Unit 1: Introduction and overview of
3 International Instruments concerning
Intellectual Property
1.1 Introduction and need for
intellectual property right
Intellectual property rights (IPR) are the rights
given to persons over the creations of their
minds: inventions, literary and artistic works,
and symbols, names and images used in
commerce. They usually give the creator an
exclusive right over the use of his/her creation
for a certain period of time.
These rights are outlined in Article 27 of the
Universal Declaration of Human Rights, which
provides for the right to benefit from the
protection of moral and material interests
resulting from authorship of scientific, literary or
artistic productions.
The importance of intellectual property was
first recognized in the Paris Convention for the
Protection of Industrial Property (1883) and
the Berne Convention for the Protection of
Literary and Artistic Works (1886). Both treaties
are administered by the World Intellectual
Property Organization (WIPO).
Intellectual property rights are
customarily divided into two main areas:
(i) Copyright and rights related to
copyright:
The rights of authors of literary and artistic
works (such as books and other writings,
musical compositions, paintings, sculpture,
computer programs and films) are protected by
copyright, for a minimum period of 50 years
after the death of the author.
(ii) Industrial property: Industrial property
can be divided into two main areas:
a) Protection of distinctive signs, in
particular trademarks and geographical
indications.
. Trademarks distinguish the goods or services
of one undertaking from those of other
undertakings.
Geographical Indications (GIs) identify a good
as originating in a place where a given
characteristic of the good is essentially
attributable to its geographical origin.
The protection of such distinctive signs aims
to stimulate and ensure fair competition and to
protect consumers, by enabling them to make
informed choices between various goods and
services.
The protection may last indefinitely, provided
the sign in question continues to be distinctive.
b) Industrial designs and trade
secrets: Other types of industrial property are
protected primarily to stimulate innovation,
design and the creation of technology. In this
category fall inventions (protected
by patents), industrial designs and trade
secrets.
What is the need of IPR?
The progress and well-being of humanity rest on
its capacity to create and invent new works in
the areas of technology and culture.
Encourages innovation: The legal protection of
new creations encourages the commitment of
additional resources for further innovation.
Economic growth: The promotion and
protection of intellectual property spurs
economic growth, creates new jobs and
industries, and enhances the quality and
enjoyment of life.
Safeguard the rights of creators: IPR is
required to safeguard creators and other
producers of their intellectual commodity, goods
and services by granting them certain time-
limited rights to control the use made of the
manufactured goods.
It promotes innovation and creativity
and ensures ease of doing business.
It facilitates the transfer of technology in the
form of foreign direct investment, joint ventures
and licensing.
Why promote and protect Intellectual
Property?
There are several reasons for promoting and
protecting intellectual property. Some of them
are:
1.Progress and the good of humanity remain in
the ability to create and invent new works in the
field of technology and culture.
2.IP protection encourages publication,
distribution, and disclosure of the creation to the
public, rather than keeping it a secret.
3.Promotion and protection of intellectual
Property promote economic development,
generates new jobs and industries, and
improves the quality of life.
Intellectual Property helps in balancing between
the innovator’s interests and public interest,
provide an environment where innovation,
creativity and invention can flourish and benefit
all.
1.2 Kinds of IPRs
There are many different forms of rights that
together make up intellectual property. IP can
be basically divided into two categories, that is,
industrial Property and intellectual property.
Traditionally, many IPRs were collectively known
as industrial assets.
It mainly consisted of patents, trademarks, and
designs. Now, the protection of industrial
property extends to utility models, service
marks, trade names, passes, signs of source or
origin, including geographical indications, and
the suppression of unfair competition. It can be
said that the term ‘industrial property” is the
predecessor of ‘intellectual property”.
There are several types of intellectual property
rights (IPRs) recognized under Indian law,
which is briefly described below:
Patents: Patents are exclusive rights granted
to inventors for a limited period of time (20
years from the date of filing) for novel and non-
obvious inventions that have industrial
applications. The Indian Patent Act, of 1970
governs the registration and protection of
patents in India.
Trademarks: Trademarks are symbols, logos,
names, or phrases used to identify and
distinguish the goods or services of one person
or company from those of others. Trademarks
can be registered under the Trade Marks Act, of
1999 and are valid for a period of 10 years,
renewable indefinitely.
