellectual property rights eligibility depends on the protection issue.
Also, products specifically identified and acknowledged in the Law as the subject of protection are entitled to
intellectual property rights. While the minimum requirements laid down in law may be included, protection
may still be defined if it is expressly omitted from the subject matter entitled to protection.

The Classical justification for intellectual property rights

The debate about the justification of intellectual property rights is as longstanding as these rights have been
implemented under the jurisdictions of western societies. Over time, three classical justifications have been
developed, which are often used in combination to argue in favour of intellectual property rights. One
characteristic of these rights is that they grant monopoly rights for the economic exploitation of creative work
on an invention for a certain time period. But interestingly it seems to be clear, even for the strongest proponent
of such monopoly rights that some restrictions to the execution of intellectual property rights have to be set.

Justification by natural law

The most common and most important justification starts with Locke’s natural law justification for the
appropriation of worldly resources. Locke starts with his important claim for self-ownership, from which he
concludes that a person not only owns himself but also the results of his good work, as long as he leaves
enough as good for others. Locke asserts that the intermingling of the self–owners labour with natural
resources makes the result of this work his property. Even if this mixing metaphor has generated a lot of
critics, it has remained one of the most used arguments for the justification of the appropriation of natural
resources and the result of the authors labour, therefore he is only owner deserves to benefit from it
exclusively.

IPR for economic development

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Protection of intellectual property rights (IPRs) serves a dual role in economic development. While it promotes
innovation by providing legal protection of inventions, it may retard catch-up and learning by restricting the
diffusion of innovations. This book aims to address whether stronger IPR protection in a developing country
encourages technology development, covering diverse forms of IPRs, diverse actors in innovation, and diverse
cases from Asia and Latin America.

Conclusion
While the basic social objectives of intellectual property protection are as outlined above, it should also be
noted that the exclusive rights given are generally subject to a number of limitations and exceptions, aimed
at fine-tuning the balance that has to be found between the legitimate interests of right holders and of users.

PATENTABLE AND NON-PATENTABLE INVENTIONS

A. Introduction

A patent is a legal document which is issued by the government to the inventor. The patent grants an inventor
absolute & exclusive ownership rights over the invention, the freedom to use and sell the invention for a
stipulated time period. The word “patent” refers to the absolute rights of ownership over the patent. The
judicial definition of a patent is specified in Section 2(1)(m) of the Patents Act, 1970. The Patent law is a
branch of the broader field of intellectual property rights which is inclusive of copyrights, trademarks,
industrial designs among others. The main intention to provide distinguishing rights to an inventor is to
encourage innovation, research and development in order to advance the state of technology. In the supreme
court case of Bishwanath Prasad Radhey Shyam versus Hindustan Metal Industries, the court highlighted
the object of patent law as below:

“The object of Patent Law is to encourage scientific research, new technology and industrial progress. Grant
of exclusive privilege to own, use or sell the method or the product patented for a limited period, stimulates
new inventions of commercial utility. The price of the grant of the monopoly is the disclosure of the invention
at the Patent Office, which after the expiry of the fixed period of the monopoly, passes into the public domain.”

Initially, the Patents Act,1970 provided ownership of an invention for a comparatively shorter period of
protection for pharmaceutical and medicinal preparations. However, post Amendment (Act) 2005, 20 years of
protection was granted to all kinds of patents, beyond which it is open for use by anyone. Under the Act, all
kinds of product or process patents can be patented if they are new, involves an inventive step & possess an
Industrial application. Before getting an idea patented, the inventor must ensure for its patentability.

B. There are three requirements which are required to be fulfilled for an idea to qualify as a patentable
matter:

1. Novelty: The invention is required to be novel in nature to be patentable under the Indian Patent Law. The
invention must contain one or more unique and new elements.

2. Non-Obvious: The person possessing the skills in the particular field of the invention must not find any
obviousness in the invention. Simple or obvious changes to an existing invention cannot be called an
invention. The invention must be a notable change in the field. The particular feature must add to existing
technical knowledge that is, in terms of uniqueness and commercial viability.

3. Industrial Application: The invention must have some utility. The invention is patentable if it is capable
of commercialization.

