The World Intellectual Property Organization (WIPO) celebrates World Intellectual Property Day on April 26, the day on which the WIPO Convention came into force in 1970.

It aims to increase general understanding of intellectual property (IP).

World IP Day offers a unique opportunity each year to join with others around the globe to consider how IP contributes to the flourishing of music and the arts and to driving the technological innovation that helps shape our world.

This year’s theme

World IP Day 2021 shines a light on the critical role of small and medium-sized enterprises (SMEs) in the economy and how they can use intellectual property (IP) rights to build stronger, more competitive and resilient businesses.

This year’s theme is ‘IP and SMEs: Taking Your Ideas to Market’.

WIPO Director General Daren Tang describes SMEs as the unsung heroes of the global economy and an engine for growth in a post-pandemic world. Tang said that SMEs account for 90 per cent of all companies worldwide and 70 per cent of global employment.

Intellectual Property Rights

‘Intellectual Property’ refers to creations of the mind. These creations can take many different forms, such as artistic expressions, signs, symbols and names used in commerce, designs and inventions.

Governments grant creators the right to prevent others from using their inventions, designs or other creations — and to use that right to negotiate payment in return for others using them. These are “Intellectual Property Rights”. 

The extent of protection and enforcement of these rights varied widely around the world and as intellectual property became more important in trade, these differences became a source of tension in international economic relations.

New internationally-agreed trade rules for intellectual property rights were seen as a way to introduce more order and predictability, and to settle disputes more systematically.

What is the need for 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.

• The legal protection of new creations encourages the commitment of additional resources for further innovation.

• The promotion and protection of intellectual property spurs economic growth, creates new jobs and industries, and enhances the quality and enjoyment of life.

• 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.

Types of Intellectual Property

Copyright: It is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, and films, to computer programs, databases, advertisements, maps, and technical drawings.

Patent: A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.

Trademark: A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks date back to ancient times when artisans used to put their signature or “mark” on their products.

Industrial Design: In a legal sense, an industrial design constitutes the ornamental aspect of an article. An industrial design may consist of three dimensional features, such as the shape of an article, or two dimensional features, such as patterns, lines or colour.

Geographical Indication: A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place. In addition, the qualities, characteristics or reputation of the product should be essentially due to the place of origin. Since the qualities depend on the geographical place of production, there is a clear link between the product and its original place of production.

Trade secrets: Trade secrets are IP rights on confidential information which may be sold or licensed. The unauthorised acquisition, use or disclosure of such secret information in a manner contrary to honest commercial practices by others is regarded as an unfair practice and a violation of the trade secret protection.

What is WIPO?

The World Intellectual Property Organization (WIPO) is the global forum for intellectual property policy, services, information and cooperation. 

A specialised agency of the United Nations, WIPO assists its 193 member states in developing a balanced international IP legal framework to meet society’s evolving needs. 

Its headquarters is situated in Geneva. 

It provides business services for obtaining IP rights in multiple countries and resolving disputes. 

WIPO delivers capacity-building programs to help developing countries benefit from using IP. 

India and IPR

India is a member of the World Trade Organisation and committed to the Agreement on Trade Related Aspects of Intellectual Property (TRIPS Agreement).

India is also a member of the World Intellectual Property Organization, a body responsible for the promotion of the protection of intellectual property rights throughout the world.

India is also a member of WIPO-administered international treaties and conventions relating to IPRs. 

India has a well-established legislative, administrative and judicial framework to safeguard IPRs, which meets its international obligations while utilising the flexibilities provided in the international regime to address its developmental concerns. 

The Department for Promotion of Industry and Internal Trade (DPIIT) is the nodal department for administration of various laws related to Intellectual Property Rights.

IP legislations in India:

1) The Patents Act, 1970

2) The Trade Marks Act, 1999

3) The Copyright Act, 1957

4) The Geographical Indications of Goods (Registration & Protection) Act, 1999

5) The Designs Act, 2000

6) The Semiconductor Integrated Circuits Layout-Design Act, 2000

7) Biological Diversity Act, 2002

8) The Protection of Plant Varieties and Farmers’ Rights Act, 2001

9) The Competition Act, 2002.

The office of the Controller General of Patents, Designs and Trademarks (CGPDTM), a subordinate office under DPIIT, carries out statutory functions related to grant of patents and registration of trademarks, designs and Geographical Indications. 

The registration of copyrights is administered by the Registrar of Copyright Office, working under the CGPDTM. 

It functions out of offices situated in New Delhi, Kolkata, Mumbai, Chennai and Ahmedabad, while the Central IP Training Academy is at Nagpur.

Intellectual Property Appellate Board (IPAB) was established in 2003, under Section 83 of the Trade Marks Act, 1999 to hear appeals against the decision of the Controller of Patents.

Presently, IPAB has its headquarters at Chennai and conducts its Circuit Bench sittings periodically at Ahmedabad, Delhi, Kolkata and Mumbai.  

National Intellectual Property Rights (IPR) Policy

The National IPR Policy, approved on May 12, 2016 lays the roadmap for intellectual property in India. The Policy recognises the abundance of creative and innovative energies that flow in India, and the need to tap into and channelise these energies towards a better and brighter future for all. 

The National IPR Policy is a vision document that aims to create and exploit synergies between all forms of intellectual property (IP), concerned statutes and agencies. 

It sets in place an institutional mechanism for implementation, monitoring and review. It aims to incorporate and adapt global best practices to the Indian scenario.

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