Technology MGMT Q4

Q4) What are the various laws regarding the protection of trade intellectual
rights?
How much they are important? Discuss the impact of TRIPS and WTO on Indian
Society.
Answer:
Laws Regarding the Protection of Trade Intellectual Rights in India
The protection of intellectual property (IP) rights in India is governed by various
laws, which safeguard the rights of creators, inventors, and businesses. These
laws are in line with international standards to ensure effective IP protection
across the country. The major laws include:
Copyright Act, 1957:

This law protects the rights of authors, composers, and artists over their creative
works, such as literary, dramatic, musical, and artistic works. It provides
exclusive rights to creators, including the right to reproduce, distribute, and
perform their works.
Patents Act, 1970:

The Patents Act provides protection for inventions that are new, involve an
inventive step, and are capable of industrial application. It grants exclusive rights
to inventors, preventing others from making, using, or selling the patented
invention for a set period (typically 20 years).
Trade Marks Act, 1999:

This law protects distinctive marks, logos, words, or symbols that distinguish the
goods or services of one business from another. It ensures exclusive rights to use
the registered trademark and prevents others from using identical or confusingly
similar marks.
Geographical Indications of Goods (Registration and Protection) Act, 1999:

This law provides protection for goods that have a specific geographical origin
and possess qualities or a reputation due to that origin, such as Darjeeling Tea,
Basmati rice, and Kanchipuram Silk.
Designs Act, 2000:

The Designs Act protects the visual design of articles that are new and original,
such as the shape or pattern of a product. It grants exclusive rights to the owner
of the design, preventing others from copying it.
Trade Secrets Protection:
Although India does not have a specific law for the protection of trade secrets,
they are typically protected under contract law, common law, and the Indian
Penal Code (IPC), where misappropriation of trade secrets can lead to legal
consequences.
Plant Varieties and Farmers’ Rights Protection Act, 2001:

This act protects the rights of farmers and breeders concerning new plant
varieties. It allows breeders to claim intellectual property rights over newly
developed plant varieties, while also protecting the interests of farmers who use
traditional varieties.
Importance of Protecting Intellectual Property Rights (IPR)
Intellectual Property Rights are essential for the following reasons:

Encouraging Innovation:
IPRs provide incentives to inventors, creators, and artists by giving them
exclusive rights over their creations, thereby encouraging innovation, research,
and development in various fields, including technology, art, and literature.
Economic Growth:
IPRs are a source of economic value, fostering investment in intellectual assets.
By protecting IPRs, businesses can monetize their creations and inventions,
which leads to increased revenue and overall economic growth.
Consumer Protection:
IPRs ensure the quality and authenticity of products and services, thereby
protecting consumers from counterfeit goods. Trademarks, for example, help
consumers identify legitimate products.
Cultural and Artistic Development:

Copyright protection supports the arts by enabling artists to control the use of
their works and to benefit from their creativity, leading to a thriving cultural
environment.
Global Competitiveness:
A robust IPR framework allows countries to compete in the global market by
ensuring that businesses and creators are protected from unfair practices like
counterfeiting and piracy.
Impact of TRIPS and WTO on Indian Society

1. TRIPS Agreement and Its Impact on India
The Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an

international agreement that sets minimum standards for the protection and
enforcement of intellectual property across member countries of the World Trade
Organization (WTO). India became a signatory to TRIPS when it joined the WTO in
1995. The key impacts of TRIPS on India include:
Stricter Patent Laws:

Before TRIPS, India had a more lenient patent regime, especially for
pharmaceuticals, which allowed for the production of generic medicines. Post-
TRIPS, India was required to amend its Patents Act, 1970 to include product
patents for pharmaceuticals, which led to concerns over higher drug prices.
However, India has protected public health by implementing a provision (Section
3(d)) that prevents the patenting of new forms of known substances unless they
show significant enhancement in efficacy.
Impact on Access to Medicines:

TRIPS has raised concerns over the affordability and accessibility of life-saving
medicines, especially in developing countries like India. However, India’s
flexibility under TRIPS allows the issuance of compulsory licenses for patented
medicines in case of national health emergencies, helping to ensure continued
access to affordable medicines.
Innovation and Research:

TRIPS has pushed Indian industries to invest more in research and development
(R&D) to align with international standards. This is evident in sectors such as
pharmaceuticals, biotechnology, and information technology, where innovation
has been fostered post-TRIPS.
Geographical Indications (GIs):

The TRIPS Agreement recognizes GIs as intellectual property, which has allowed
India to protect traditional products such as Basmati rice, Darjeeling tea, and
Kanchipuram silk on the international stage, safeguarding their reputation and
economic value.
Concerns of Biopiracy:
Critics of TRIPS argue that it encourages biopiracy, where multinational
corporations patent traditional knowledge or biological resources from India
without proper acknowledgment or compensation to indigenous communities.
2. WTO and Its Impact on Indian Society
The World Trade Organization (WTO) plays a key role in global trade and has a
significant impact on India’s economy, particularly after it became a member in
1995. The main effects of WTO on India are:
Market Access:
WTO membership facilitated greater access to global markets for Indian
products, especially in sectors like agriculture, textiles, and services. It led to the
reduction of trade barriers, such as tariffs and quotas, promoting exports.
Agricultural Sector Challenges:

Indian farmers have faced challenges with the reduction of agricultural subsidies
and the opening up of markets to international competition. WTO regulations on
subsidies and agricultural trade have led to debates about their impact on Indian
agriculture and farmers’ livelihoods.
Dispute Settlement Mechanism:

The WTO’s dispute resolution mechanism has allowed India to challenge unfair
trade practices and violations of trade agreements by other countries. India has
successfully used this platform to address issues like trade restrictions and anti-
dumping measures.
Effect on Public Health:

The WTO’s enforcement of intellectual property laws under TRIPS has raised
concerns regarding access to affordable healthcare, especially in the case of life-
saving medicines. India, however, has been able to safeguard public health
through provisions like compulsory licensing.
Economic Growth:
WTO membership has contributed to India’s economic liberalization, which has
led to higher foreign direct investment (FDI), increased exports, and overall
growth in sectors like services (IT and software), manufacturing, and agriculture.

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Technology MGMT Q4

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Q4) What are the various laws regarding the protection of trade intellectual

Copyright Act, 1957:

Patents Act, 1970:

Trade Marks Act, 1999:

Geographical Indications of Goods (Registration and Protection) Act, 1999:

Designs Act, 2000:

Plant Varieties and Farmers’ Rights Protection Act, 2001:

Importance of Protecting Intellectual Property Rights (IPR)

Intellectual Property Rights are essential for the following reasons:

Cultural and Artistic Development:

Impact of TRIPS and WTO on Indian Society

The Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an

Stricter Patent Laws:

Impact on Access to Medicines:

Innovation and Research:

Geographical Indications (GIs):

2. WTO and Its Impact on Indian Society

Agricultural Sector Challenges:

Dispute Settlement Mechanism:

Effect on Public Health:

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