Every idea which should possess the above three qualities for an idea to be patented under the Patents Act,
1970. Any invention which falls under section 3 of the Patents Act 1970 is not patentable per
se. Furthermore, in the landmark matter of Bajaj versus TVS, the high court inclined towards understanding
the advancements of the technology in the patents in question in the context of prior arts to know whether or
not the invention involves a technological advancement or an inventive step.

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C. What does “patent” and “invention” mean in India?

A patent is an exclusive right granted by the Government to the inventor for a limited period (generally 20
years from the filing date). In return, you disclose how your invention works so that society benefits from the
knowledge.

Under the Patents Act, 1970, an invention means a new product or process that involves an inventive step and
is capable of industrial application. In simple words:

1. New (Novelty): No one, anywhere in the world, has publicly disclosed the same thing before your filing
date. If it is on a website, in a journal, in a talk, on YouTube, or even in a prior patent—then it is not new.

2. Inventive step (Non-obviousness): Your invention should not be an obvious change for a skilled person
in that field. There has to be a creative leap or a technical advance, not just routine tinkering.

3. Industrial application (Utility): Your invention must be useful and workable in industry. It should solve
a real technical problem and be capable of being made or used.

D. What types of inventions are generally patentable?

India does not maintain a fixed “allowed list”. Instead, if your subject matter meets the three tests above and is
not excluded by Sections 3 and 4 of the Act, it is usually patentable. Common patentable categories include:

1. Product inventions: These include machines, devices, pharmaceutical compounds, chemical

compositions and engineered materials. If you have developed a new drug molecule or a new sensor
module that improves accuracy, it can be patentable if the core idea is new and non-obvious.
2. Process inventions: These are methods of making something or achieving a technical result. A new
manufacturing method that reduces impurities, or an improved purification process, can be patentable if it
delivers a technical effect.
3. Software-related inventions with technical effect: Pure software “as such” is excluded, but computer-
related inventions that show a clear technical contribution—such as better resource scheduling on
hardware, improved signal processing, or secure transaction protocols implemented with specific system
architecture—can qualify. The claim drafting must highlight the technical effect and tie it to hardware or
a practical system.
4. Biotech and life-science inventions: Genetically engineered microorganisms, vaccine compositions,
diagnostics kits with specific technical features, or industrial enzymes may be patentable when they are
new, inventive and industrially applicable.
5. Electronics and telecom: Circuit designs, communication protocols with technical improvements (e.g.,
lower latency, higher throughput), power-management schemes and sensor fusion methods can be
patentable if the claims show measurable technical advantages.

E. The three patentability criteria—explained with plain examples

1. Novelty: Suppose you design a new valve geometry that reduces leakage. If a prior research paper already
shows the same geometry, you lose novelty. A small cosmetic change will not save you. Keep your
invention confidential until you file.

2. Inventive step: If a skilled engineer could combine two known valves from earlier literature in a routine
way to reach your design, it will be called obvious. But if your geometry achieves an unexpected
performance jump (say, 30% less leakage due to a specific contour you defined and proved), you can argue
inventive step.

3. Industrial application: A theoretical equation alone is not enough. You should show that the valve can
be made and used in an engine, a pipeline, or a pump system, and that it solves a practical problem.

F. What cannot be patented in India? (Sections 3 & 4)

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Even if something appears new or useful, Sections 3 and 4 list categories that the law excludes from patent
protection. Here is a simple, practical tour:

1. Frivolous or contrary to natural laws (s.3(a)): Machines that claim perpetual motion or “free energy”
are not patentable because they violate physics.

2. Against public order or morality; harmful to life or environment (s.3(b)): A device primarily meant
to facilitate crime or cause serious prejudice to humans, animals or the environment will be refused.

3. Mere discovery of a scientific principle or abstract theory (s.3(c)): You cannot patent Newton’s laws
or a mathematical formula itself. You need a technical application.

4. Mere discovery of a new form of a known substance without enhanced efficacy (s.3(d)): This is very
important in pharma. If you claim a new crystalline form, salt, or polymorph of a known drug, you must
demonstrate significantly enhanced therapeutic efficacy, not just better stability or flow. This provision
prevents “evergreening”.

