Intellectual Property Rights

Enforcing the Patent Bargain: Intellectual property rights sensitivity should not be at the expense of public health obligations.

The Ministry of Commerce’s Department for Promotion of Industry and Internal Trade published the 32-page National IPR Policy in May 2016.
The heading “Legal and Legislative Framework” was to create robust and effective IPR legislation.
Under Administration and Management, it balances the interests of right holders with the broader public interest.
The objective was “to modernise and strengthen service-oriented IPR administration”.

About
- Firstly, Intellectual property rights are the rights granted to individuals over their mind works.
- They often grant the inventor exclusive rights to utilise his or her creation for a set time.
- These are defined in Article 27 of the Universal Declaration of Human Rights, which states that everyone has the right to moral protection.
- Furthermore, material interests are derived from scientific, literary, or creative authorship.

Copyright
- It is a legal word that describes creators’ rights to their literary and artistic works.
- Copyrighted works include novels, music, paintings, sculpture, films, computer programmes, databases, commercials, maps, and technical drawings.
Patent
- It is a monopoly awarded for an invention.
- In addition, a patent gives the owner the authority to decide how – or whether – others can utilise the invention.
Trademark
- It is a marker that distinguishes one enterprise’s goods or services from those of other firms.
- Furthermore, it stems back to ancient times when artists would sign or “mark” their products.
Geographical Indications (GI)
- GI and appellations of origin are signs used on goods with a specific geographical origin.
- In addition, they possess qualities, a reputation or characteristics that are essentially attributable to that place of origin.

Firstly, Legal and Legislative Framework: The goal was to create robust and effective IPR laws that balance the interests of right owners with the greater public interest.
IPR, awareness, outreach, and promotion – raising public understanding of the economic, social, and cultural benefits of IPRs.
Create an environment conducive to invention and innovation, and encourage the creation of intellectual property rights.
Replace obsolete rules with solid and effective IPR laws that balance the interests of right holders with the greater public interest.
Innovation administration and management – update and strengthen service-oriented IPR administration
IPR commercialization – Commercialization provides value for intellectual property rights.
Furthermore, combating IPR infringements through strengthening enforcement and adjudication systems.

Sections 3(d), 53(4), and 107A of the Patents Act 1970 were added between 2002 and 2005 to discourage the nefarious practice of “evergreening” patents.
Patent evergreening is the technique of modifying medications to extend their patent period and hence their profitability.
The ban on evergreening in India benefits millions of individuals who cannot afford the pricey modified pharmaceuticals.
Furthermore, the development of domestic generic drug manufacturers.
However, the Indian Patent Office continues to grant and enforce evergreening patents on pharmaceuticals used to treat diabetes, cancer, and cardiovascular disease.

Under the Patents Act, there are four stakeholders: society, government, patentees, and their rivals.
Under the statute, each stakeholder possesses rights, making them all right owners.
When the Act is construed, applied, and enforced entirely in favour of patentees, especially when those patentees are evergreening, the legal rights of other stakeholders are harmed.
As a result, the IPR ecosystem cant strike a delicate balance to attract investment on the one hand while also promoting public health obligations and long-term national interest on the other.

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Content Source: Indian Express