Science & Technology
Intellectual Property Rights
GS Paper III
Intellectual Property Rights — Quick Revision
One-page UPSC revision of IPR: laws and terms, TRIPS articles, Patents Act sections incl. 3(d) and 84, landmark cases, GI and PPV&FR.
SyllabusGS III · Awareness in the fields of IT, space, computers, robotics, nano-technology, bio-technology and issues relating to intellectual property rights
A last-week revision sheet for IPR. Prelims here is about exact numbers — years, terms and section numbers.
IP Rights, Laws and Terms
| Right | Law | Term |
|---|---|---|
| Patent | Patents Act, 1970 | 20 years from filing |
| Copyright | Copyright Act, 1957 | Author’s life + 60 years (literary, dramatic, musical, artistic works) |
| Trade mark | Trade Marks Act, 1999 | 10 years, renewable indefinitely |
| Industrial design | Designs Act, 2000 | 10 + 5 = 15 years maximum |
| GI | GI of Goods Act, 1999 (in force 2003) | 10 years, renewable indefinitely |
| Plant variety | PPV&FR Act, 2001 | 18 years (trees, vines); 15 years (other crops) |
| IC layout design | SICLD Act, 2000 | 10 years |
| Trade secret | No statute | While secret |
TRIPS Essentials
| Item | Fact |
|---|---|
| In force | 1 January 1995 (WTO) |
| Article 27.1 | Patents in all fields of technology |
| Article 27.3(b) | Plant varieties — patents or sui generis system |
| Article 31 | Use without authorisation (compulsory licences) |
| Article 31bis | Compulsory licences for export of medicines — in force January 2017 |
| Article 33 | Minimum 20-year patent term |
| Articles 22–23 | GIs; extra protection for wines and spirits |
| India’s deadline | Product patents from 1 January 2005 |
| Doha Declaration | November 2001 — TRIPS and public health |
Patents Act — Sections to Know
| Section | Content |
|---|---|
| 2(1)(j) | Invention: new, inventive step, industrial application |
| 3(d) | New forms of known substances need enhanced efficacy |
| 3(i) | Methods of treatment not patentable |
| 3(j) | Plants and animals (except micro-organisms) |
| 3(k) | Computer programmes per se, business methods, algorithms |
| 3(p) | Traditional knowledge |
| 25 | Pre-grant and post-grant opposition |
| 84 | Compulsory licence after 3 years — unmet needs, unaffordable, not worked |
| 92 | Emergency / extreme urgency / public non-commercial use |
| 92A | Compulsory licence for export |
| 107A | Bolar exemption; parallel imports |
| 146 | Statements of working (Form 27) |
High-yield facts
- Novartis v. Union of India — 1 April 2013; Glivec (imatinib mesylate); efficacy = therapeutic efficacy.
- Natco v. Bayer — March 2012; sorafenib (Nexavar); first compulsory licence; royalty 6%, raised to 7%.
- National IPR Policy — May 2016; “Creative India; Innovative India”; nodal cell CIPAM.
- IPAB abolished — 2021; Delhi High Court IP Division — 2021.
- TKDL — 2001; WIPO treaty on genetic resources and TK — May 2024.
- India ranked 39th in the Global Innovation Index 2024 (WIPO).
GI, Plant Varieties and TK
| Item | Fact |
|---|---|
| GI Registry | Chennai, under CGPDTM |
| First GI | Darjeeling Tea |
| GI assignment | Not allowed |
| PPV&FR criteria | Distinctiveness, uniformity, stability (+ novelty) |
| Farmers’ rights | Section 39 — may sell seed, but not branded seed |
| UPOV | India not a member |
| Turmeric patent | Revoked in the USA, 1997 |
| Neem patent | Revoked by the EPO, 2000; upheld 2005 |
| NBA | Chennai — approval for IPR based on Indian biological resources |
Traps
Watch these
- Section 3(d) does not ban all new forms — only those without enhanced efficacy.
- Compulsory licensing is permitted by TRIPS (Article 31).
- Design term is 15 years maximum, not 20.
- A GI protects only in the country where it is registered.
- TKDL is defensive; it creates no rights.
Related Topics
- Patents and TRIPS: Section 3(d) and Compulsory Licensing
- Geographical Indications, Plant Varieties and Traditional Knowledge
- IPR — practice questions
- Intellectual Property Rights — overview
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