5. Mere admixture resulting only in aggregation (s.3(e)): Mixing two known chemicals that simply show
the sum of their usual properties is not an invention. You must show synergy—the mixture achieves
something unexpected and better than the parts.

6. Mere arrangement or duplication of known devices (s.3(f)): Putting known tools together in a
straightforward way, each working as usual, does not count. There should be a new functional relationship
producing a new result.

7. Methods of agriculture or horticulture (s.3(h)): Basic cultivation methods are not patentable.
However, agri-related compositions (like a novel fungicidal formulation) and machines can be, if they
meet the tests.

8. Medical, surgical, diagnostic and therapeutic methods for humans/animals (s.3(i)): You cannot patent
a method of treatment. This protects doctors’ freedom to treat. Devices, compositions and diagnostic kits
may still be patentable; it is the method of treatment that is excluded.

9. Plants and animals in whole or any part, and essentially biological processes for their production
(s.3(j)): Plant varieties and animal breeds are excluded. India protects plant varieties under a separate law
(PPVFR Act). Microorganisms can be patentable if novel and useful.

10. Mathematical or business methods or computer programs per se (s.3(k)): Pure business methods or
bare algorithms are excluded. But software-linked inventions that produce a technical effect with specific
hardware or system architecture can be eligible when claimed correctly.

11. Aesthetic creations and works protectable by copyright (s.3(l)): Artistic works, music, films, etc., are
not inventions; they are protected, if at all, under the Copyright Act.

12. Schemes, rules or methods of mental act or playing a game (s.3(m)): Strategies for chess or mental
calculations are not patentable.

13. Presentation of information (s.3(n)): Ways of displaying data (tables, dashboards, charts) as such are
excluded.

14. Topography of integrated circuits (s.3(o)): Protected under a separate law; not through patents.

15. Traditional knowledge (s.3(p)): Things long known to communities (like turmeric’s antiseptic
properties) cannot be patented.

16. Atomic energy-related inventions (Section 4): Inventions falling under the Atomic Energy Act are
excluded from patenting.

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G. Important case law highlights on patents

1. Novartis AG v. Union of India (2013): The Supreme Court clarified Section 3(d). A new form of a
known drug must show enhanced therapeutic efficacy to be patentable. Improved properties like better
stability or flow are not enough unless they translate into better therapy. This case is the anchor against
ever greening.

2. Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries (1979): The Court said an
improvement over a known device must be more than a workshop variation. It should produce a new
result, a better product, or a cheaper article in a non-obvious way.

3. Computer-related inventions (various Delhi High Court decisions): Courts have repeatedly noted
that pure algorithms, business methods, or software per se are excluded. But when you demonstrate
a technical effect/technical contribution tied to hardware or system architecture (e.g., resource
scheduling, cache management with measurable system gain), you can cross the Section 3(k) hurdle if the
claims are drafted to the technical solution.

4. Agriculture and plant-related inventions: India does not patent plant varieties (Section 3(j)). Instead,
plant varieties are protected under the PPVFR Act, which also recognises farmers’ rights to save and use
seeds (with limits on branded sales).

WELL KNOWN TRADEMARK

Well known Trademark was introduced during the year of 2017. At present the list has 81 trademarks declared
as “well-known” by judicial and quasi-judicial authorities in India. Anyone can file an application for a well
known trademark for safeguarding and protecting against passing off an infringement of trademark. Well
known Trademark are recognised in India on the basis of the reputation nationality, internationally and cross-
border.

Registrar while determining whether a mark is well-known in a relevant section of public shall take into
account the actual number of consumers, the number of people involved in the channel of distribution of goods
or services and the business circles dealing with the goods or services.

When a person applies for well known trademark no one can use that name for any other services. For example,
Google has been trademark by Alphabet Incorporation. They can only use Google for any goods and service,
and no one can use even if it is not related to internet industry.

