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INTELLECTUAL PROPERTY RIGHTS UPSC, Study notes of Environmental science

Environmental science

Intellectual Property Rights is one of the most high-yield yet confusing topics in the UPSC syllabus. From WIPO treaties to national IPR policies and GI Tags, the questions are sharp, analytical, and highly scoring—if you have the right material. These UPSC IPR Notes eliminate the clutter of heavy legal jargon and give you exactly what the examiner is looking for: crisp definitions, static frameworks, and dynamic current affairs integrations.

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2025/2026

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Intellectual Property Rights (IPR) Fundamentals

➢ Intellectual:

• It is human creativity and skills and a person's ability to think, understand and

implement ideas.

Intellectual Property:

• Intellectual property (IP) refers to creations of the mind, that is everything from

work of art to inventions, computer programs to designs, trademarks and other

commercial concepts.

o It is the product of the human mind.

o It can be any invention, like logo, poetry, books, symbols, songs, name, images,

designs, medicines, machines, etc.

Intellectual Property Rights:

• Intellectual property rights (IPR) are the legal rights granted to individuals or

organizations for creative or innovative works. These legal protections allow the

creators to control the use of their work and prevent others from using or

reproducing them without permission.

• Benefits: Through IPR one can earn recognition or financial benefits. They can

encourage new innovations, facilitate the upliftment of a country's pride.

Need for IPR

• To legally protect and safeguard human innovations.

• To promote the economic, social, and cultural well-being of people.

• To protect creations from unauthorized use.

• To provide incentives and rewards to creators.

• To encourage investment in R&D and foster innovation.

• To promote technology transfer, collaboration, and information sharing.

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Intellectual Property Rights (IPR) Fundamentals ➢ Intellectual:

It is human creativity and skills and a person's ability to think, understand and implement ideas. Intellectual Property:
Intellectual property (IP) refers to creations of the mind, that is everything from work of art to inventions, computer programs to designs, trademarks and other commercial concepts. o It is the product of the human mind. o It can be any invention, like logo, poetry, books, symbols, songs, name, images, designs, medicines, machines, etc. Intellectual Property Rights:
Intellectual property rights (IPR) are the legal rights granted to individuals or organizations for creative or innovative works. These legal protections allow the creators to control the use of their work and prevent others from using or reproducing them without permission.
Benefits: Through IPR one can earn recognition or financial benefits. They can encourage new innovations, facilitate the upliftment of a country's pride. Need for IPR
To legally protect and safeguard human innovations.
To promote the economic, social, and cultural well-being of people.
To protect creations from unauthorized use.
To provide incentives and rewards to creators.
To encourage investment in R&D and foster innovation.
To promote technology transfer, collaboration, and information sharing.

To maintain a balance between demand (or necessity) and creativity, offering recognition and motivation to inventors. ➢ Historical Evolution of Intellectual Property
Paris Convention, 18 83: The Paris Convention for the Protection of Industrial Property was born. This international agreement is the first major step taken to help creators ensure that their intellectual works are protected in other countries as well.
Berne Convention, 1887: Following a campaign by French writer Victor Hugo and his Association Littéraire et Artistique Internationale, the Berne Convention for the Protection of Literary and Artistic Works is agreed. o It was established for protection of artistic and literary works and agreed to allow creators to receive payments internationally.
BIRPI, 1893: United International Bureaux for the Protection of Intellectual Property was formed with amalgamation and convergence of two secretaries of Paris and Berne Conventions.
WIPO, 1970: The Convention establishing the World Intellectual Property Organization (WIPO) comes into force and BIRPI is thus transformed to become WIPO. o Members: 193 member nations o Headquartered: Geneva, Switzerland.
WIPO joins the United Nations, 1974: WIPO becomes a specialized agency under the United Nations (UN). o Deals with the issue of IP globally. o India has been a member of WIPO since 1975.
Madrid Protocol, 1989: It simplifies the process of registering trademarks in multiple jurisdictions (120 countries). o Madrid Protocol allows a convenient and efficient way for trademark owners to register their trademarks in multiple countries. o It is administered by WIPO. o India joined the Madrid Protocol in 2013.
TRIPS, 1995: Trade-Related Aspects of Intellectual Property Rights (TRIPS) establishes minimum standards for IPR registrations.