Copyrights: Copyrights protect original
literary, artistic, musical, or dramatic works,
including books, paintings, sculptures, music,
films, and software. Copyrights give the owner
exclusive rights to reproduce, distribute, and
perform the work for a limited period of time
(usually the lifetime of the creator plus 60
years). The Copyright Act, of 1957 governs the
registration and protection of copyrights in
India.
Designs: Designs refer to the aesthetic
features of a product, such as its shape,
pattern, or colour. Designs can be registered
under the Designs Act, 2000 and are valid for a
period of 15 years from the date of registration.
Geographical indications: Geographical
indications (GIs) are signs or symbols that
identify goods as originating from a specific
geographic location, such as Darjeeling tea or
Banarasi silk. GIs are protected under the
Geographical Indications of Goods (Registration
and Protection) Act, of 1999.
Trade secrets: Trade secrets refer to
confidential information that gives a company a
competitive advantage, such as formulas,
processes, or methods. Trade secrets are
protected under the common law and the
Information Technology Act, of 2000.
Plant varieties: Plant varieties are new or
distinct varieties of plants that are developed
through breeding or genetic engineering. Plant
varieties can be registered under the Protection
of Plant Varieties and Farmers’ Rights Act, of
2001.
Conclusion
In addition to these IPRs, India also recognizes
several other forms of intangible property, such
as industrial property, literary property, and
rights of publicity. These rights are protected
under various laws and regulations, depending
on the nature and scope of the property.
1.
IPRs- Paris Convention, Berne Convention,
Universal Copyright Convention, WIPO
Convention, Patent Co-operation treaty,
TRIPS Agreement.
International Instruments concerning
IPRs:
Strong protection for intellectual property rights
(IPR) worldwide is really important for the
future economic growth and development of all
countries. Because they include common rules
and regulations, international IPR treaties, in
turn, are essential to achieving strong
intellectual property protection that promotes
global economic expansion and the growth of
new technologies.
Role of UNO in development of IPR
UNO plays a very important role in the
development and protection of IPR with the help
of the World Intellectual Property Organization
(WIPO) which is one of the most significant and
important organizations among the 16
organizations working under UNO in different
sectors. WIPO aims to promote and protect IPR
worldwide and to insure, utility model, mark or
industrial design.
Paris Convention for the protection of
Industrial Property :
When there was no existence of any
international convention in the field of industrial
property, it was difficult to obtain protection for
inventions in different countries of the world due
to the diversity of laws. In addition, patent
applications were filed at the same time in all
countries to prevent a publication in one country
destroying the novelty of the invention in other
countries. These practical problems constituted
a strong objective to overcome such problems in
the case of IPR. In the late nineteenth century,
the development of a more international-
oriented flow of technology and increased
international trade increased the need for
harmonization of industrial property laws in both
the patent and trademark sectors. The Paris
Convention is also administered by WIPO. It
came into existence to provide some
international harmony in intellectual property
laws and was adopted on March 20, 1883, at
Paris and enforced on July 7, 1884. It provides
basic guidelines for the protection of intellectual
property such as patents, utility models,
industrial designs, trademarks, service marks,
trade names, sources of information or signs of
appeal, and some provisions for harassment and
national treatment of unfair competition. This
treaty came into existence in India on December
7, 1998. Under the convention, in the anti-
discrimination principle, a member country is
empowered to grant nationals of other member
countries the equal protection and advantages
as it grants to its own nationals. This anti-
discrimination policy of the convention is also a
fundamental principle of many other intellectual
property agreements and treaties.
National Treatment: National treatment can
be defined with regards to the protection of
industrial property as each country who is a
member of the Paris Convention must grant
equal protection of their invention to nationals
of the other member countries as it grants to its
own nationals. The relevant provisions are
included in Articles 2 and 3 of the Convention.
Equal national treatment should be given to
citizens of countries that are not members of
the Paris Agreement if they are domiciled in a
member country or if they have “legitimate and
efficient” industrial or commercial
establishments in the country concerned.
However, there is no requirement to be the
domicile of the country where protection is
claimed may be imposed upon nationals of
member countries as a condition for benefiting
from an industrial property right. The doctrine of
national treatment not only guarantees that the
foreigners will be protected, but also that they
will not be discriminated on any basis. Example:
A Russian national applying for a patent in China
will have the same patent rights and level of
protection in China as a Chinese national.