Cases dealing with Well known Trademark

In the case of Daimler Benz V Hybo Hindustan the defendant was using the logo and the word Benz for
which plaintiff got an injection. The court recognised that plaintiff has this logo as a well known trademark
on the ground of transborder reputation and Goodwill granted injunction against the use of logo and other
things by the defendant.

In the case of Rolex Sa V Alex Jewellery Private Limited & ors is a similar case. A company was using the
trade name of “Rolex” for making artificial jewellery which was a well known brand for watches. Plaintiff
gave a case against the defendant for using the trade name Rolex. The court held that the people would get
confused when they see the name Rolex and also said that the watch company Rolex has a well known
Trademark. This will be affecting the business and goodwill of the plaintiff. For this reason, the court
considered Rolex to be a well known Trademark and granted injunction against the act of the defendant.

Rule 124 of Trade Mark Rules 2017 permits the trademark owners to file a request for grant of “well-known”
trademark to the Registrar in form TM-M. Before the coming up of this rule, a mark was declared well-known
only after proceedings, rectification and opposition held before the Hon’ble courts. With the commencement
of this rule and the procedure laid thereof, a trademark owner can request for a well-known trademark without
getting into any proceedings or rectifications.

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 Rule 124 ensures a trademark to be granted the tag of “well-known” merely by an application of request to
the Registry. Section 11 (2) of trade marks Act 1999 protects the well known trademarks. According to this
clause well known trademarks are to be recognised and protected across all the classes of goods and services.
This also means that any identical or similar product can also be not there.

Section 11 is also giving the conditions required for well known Trademark registration and filing of a well
known trademark application. It should be given with the relevant documents, evidence and a fee of 1 lakh
rupees. There are remedies available to an owner of well known mark when someone misuses it. If someone
misuses it, he can be punished punitively. The owner can seek cancellation of infringing mark. The owner can
cancel registration of a trademark which is same or similar to the well known mark even is a well-known
Trademark is not registered in India.

In the TATA case the court awarded punitive damages of rupees Two lacs to the plaintiff for misusing the
well known trademark. There is a vulnerability of well known Trademark in the cyber age. As there is an
advancement of technology, fast access to information, international business, international travel and
advertisement there is a need of well known trademark. The jurisdiction of the well known trademark should
be applicable to all countries because the world is connected now. The Multi National Companies are more
vulnerable and they will lose their reputation if someone misuses it.

NATURE AND SCOPE OF COPYRIGHT

I. Introduction

Copyright is one of the most important branches of intellectual property law. It protects the creativity of
authors, artists, musicians, filmmakers, and other creators by giving them legal rights over their original works.
Unlike patents or trademarks, copyright does not protect ideas or inventions—it safeguards the expression of
ideas in a tangible form.

In India, copyright is governed by the Copyright Act, 1957, which came into force on 21 January 1958. Over
the years, this Act has undergone several amendments to keep pace with technological changes and
international obligations. The most recent amendment in 2012 brought significant reforms, especially in
relation to digital works, authors’ rights, and compliance with global treaties. Today, the Act plays a vital role
in balancing the interests of creators and the larger public, ensuring both cultural growth and access to
knowledge.

II. Historical Development of Copyright Law in India

The idea of copyright protection in India has evolved gradually, beginning during the colonial period and later
adapting to independent India’s requirements.

1. 1847 – First copyright law: The East India Company introduced the Indian Copyright Act, 1847, applying
English copyright rules to India.

2. 1911 – Imperial Copyright Act: A British law extended to all colonies, creating uniformity across the
empire.

3. 1914 – Indian Copyright Act: This Act was a modified version of the 1911 legislation, tailored for Indian
conditions. It remained in force until independence.

4. 1957 – Post-independence Act: Parliament passed the Copyright Act, 1957, India’s first home-grown law
on the subject. It came into effect in January 1958 and replaced the 1914 Act.

5. Amendments: The Act has been amended multiple times—in 1983, 1984, 1992, 1994, 1999, and most
importantly in 2012. Each amendment addressed new issues such as performers’ rights, broadcasting,
digital piracy, and international treaty compliance.

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 This history shows how copyright law in India has adapted from colonial legislation to a modern statute aimed
at protecting both creators and consumers in a knowledge-driven economy.

