Long

1. Discuss the International agreements and treaties for the various forms of IPRs?

There are different subject matters of intellectual property like Patents, Copyright, Trademarks,
Industrial design, Plant Varieties etc. Need for protection in these different subjects arose in
different periods. These are reflected in different treaties. Agreement on TRIPS, under the aegis
of WTO, remains the most influential, comprehensive and inclusive of all. Other treaties are
covered here for background information.

There are two main bodies – World Intellectual Property Organization (WIPO) under UN which
administers 1-7 treaties mentioned below. the 8th treaty is independent of any organization.
Another relevant body is the World Trading Organization. 9th (or TRIPS) is administered by the
WTO. the 10th treaty comes under UNESCO.

Paris Convention for Industrial Property, 1883 – Adopted on March 20, 1883 at Paris and
entered into force on July 7, 1884. It provides basic guidelines for the protection of industrial
property (patents, utility models, industrial designs, trademarks, service marks, trade names,
indications of source or appellations of origin, and the repression of unfair competition) and has
substantive provisions for national treatment, right of priority and common rules.

Bern convention for literary and artistic works, 1886 – Adopted on September 9, 1886 at
Berne and entered into force on December 4, 1887. It came into force in India on April 1, 1928.
It provided for a copyright system. It doesn’t provide for any formality to claim protection.
This Convention on Copyrights rests on three basic principles – national treatment, automatic
protection and independence of protection; it also contains a series of provisions determining the
minimum protection to be granted. Protection is automatically accorded to any creation,
provided work is original and other conditions under the treaty are fulfilled. It means that
your work, if original, is already protected. You can claim that you have copyright.

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 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.

Patent cooperation treaty, 1970 – It was earlier not possible for an entity to claim
protection in different countries by single application. The Treaty 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 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.

Budapest Treaty of 1980 – Under the treaty, the deposit of a microorganism with an
"international depositary authority" satisfies the deposit requirements of treaty members' national
patent laws. An "international depositary authority" is capable of storing biological material and
has established procedures that assure compliance with the Budapest Treaty. Such procedures
include requirements that the deposit will remain available for the life of the patent and that
samples will be furnished only to those persons or entities entitled to receive them.

Trademark Law Treaty, 1994 – 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. It also introduced ‘service marks’ in ambit of
trade marks. Earlier trademarks were accorded only to goods.
The Hague agreement concerning the International Deposit of ‘Industrial Design’
1925 – The Hague Agreement is an international registration system which offers the possibility
of obtaining protection for up to 100 industrial designs in designated member countries and
intergovernmental organizations, referred to as contracting parties. As of 2022, there are 76
contracting parties under the Hague Agreement. It created the International Design Bureau of
WIPO.

International Union for protection of new varieties of plants, 1961 – Headquartered 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.

Agreement on Trade Related Aspects of Intellectual Property – It is a landmark and

most comprehensive treaty on Intellectual property. While earlier treaties’ subject matters
were specific, TRIPS deal with 8 kinds of property rights – Patents, Trademarks, trade
dress, Copyrights, Industrial Designs, Plant Varieties, Integrated Circuits and layouts, and
Geographical Indication. Further, almost all countries are party to TRIP. In earlier treaties
only limited countries participated. It also provides an enforcement mechanism which was
not available in WIPO treaties. It mandated all member countries to make their domestic
laws compliant to TRIPS. India passed certain laws and amended others. India’s IPR
regime now stands fully compliant to TRIPS. For E.g. India amended patent law in 2005 to
provide ‘product’ patent protection. Earlier protection was available only to ‘processes’.

TRIPS were the results of discussions held in the Uruguay round which led to the formation of
WTO. This treaty is an offshoot of the General Agreement on Trade in Goods (GATT). This
treaty provided a robust Dispute Resolution Mechanism and stringent penal provisions under
auspices of WTO.

Further, every treaty under WTO is based some principle which are –
 1. National Treatment – No foreign products, once they enter domestic territories,
shall be discriminated against in any manner. This also applies to intellectual
property. Members must accord similar treatment to foreign creations, as they do to
domestic ones.
2. Most Favored Nation – If a member provides some privilege, favorable treatment
or exemption to another country or group, then other members must get similar
favorable treatment.
3. Right to priority treatment – If a similar patent application has been filed in two
different countries, then the prior applicant has the right to the patent.
4. Concept of Minimum Standards – This treaty provides for a minimum level of
protection that every member should provide to intellectual property. Members have
discretion to provide more protection than minimum standards.
5. Universal Copyright Convention, 1952 – This convention is administered by
UNESCO. This exists simultaneously with the Bern Convention. This treaty
provides for procedural formalities for filing and recognition of copyright. As Bern
convention provides for an automatic route to copyright, this treaty has lost its
relevance.

2. How far The Protection of Plant Varieties and Farmers Rights Act, 2001, is successful to
provide for the establishment of an effective system for protection of plant varieties, the
rights of farmers and plant breeders and to encourage the development of new varieties of
plants?