A framework of Priority: Another
fundamental principle of the Paris Convention is
a ‘framework of priority’. Under the Paris
Convention, an invention can be protected at
the same time in various countries. This also
means of access to national patent systems to
foreign applicants. An inventor has the authority
to claim the filing date of his first patent
application in respective convention country as
an effective filing date for further subsequent
applications (regarding the same invention) in
any other member country. Further, the
applications must be filed within 12 months of
the earliest application in a matter to claim the
priority date.
Example: A USA patent application is lodged
on 10 March 2000. On 10 March 2001, the same
patent application is filed in China. China is a
convention member and as a result, the Chinese
application is treated as though it was filed on
10 March 2000. If without the treaty, the patent
in the example was treated as though it was
filed on 10 March 2002 in China, the invention
would likely already have been disclosed and
thus un-patentable in China.
The meaning of the right of priority means that
in the foreign country, the application of patent
will be filed from the earliest date of filing in the
home country for purposes of the prior art. This
is profitable for an inventor , as it allows the
inventor to prevent detrimental effects of public
disclosure of his invention that occurred after
the earliest application and before filing in
foreign countries.
Berne Convention (Protection of Literary
and Artistic Works):
Copyright protection on the international level
took its first step in the middle of the nineteenth
century on the basis of bilateral treaties. India
became a signatory of the Berne Convention on
April 1, 1928. A number of such treaties
providing for mutual recognition of rights were
concluded but they were neither comprehensive
enough nor of a uniform pattern. The need for a
uniform system led to the formation of the
Berne Convention for the preservation of
Literary and Artistic Works. The Berne
Convention is the primeval international treaty
in the field of copyright. It is open to all states.
Adopted on September 9, 1886, at Berne and
entered into force on December 4, 1887.
Originally signed in 1886 at Berne, Switzerland,
it was revised in 1914, 1928, 1948, 1967, 1971,
and 1979.
This Convention is based on three
fundamental principles:
1.Works in one of the contracting states (works
of which the author is a national of such state or
a work already published in such a state) should
be given equal protection to each of the other
contracting or non contracting states(the
principle of “national treatment”).
2.Protection should not be conditional upon
compliance with any formalities (the principle of
“automatic” protection).
3.Protection must be independent of the
existence of protection in the origin country of
the work (principle of “independence” of
protection). If a contracting State provides
protection for a longer term than the minimum
term prescribed by the Convention and the work
ceases to be protected in the country of origin,
protection may be denied once if protection in
the country of origin ceases.
The minimum standards of protection relate
to the works and rights to be protected, and to
the duration of protection:
1.As to works, protection must include “every
production in the literary, scientific and artistic
domain, whatever the mode or form of its
expression” (Article 2(1) of the Convention).
2.Subject to certain allowed reservations,
limitations or exceptions, the following are
among the rights that must be recognized as
exclusive rights of authorization:
the right to translate,
the right to make adaptations and
arrangements of the work,
the right to perform in public dramatic,
dramatico-musical and musical works,
the right to recite literary works in public,
the right to communicate to the public the
performance of such works,
 the right to broadcast,
the right to make reproductions in any manner
or form,
the right to use the work as a basis for an
audio-visual work, and
the right to reproduce, distribute, perform in
public or communicate to the public that audio-
visual work.
The Universal Copyright Convention
(UCC):
The Universal Copyright Convention (UCC), was
first created in 1952 in Geneva, as an alternative
to the Berne Convention. Some countries were
not in favour of certain articles in the Berne
Convention and did not agree to sign the terms
of the Berne Convention. Particularly, the United
States who was the only one at the time who
provided protection on a fixed term registration
basis via the Library Of Congress, and required
that copyright works must always show the ©
symbol. This stated that the US had to make
several changes to its laws before it could follow
the Berne Convention.
The US finally became an official member of
the Berne Convention on the 1st of March 1989,
and now one only requires registration for work
first published in the US by US citizens. The UCC
international protection was available to authors
even in countries that would not become parties
to the Berne Convention. The Berne convention
countries also became members of the UCC to
ensure that the work of citizens in Berne
Convention countries must be protected in non-
Berne Convention countries. To ensure that the
existence of the UCC did not lead to a conflict
with the Berne Convention, Article 17 of the
UCC states that the convention does not affect
the provisions of the Berne Convention and also
stated that any country who withdraws from the
Berne Convention after 1st January 1951 will
not get protection under UCC in countries of the
Berne Convention Union.