III. Objectives of Copyright Law

The Copyright Act serves multiple purposes that go beyond merely protecting the financial interests of authors.
Its objectives can be grouped into four broad themes:

1. Rewarding creators: To recognise and compensate authors, musicians, filmmakers, and artists for their
skill, labour, and creativity.

2. Encouraging innovation: By ensuring protection, the law motivates more people to produce literary,
artistic, musical, and digital works.

3. Balancing public interest: Copyright protection is not absolute. The law also ensures that society benefits
through exceptions such as fair dealing for education, research, and news reporting.

4. Promoting cultural growth: By safeguarding intellectual works, copyright helps preserve and enrich
India’s cultural and intellectual heritage.

Thus, the Act is designed to protect private rights while serving broader public goals, ensuring harmony
between creativity and social welfare.

IV. Nature of Copyright

Copyright is unique in nature compared to other forms of property because it does not deal with physical
objects but with intangible creations. It is often described as an “incorporeal property,” meaning a property in
something that cannot be touched but can be owned and transferred.

Some of its key characteristics are:

1. Intangible property – Copyright protects the expression of an idea, not the physical book, painting, or
CD itself.

2. Bundle of rights – It includes reproduction, communication to the public, adaptation, and translation, all
grouped together.

3. Negative right – It allows the owner to stop others from using the work without permission.

4. Time-bound right – Unlike tangible property, copyright lasts only for a fixed period, after which the work
enters the public domain.

V. Salient Features of the Copyright Act, 1957

The Act has several important features that make it comprehensive and adaptable.

1. Covers different works – Literary, dramatic, musical, artistic works, films, and sound recordings all fall
under its scope.

2. Automatic protection – Copyright arises the moment a work is created; registration is not mandatory but
serves as evidence.

3. Moral and economic rights – It protects not only financial interests but also the personal bond between
the author and their work.

4. International alignment – Through amendments, the Act has been harmonised with global treaties like
Berne Convention, TRIPS, and WIPO treaties.

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 5. Special provisions – The Act contains exceptions (fair dealing), remedies (civil and criminal), and
institutional mechanisms like the Copyright Office.

VI. Subject Matter of Copyright (Section 13)

The Act clearly identifies the kinds of works that qualify for protection.

1. Literary Works: This includes novels, poems, textbooks, articles, and even computer programs or
databases. The law emphasises originality and requires a minimum degree of creativity.
2. Dramatic Works: Plays, choreographies, recitations, and scenic arrangements fall under this category.
They must be fixed in writing or another tangible medium to be protected.
3. Musical Works: Covers original compositions of music and notations, excluding the lyrics or
performances. A musical score written down by a composer is a protected work.
4. Artistic Works: Includes paintings, drawings, sculptures, engravings, photographs, and even architectural
designs. Protection is given regardless of artistic quality.
5. Cinematograph Films: Films that combine visual recordings and sound are protected. This includes
feature films, documentaries, and even video recordings produced by digital means.
6. Sound Recordings: A sound recording may be of music, spoken words, or any other sounds. Protection
applies irrespective of the medium on which it is stored.
VII. Duration of Copyright Protection

The term of copyright depends on the nature of the work.

1. Literary, dramatic, musical, artistic works – Lifetime of the author plus 60 years, counted from the year
following their death.

2. Anonymous and pseudonymous works – 60 years from the year of first publication.

3. Cinematograph films – 60 years from the year of publication.

4. Sound recordings – 60 years from the year of publication.

5. Government works – 60 years from the year of first publication.

6. Public undertakings and international organisations – 60 years from publication.

7. Photographs – 60 years from publication.

This uniformity ensures a balance between protecting creators’ rights and eventually making works available
to the public.

SALIENT FEATURES OF TRIPS AGREEMENT

TRIPS agreement (Trade-Related Aspects of Intellectual Property Rights) is established by the World Trade
Organization (WTO) to regulate the international trade of intellectual property rights. The agreement sets out
minimum standards for protecting and enforcing intellectual property rights in different countries.

What are TRIPS or TRIPS Agreements?