Law and Agri and IPR II notes

3. Discuss the historical background of topography law along with inventions and expressions.
4. Biological Diversity Act was enacted in 2002, aims at the conservation of biological resources,
managing its sustainable use and enabling fair and equitable sharing benefits arising out of the use and
knowledge of biological resources with the local communities. Examine the statement with the help of
relevant features of Biological Diversity Act.

Biodiversity Act 2002

The Biodiversity Act of 2002 was enacted by the Indian Parliament to address concerns related to the
conservation and sustainable use of India’s rich biodiversity. The Biodiversity Act 2002 came into force on
5th February 2003 and complements the Wildlife Protection Act of 1972.
The need for such an Act arose from the realization that India is one of the world’s most biologically
diverse countries, with a wide range of flora and fauna that are unique to the country. However,
biodiversity was under threat from various factors, including habitat destruction, over-exploitation, climate
change, and other human activities.
In addition, the traditional knowledge of local communities about the use and conservation of biodiversity
was being eroded, and there was a need to protect and promote their rights in this regard. The
Biodiversity Act of 2002 was thus designed to provide a legal framework for the conservation and
sustainable use of India’s biodiversity, while also ensuring that the benefits arising from its use were
shared equitably among all its citizens, particularly local communities.
The Biodiversity Act 2002 was also aimed at promoting research and development in the field of
biodiversity, by regulating access to it and ensuring that its use did not cause harm to the environment or
lead to the loss of biodiversity.

Biodiversity Act 2002 Salient Features

The Biodiversity Act of 2002 is a comprehensive legislation that seeks to regulate access to India’s
biodiversity, promote its conservation and sustainable use, and ensure the equitable sharing of benefits
arising from its use. Some of its salient features include:

Section 3 of the Act provides for the establishment of the National

Biodiversity Authority (NBA) to regulate access to India’s biodiversity.
Regulation of
Access to Section 4 of the Act specifies that any person or organization seeking to
Biodiversity access India’s biodiversity for research or commercial purposes must
obtain prior approval from the NBA.

Conservation of Section 36 of the Act requires the government and local authorities to take
 measures to conserve and protect India’s biodiversity, including through
the establishment of protected areas and the promotion of in-situ
Biodiversity conservation.

Section 8 of the Act recognizes the importance of using biodiversity in a

sustainable manner and encourages the development of practices that
support sustainable use.
Sustainable Use
of Biodiversity
Section 7 of the Act requires that the use of biodiversity should not cause
damage to the environment or the loss of biodiversity

Section 21 of the Act requires that any benefits arising from the commercial
use of India’s biodiversity must be shared equitably with local communities
and other stakeholders.
Benefit-sharing
Section 24 of the Act provides for the establishment of a National
Biodiversity Fund to support the conservation and sustainable use of
biodiversity.

Section 29 of the Act recognizes the intellectual property rights of local

communities and traditional knowledge holders over the use and
conservation of biodiversity.
Intellectual
Property Section 3(1) of the Act provides for the establishment of a State
Rights: Biodiversity Board in each state to facilitate the conservation and
sustainable use of biodiversity, including by ensuring the protection of the
rights of local communities and stakeholders

Section 55 of the Act sets out penalties for non-compliance, including fines
and imprisonment.
Offences and
Section 56 of the Act provides for the seizure of equipment and products
Penalties
used in contravention of the Act

Biodiversity Act 2002 Limitations

While the Biodiversity Act of 2002 is an important legislation aimed at promoting the conservation and
sustainable use of India’s biodiversity, it does have some limitations that may hinder its effective
implementation. Some of these limitations include:
Lack of Awareness
There is still a lack of awareness among the general public, including local communities and
stakeholders, about the provisions of the Act and their rights and responsibilities under it. This can lead to
non-compliance and a lack of effective implementation.
Limited Resources
The government and other authorities responsible for implementing the Act may lack the resources,
including personnel and financial resources, to effectively carry out their duties.
Inadequate Enforcement
The penalties for non-compliance under the Act may not be severe enough to deter violators, and there
may be inadequate enforcement of the Act by the authorities.
Limited Coordination
There may be limited coordination among different government agencies responsible for implementing
the Act, which can lead to duplication of efforts and inefficiencies.
Challenges in Benefit-Sharing
While the Act mandates equitable benefit-sharing, there may be challenges in identifying and distributing
the benefits arising from the use of biodiversity, particularly in cases where the benefits are indirect or
diffuse.
Limited Engagement with Private Sector
The Act primarily focuses on regulating access to biodiversity for research and commercial purposes.
However, there may be limited engagement with the private sector, which can be a major user of
biodiversity and may have significant impacts on biodiversity conservation.

Short

5. "India does not have a national regulatory authority for protection of personal data." Critically discuss
data protection regime in India.

6. Being intangible property rights and given the power of a celebrity's fame, these IPR rights of
celebrities are often prone to misuse and misappropriation. Explain.

7. "Few rights are available to broadcasting organisations, even if they are situated outside India, so long
as the broadcast is available in India for viewing." In the regard, discuss IPR rights of broadcaster.

8. What are the Requirements and procedure of registration for Biological Diversity Protection?