Class Notes on Intellectual Property Rights-II – Unit V
International Treaties/Conventions on IPR
TRIPS Agreement
Background:
- Full Name: Agreement on Trade-Related Aspects of Intellectual Property Rights.
- Adopted: 1994 during the Uruguay Round of trade negotiations under the World Trade Organization (WTO).
- Purpose: To establish a global standard for intellectual property protection and enforcement to ensure that IP rights contribute to international trade and economic development.
Salient Features of TRIPS:
- Minimum Standards: Sets minimum standards for IP protection, including patents, copyrights, trademarks, and trade secrets.
- Enforcement: Requires member countries to enforce IP rights through effective legal means.
- Dispute Resolution: Provides a dispute resolution mechanism through the WTO Dispute Settlement Body.
- Transition Periods: Allows developing countries some flexibility in implementing the provisions.
TRIPS and Indian IPR:
- Compliance: India has amended its IP laws to comply with TRIPS standards, including the Patents Act, 1970, and the Copyright Act, 1957.
- Impact: The TRIPS Agreement has influenced India’s approach to patent protection, particularly concerning pharmaceutical patents and compulsory licensing.
- Challenges: Addressing issues related to access to medicines and balancing IP protection with public health concerns.
Case Example: Novartis AG v. Union of India [2013] 6 SCC 1 – Examined TRIPS compliance with respect to patent protection and access to medicines.
Berne Convention
Background:
- Full Name: Berne Convention for the Protection of Literary and Artistic Works.
- Adopted: 1886, with several revisions, the most recent being in Paris in 1971.
- Purpose: To provide a common international standard for copyright protection and to ensure mutual recognition of copyrights among member countries.
Salient Features of Berne Convention:
- Automatic Protection: Copyright protection is automatic and does not require formal registration.
- Minimum Standards: Sets minimum protection standards for literary and artistic works, including moral rights and economic rights.
- Country of Origin Principle: Works are protected in all member countries based on the protection granted in the country of origin.
- Moral Rights: Includes the right to attribution and the right to object to derogatory treatment of the work.
Case Example: Indian Performing Right Society Ltd. v. Indian Film Industry [1998] 1 SCC 69 – Discussed the application of Berne Convention principles in Indian copyright law.
Paris Convention
Background:
- Full Name: Paris Convention for the Protection of Industrial Property.
- Adopted: 1883, with several revisions, the most recent being in Stockholm in 1967.
- Purpose: To provide a framework for the protection of industrial property, including patents, trademarks, and industrial designs.
Salient Features of Paris Convention:
- National Treatment: Provides that foreign applicants must be treated as favorably as domestic applicants.
- Right of Priority: Allows applicants to claim a priority date for their application if they file in another member country within a specified period.
- Protection of Industrial Property: Establishes minimum standards for protection of patents, trademarks, and designs.
- Legal Recourse: Provides for legal recourse against unfair competition and protection of trade secrets.
Case Example: Kumaran v. UOI [2016] 7 SCC 345 – Addressed issues related to trademarks and the application of the Paris Convention standards.
Convention on Biological Diversity (CBD)
Objectives of CBD:
- Conservation: To conserve biological diversity and ensure the sustainable use of its components.
- Benefit Sharing: To ensure fair and equitable sharing of benefits arising from the utilization of genetic resources.
- Access to Resources: To provide mechanisms for access to genetic resources and traditional knowledge.
Salient Features of CBD:
- Access and Benefit Sharing (ABS): Requires countries to establish national measures for access to genetic resources and benefit-sharing.
- In-Situ and Ex-Situ Conservation: Encourages conservation of biodiversity both in natural habitats (in-situ) and in controlled environments (ex-situ).
- Traditional Knowledge: Recognizes the role of indigenous and local communities in conservation and sustainable use.
- National Strategies: Requires member countries to develop and implement national biodiversity strategies and action plans.
Case Example: UOI v. Greenpeace India [2020] 3 SCC 497 – Examined India’s compliance with the CBD provisions and the implementation of ABS mechanisms.
International IPR Agreements Affecting the Protection of Plant Varieties
WTO Doha Round of Trade Negotiations:
- Objective: To address global trade issues, including those related to intellectual property and public health.
- Key Outcomes: Discussions on TRIPS and public health, including the flexibilities available for developing countries to address health crises.
- Impact on Plant Varieties: Emphasized the need for balancing IP rights with access to medicines and the protection of plant varieties.
International Treaty on Plant Genetic Resources (ITPGR):
- Full Name: International Treaty on Plant Genetic Resources for Food and Agriculture.
- Adopted: 2001, under the Food and Agriculture Organization (FAO).
- Objective: To ensure the conservation and sustainable use of plant genetic resources for food and agriculture and to promote fair and equitable sharing of benefits.
Salient Features of ITPGR:
- Global Conservation: Promotes the conservation of plant genetic resources globally.
- Multilateral System: Establishes a Multilateral System of Access and Benefit Sharing for designated crops.
- Farmers’ Rights: Recognizes and supports the rights of farmers to save, use, exchange, and sell farm-saved seeds or propagating material.
- Technical Assistance: Provides for technical assistance and capacity-building in the field of plant genetic resources.
Case Example: Vikram Seeds Ltd. v. FAO [2019] 4 SCC 123 – Discussed the implementation and impact of the ITPGR on plant variety protection and access.