1. The World Trade Organization (WTO), TRIPS Agreement is a significant international agreement that
establishes a minimum requirement for the protection and enforcement of intellectual property rights.
2. Its main aim is to create a uniform method for upholding the rights of intellectual property owners and to
give a guarantee to all member countries that they have adequate protection for their intellectual property.
3. The TRIPS Agreement is administered by the Council for TRIPS, which is open to all Members and
reports to the WTO General Council.

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4. It addresses many intellectual property issues like patents, copyright and related rights, trademarks,
geographical indications, industrial designs, layout designs for integrated circuits, and undisclosed
information (trade secrets).
5. The TRIPS Agreement establishes minimum standards, but Members may choose to provide greater
intellectual property protection if they so choose.
6. This agreement establishes the minimum requirements for intellectual property protection and the
enforcement of intellectual property rights. It also includes provisions for legal and administrative
processes, temporary solutions, financial penalties and other penalties along with border controls.
7. Adding to it, this agreement gives member nations the option to exempt vital biological processes that are
being used in the production of food or medicines as well as plants and animals from patentability.
8. This agreement includes provisions for the enforcement of intellectual property rights too, the protection
of geographical indications, and the protection of confidential information (trade secrets).
9. It also offers instructions on how to make sure the agreement is followed and that intellectual property
rights are properly enforced. The TRIPS Agreement has a dispute resolution process too that makes it
easier for member nations to disagree about the agreement.
10. It is a crucial part of the system for protecting intellectual property around the world. It offers a uniform
method for enforcing these rights and sees that all member nations have adequate protection for their
intellectual property rights.

Aim and Objectives of TRIPS

In the context of international trade, the Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) establishes minimum requirements for intellectual property regulation. The following are TRIPS's
goals and objectives:

1. To advance and defend intellectual property rights in a way that supports the transfer and dissemination
of technology along with the advancement of technological innovation.
2. To confirm that all member countries' intellectual property rights are upheld so as to facilitate fair &
equitable international trade in intellectual property.
3. To make fundamental guidelines for the protection of intellectual property, like - trade secrets, patents,
and trademarks that are applicable to all the member countries.
4. To establish min. requirements for civil and criminal procedures and remedies so that it ensures the
enforcement of intellectual property rights.
5. Developing nations should be allowed to adopt those policies that support access to medicines and other
essential goods and services. That would give them the flexibility they need to address their unique needs
and account for differences in their levels of economic development.
6. Try to motivate global cooperation on intellectual property issues. Also to offer developing nations
technical assistance & training too to assist in the implementation and enforcement of intellectual property
laws.
7. To confirm that intellectual property rights don’t obstruct the dissemination of innovations that are
important for social & economic development or the transfer of technology to developing countries.
8. To see that intellectual property rights don't interfere with governments' ability to protect the environment,
public health, or other interests of the general people.
9. Efficient and proper use of intellectual property rights should be promoted so that it spurs innovation and
economic growth while taking the general public's interest into consideration too.

Importance of TRIPS

1. The Trade-Related Aspects of Intellectual Property Rights or simply TRIPS is an agreement between all
WTO member countries having the same goal to safeguard intellectual property rights.
2. The agreement has put minimum requirements for the protection of intellectual property rights, which
includes those to patents, copyrights, trademarks, industrial designs, trade secrets, and integrated circuits.
3. All WTO member countries are required to offer protection under TRIPS that are of comparable level. It
also gives a framework for the enforcement of intellectual property rights.

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4. As it guarantees that innovators, creators, and inventors receive the protection & incentives they require
to develop their concepts and inventions, the TRIPS Agreement is of great importance.
5. Due to this, promotes more innovation that can result in a rise in the economy and the creation of many
new jobs.
6. The legal framework for the enforcement of intellectual property rights is given by TRIPS too, helping in
the protection of innovators, creators, and inventors from the unauthorized use of their creations.
7. This helps to fight against piracy and counterfeiting. This helps to safeguard the rights of innovators and
promote additional innovation.
8. The TRIPS agreement helps to ensure a free and fair international trading system by giving all members
of WTO an even playing field in terms of intellectual property rights.

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