UP PCS Mains-2024

Approach Give a brief idea about IPR and digital rights. Issues related to IPR in India. Conclude with way forward angle.

Introduction

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 (IPR) are the rights given to persons over the creations of their minds such as 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, example rights of authors of literary and artistic works, Trademarks Geographical Indications (GIs).

While Digital Rights imply the right to privacy and data protection. It also addresses issues of equal distribution of Internet access regardless of economic background. This includes Freedom of Expression, Information and Communication from governments blocking websites or social networks, Privacy and Data Protection, Right to be Forgotten, Protection of Minors etc.

Body

Issues in India’s IPR regime

• Loopholes in Indian Patent Act 1970: It does not allow patent to be granted to inventions involving new forms of a known substance unless it differs significantly in properties regarding efficacy. This means that the Indian Patent Act does not allow evergreening of patents. This has been a cause of concern for the pharm companies.
• Issue of Compulsory licencing (CL): It is the grant of permission by the government to entities to use, manufacture, import or sell a patented invention in national emergencies, other circumstances of extreme urgency without the patent-owner’s consent. It is problematic for foreign investors who bring technology as they are concerned about the misuse of CL to replicate their products.
• USTR’s ‘Priority Watch List’: India continues to remain on the United States Trade Representative’s (USTR’s) ‘Priority Watch List’ for alleged violations of intellectual property rights (IPR).
• Testing during government approval: Foreign investors and MNCs (Multinational Corporations) allege that Indian law does not protect against unfair commercial use of test data or other data submitted to the government during the application for market approval of pharmaceutical or agro-chemical products.
• Poor implementation of Copyright Act: Enforcement of the Copyright act is weak, and piracy of copyrighted materials is widespread.

Issues of Digital Rights

Limiting Children’s Digital Rights: The policy approach to children’s Digital Rights is frequently cautious and reactionary, as many governments error in favor of limiting children’s rights in the name of protection.

Social Media Interference: Social media plays a major role in the digital economy as it constitutes a forum of commerce and culture. But at the same time, the extent of its interference with our Digital Rights is controversial. There is no complete and clear regulatory framework regarding the powers and operations of social media.

Conclusion

India will be unable to take full advantage of the transformative benefits of a strong IP system unless and until it addresses gaps in its IP laws and regulations. And at the same time, it should have a strategic approach for parenting and policymaking in the digital domain which focuses on digital literacy and gives solutions to internet governance problems like- digital privacy.