WIPO Convention:
The World Intellectual Property Organization
(WIPO) is an international organization which
grants worldwide protection to the rights of
creators and owners of intellectual property. It
was adopted on July 14, 1967, at Stockholm and
enforced on April 26, 1970. WIPO came into
establishment under this Convention with two
main objectives:
For the promotion of the protection of
intellectual property worldwide and;
to safeguard administrative cooperation among
the intellectual property Unions established by
the treaties which are under WIPO
administration.
India became an official member of WIPO on
May 1, 1975. WIPO’s origin dates back to 1884
when the Paris Convention entered into force
with 14 member States, which set up an
International Bureau to carry out administrative
tasks, such as organizing meetings of the
member States. Like the Paris Convention, the
Berne Convention also set up an International
Bureau to carry out the tasks of administration.
In 1893, these two small bureaux came
together and form an international organization
known as the United International Bureaux for
the Protection of Intellectual Property. Based in
Berne, Switzerland, with a staff of seven, this
small organization was the predecessor of the
World Intellectual Property Organization of
today – a dynamic entity with 185 member
States, number of staff who are around 938,
from 95 different countries around the world,
and with a mission and a mandate that are
constantly flourishing. This International Bureau
emerged over time to be recognised in 1970 as
WIPO. In 1974, WIPO became a specialized
agency of the United Nations and in 1996, WIPO
expanded its role into globalized trade by
entering into a cooperation agreement with the
World Trade Organization. WIPO administers 25
treaties (three of those jointly with other
international organizations) and carries out a
rich and varied program of work, through its
member States and the secretariat, that seeks
to:
To integrate national laws and procedures
related to intellectual property.
To provide an international registration service
for the industrial property.
To exchange information about intellectual
property.
To provide legal and technical assistance to
developing countries and others.
To assist during the settlement of disputes
related to intellectual properties among
individuals.
To keep a check on the use of information
technology as an instrument for access and
exploit valuable information about intellectual
property.
According to the Convention held at
Stockholm on 14th July 1967 and Article 2(viii)
of the convention following rights are included
in Intellectual Property Rights:
1.Literary, artistic and scientific works;
2.Performances of performing artists,
phonograms and broadcasts;
3.Inventions in all fields of human behavior;
4.Scientific discoveries;
5.Industrial designs;
6.Trademarks;
7.Service marks;
8.Commercial names and designations;
9.Protection against unfair competition;
10.All other rights resulting from Intellectual
activity in industrial scientific, literary or artistic
fields; etc.
Trade-Related Aspects of Intellectual
Property Rights (TRIPS)
The Uruguay Round of multilateral trade
negotiations held in the framework of the
General Agreement on Tariffs and Trade
(“GATT”) was concluded on December 15,
1993.The agreement which established the
World Trade Organization (“WTO Agreement”),
was enforced on April 15, 1994, in Marrakech.
For the first time the negotiations included
within the GATT, discussions on aspects of
intellectual property rights of international trade.
The result of those negotiations, given in an
Annexure of WTO Agreement was the
agreement on Trade-Related Aspects of
Intellectual Property Rights (the “TRIPS
Agreement”).
The WTO Agreement, including the TRIPS
Agreement (which is binding on all WTO
Members), enforced on January 1, 1995. A new
organization was established by the former
agreement known as the World Trade
Organization, which came into force from
January 1, 1995. Member States of WTO were
granted a specific period of time after the
enforcement of the agreement establishing the
WTO before being obligated to apply the TRIPS
Agreement. Trade-Related Aspects of
Intellectual Property Rights (TRIPS) is the most
global and essential international agreement on
intellectual property rights. The member
countries of the WTO are automatically binded
by the agreement. The agreement consists of
most of the forms of intellectual property like
patents, copyright, trademarks, trade secrets,
geographical indications, industrial designs, and
exclusionary rights over new plant varieties.
TRIPS proved to be one of the most important
agreements to promote intellectual property at
the international level. TRIPS mainly introduced
the global minimum standard for the protection
and enforcing of all forms of intellectual
property but it failed to specify the global
minimum standard for the patent. The main
object of the trade related aspect of intellectual
property is to promote effective and adequate
protection of intellectual property rights and
ensuring that measures and procedures to
enforce intellectual property rights do not
themselves become barriers to legitimate trade.
Issues covered by the TRIPS
How basic principles of the trading system and
other international intellectual property
agreements should be applied.
How to give adequate protection to intellectual
property rights.
How countries should enforce those rights
adequately in their own territories.
How to settle disputes on intellectual property
between members.
Special transitional arrangements during the
period when the new system is being
introduced.
Features of the TRIPS
There are three main feature of the TRIPS
agreement which are as follow:
1. Standard
2. Enforcement
3. Dispute settlement
Standard: The main element of trade related
aspect of intellectual property is to protect the
subject matter.
Enforcement: The second element is about
domestic procedure and remedies provisional
measure special related to border measure.
Dispute settlement: The agreement makes
dispute between world trade organization
members arising with respect to the trade
related aspect of intellectual property obligation
subject to the world trade organization dispute
settlement procedure.
Obligations under TRIPS Agreement
The TRIPS agreement outlines various important
business-related aspects of intellectual property.
In particular, this requires Member States to
follow their own criteria for intellectual property
monopoly grants for limited period along with
adherence to the Paris Agreement, the Berne
Convention and other WTO conventions. The
norms are the minimum standards for granting
monopolies over any kind of IP, as well as
duration limits, enforcement provisions, and
methods of IP dispute settlement. When the
TRIPS agreement was enforced on 1 January
1995, all developed countries were given twelve
months from the date of signing the agreement
to implement its provisions. Developing
countries and transition economies (under
certain conditions) were granted five years until
2000. As of 2006, least developed countries
(LDCs) were given 11 years to comply.
Need for Introducing PCT
PCT PROVIDES USERS WITH A WORLDWIDE
SYSTEM FOR THE SIMPLIFIED AND EFFECTIVE
FILING OF PATENT APPLICATIONS,
To bring the world within reach.
Removes major costs and provides users with
additional time to consider their various Patent
granting options.
Provides a strong basis to the user for
Patenting decisions.
Is effectively used by the world’s major
corporations, universities and research
institutions when they seek international patent
protection.
Basic Features of PCT System
1.Formal examination done by one office.
2.Retrieval is carried out by one office.
3.International publication done by one office.
4.Examination and authorization finished by
national office.
5.Single application with legal effect in all PCT
countries.
6.148 countries and 4 regional patent systems.
PCT Advantages
THE PCT, AS AN AID OF THE INTERNATIONAL
PATENT SYSTEM, PROVIDES A WORLDWIDE
SYSTEM FOR SIMPLIFIED FILING AND
PROCESSING OF PATENT APPLICATIONS
WHICH HELPS IN,
A single application in single language filed in a
single country called the international
application.
Provides a strong basis for patenting decisions
to the users.
Harmonizes formal requirements.
Used by the world’s major corporations,
universities and research institutions when they
seek international patent protection.
This single application has the effect of filing
simultaneously in different countries (designated
countries).
Protects applicant from certain inadvertent
errors.
Evolves to meet user needs.
PCT Filing Process
STEP 1 – Filing of Local application
First applicant need to file patent application in
home country.
STEP – 2 Filing of PCT application
Applicant need to file a national application
along with international application in one
language and need to pay single set of fee. PCT
application is to be filed within 12 months after
filing a national application. Priority date is given
by the national office.
PCT application can also be directly filed to RO
(receiving office) office of WIPO.
STEP – 3 Checking for Defects
The check is conducted by the receiving office,
it is divided into two parts. The first part
concerns the requirements of according an
international filing date as set out in Article
11(1) of PCT. The second part concerns the
formal and physical requirements under Article
14.
STEP – 4 International Search Report
Application is transmitted to an International
searching authority. An International Searching
Authority search an application and check for a
prior art and state of art. They made it clear
whether or not document that have been
presented is eligible for grant of patent. They
establish it on the basis of their written opinion.
Within 16 months from the date of filing, ISR
(International search report) will give search
report with written opinion.
STEP 5 International Publication
After submitting the necessary document user
application is published, after the completion
of 18 months. Before that an application is
kept secret. International Bureau (IB) of WIPO
publishes the PCT application. Content of
application is disclosed to the general public.
STEP – 6 International search
Request for supplementary search is filed by the
application before completion of 19
months from the priority date. Under this
applicant demand for international preliminary
examination.
STEP – 7 International Preliminary Report
Search authority will give report on patentability,
whether or not patent is to be granted. This is
to be given within 28 months by the
competent authority.
STEP – 8 Enter in National Phase
After completion of all necessary requirements
patent is granted by national office and likewise
patent is granted in all other contracting states.
Patent is granted to the applicant before the
completion of 30 months .After this applicant
can seek protection.
1.4 India’s New National IP Policy,
2016
“The invention all admired, and each, how he to
be the inventor missed; so easy it seemed once
found, which yet unfound most would have
thought impossible." – John Milton
The Cabinet has on 12th May, 2016 approved
the first Intellectual Property Policy and has
nominated the Department of Industrial Policy
and Promotion (DIPP) as the nodal agency for
regulating intellectual property rights in the
country.
The Mission Statement of the Policy states
that it is intended to stimulate a dynamic,
vibrant and balanced intellectual property rights
system in India to:
foster creativity and innovation and thereby,
promote entrepreneurship and enhance socio-
economic and cultural development, and
focus on enhancing access to healthcare, food
security and environmental protection, among
other sectors of vital social, economic and
technological importance.
The rationale for the National IPR Policy lies in
the need to create awareness about the
importance of IPRs as a marketable financial
asset and economic tool. The objective of
policy is 7P’s i.e., to Publicize (spread
awareness), Produce (create IP), Protect
(legal framework & adjudication), Plan
(modernize administration & a definitive set of guidelines or new substantive
management), Profit- oriented
(commercialization), Progress
(enforcement), Promote human capital.
The policy discusses elaborately these 7
objectives with “Creative India; Innovative
India” as a front-runner marching ahead the
steps to be undertaken by the identified
Ministries/ department:
1. IPR Awareness: Outreach and
Promotion
2. Generation of IPR’s
3. Legal and Legislative Framework
4. Administration and Management
5. Commercialization of IPR
6. Enforcement and Adjudication
7. Human Capital Development
The present Policy has also been aligned to
the slogans as “Creative India; Innovative
India”, “Make in India”, “Digital India”, “Skill
India”, “Start Up India”, “Smart Cities”; as well
through initiating campaigns from promotion of
India’s IP strengths. The emphasis has been laid
to the Research and Development and the
creativity of the youth to be enabled to be
utilized by them commercially. The overhauling
of the IPR environment domestically is likely to
encourage entrepreneurship, skill development
and tap and utilize the fertile knowledge
resource and stimulate the generation of IP
assets.
India never had an IPR Policy and the IPR
Protection was considered to be under the
exclusive domain of the corporate houses with
interest in safeguarding their intellectual
property. Prior to the present political
dispensation, not much value was attached to
the sanctity of the IPR Protection and the
violations were carried on with impunity either
due to lack of awareness or due to lack of
stringent provisions for seeking enforcement of
the IPR Rights. The present legislative
framework is comprehensive and does provide
for civil as well as criminal recourse, however
the adequacy and the efficacy of the recourses
are limited. The IPR laws in India are largely
based on the TRIPS Agreement and thus aligned
to the global standards, however the emphasis
that the present National IPR Policy attempts to
make is to widen its reach to the nooks and
corner of the country where there is lack of
awareness, limited availability of resources and
outreach.
The policy lays emphasis on having strong
and effective IPR laws, which would balance the
interests of rights owners with larger public
interest.
Multi-disciplinary IP courses / modules for
other stakeholders have also been proposed to
be introduced. The policy lays down removal of
anomalies, ambiguity and inconsistencies
between various legislations but does not
provide with an in depth study.
The Policy also tries to stimulate the
generation of IPRs since the vastness of the
country and the available talent pool has not
been tapped to its full potential contained in
R&D institutions, enterprises, universities and
technical institutes to stimulate the creation of
IP assets.
The policy highlights Commercialization of IPR
to get value, which is a good step in the right
direction. It is so because the person, whose
product, invention, music, book gets the right to
use it commercially to its capacity. Thus it can
be said that the value and economic reward for
the owners of IP rights is a result of
commercialization. A single window service to
cater the needs for all stakeholders involved has
been proposed to be launched soon.
The Policy also gives an importance for
making IPR an integral part in all curriculums
such as legal, technical, medical and
management education. The IP teaching can be
further strengthened by conducting research
and training in collaboration with WIPO, WTO,
other International Organizations and Foreign
universities.
Insofar as the government’s goal is to set up
legislation, the new policy approves to be on
tenuous grounds. There is not much content to
suggest that the Government has any intention
other than to appease the concern of significant
trading partners and relevant organizations,
such as the WTO or the World Bank that have
previously voiced concern over India’s IPR
regime.