Geographical Indication of Goods (Registration and Protection) Act, 1999 / GI Act

Overview: This sui generis legislation seeks to provide for the registration and protection of GI (Geographical Indication) relating to goods in India.
Protection Duration: 10 years but can be renewed indefinitely.
Example: Koraput Kala Jeera rice has been granted the Geographical Indication (GI) tag. o Kadaknath, the all-black fowl, of Madhya Pradesh o Chamba Rumal of Himachal Pradesh
Geographical Indication (GI) Right enables those who have the right to use the indication to prevent its use by a third party whose product does not conform to the applicable standards.
This act is administered by CGPDTM (Controller General of Patents, Designs, and Trade Marks)
Note: It is generally granted to a community, group or an organisation that represents the interests of the product. o GI Tags are given to agricultural, natural or manufactured goods.
2000: Design Act Was passed
2001: Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act. Protection of Plant Variety and Farmers Rights Act, 2001
Overview: This sui generis legislation was enacted in 2001. It is the world's only IPR legislation which grants IPR not only to plants' breeders but also to the farmers by protecting new, existing and farmers' variety.
Rights Under the Act: o Breeders' and Researches' Rights: Exclusive rights for the commercial production, sale, marketing, distribution and export of their protected varieties.

▪ Researchers can use any of the registered varieties under the act for conducting experiments or research. o Farmers' Rights: A farmer who has developed a new variety is entitled to registration and production in a similar way as a breeder of a variety. ▪ A farmer can use, sow, re-sow, exchange, share or sell their produce including a seed variety under PPV&FR Act ▪ Note: However, a farmer shall not be entitled to sell branded seeds protected under this act. ▪ There is also a provision of compensation for farmers for non-performance of the variety as promised. Patents (Amendment) Act, 2005

Criteria for Patents: Under the act, patents are granted if the invention fulfills the following criteria: o It should be novel o It should have inventive step/s or it must be non-obvious o It should be capable of Industrial application o It should not attract the provisions of sections 3 and 4 of the Patents Act 1970
New Introduction: It introduces product patent regime for food, drugs, microorganism and chemicals.
Evergreening of Patents: Section 3(d) of the act prevents "evergreening" of patents. o The section does not allow patents to be granted on new forms of existing or known substances unless it differs significantly in properties or efficacy. o Example: J&J Company's attempts to extend its patent on Bedaquiline were rejected by the Supreme Court of India as it was seen as evergreening of patent. ▪ Bedaquiline, a crucial drug for treating multidrug-resistant tuberculosis (MDR-TB) Note: ✓ Need for This Prevention: Patents give a 20-year monopoly on a chemical molecule. To extend this period, pharmaceutical companies may make small changes (like new dosages, forms, or combinations) and reapply for a patent. These

UPOV vs PPV&FR: Unlike UPOV, the Act facilitates protection of not only new, but even extant (existing) varieties. That includes those notified under the Seeds Act (1966), farmers' varieties and varieties of common knowledge. o The PPV&FR Act differs from UPOV (1991 Convention) also in that it entitles farmers to save, use, sow, re-sow, exchange, share or sell their produce (including seed) from a protected variety. This is as long as they do not resort to branding or packaging of the variety for commercial purposes. Note:
2005 Amendment: India became a party to the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement following its membership to the World Trade Organization on 1 January 1995. Following this, it amended its internal patent laws to comply with TRIPS, most notably in 2005, when it introduced pharmaceutical product patents into the legislation.
Protection To Pharmaceutical Products: The original Indian Patents Act did not grant patent protection to pharmaceutical products to ensure that medicines were available to the masses at a low price. This was on the recommendations of Rajagopala Ayyangar Committee. Patent protection of pharmaceuticals was re- introduced after the 2005 amendment to comply with TRIPS.
2016 : National Intellectual Property Rights (IPR) Policy 2016 was adopted in May

It actually brings all IPRs to a single platform. Fig: The index evaluates the IP framework of the world’s top 55 economies. The United States emerged at the top of the list followed by the United Kingdom, France, Germany and Sweden. National Intellectual Property Rights (IPR) Policy, 2016

It is a vision document for future IPR development with the tagline "Creative India; Innovative India".
Main Aim: Encompass and bring all IPR to a single platform.
Nodal Agency: Department for Promotion of Industry and Internal Trade (earlier was called Department of Industrial Policy & Promotion), Ministry of Commerce has been appointed as the nodal department to coordinate, guide and oversee the implementation and future development of IPRs in India. o Function of DPIIT: To incorporate and adapt best global practices in IPR. CIPAM:
The Cell for IPR Promotion & Management (CIPAM), under the aegis of DPIIT, is entrusted for the implementation of the objectives of the National IPR Policy. Indian Schemes

Protects inventions and provides exclusive rights to inventors. Inventors can make, use and sell his/her inventions. o Patent covers processes, products and methods which are novel, non-obvious and have industrial applicability. o Protection Duration: Generally patents are given for 20 years. It needs to be filed and requires patent ability assessment. o India Act: Patents are registered under the Patents Act, 2005. It includes technological processes, medical procedures, new machines, chemical composition, etc. 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. o Conventional Trademark: Words, logos, color combination, label, packaging, sign, symbols, etc. o Non-Conventional Trademark: Dynamic marks, smell, taste, sound, etc. ▪ Example: The country's trademarks office granted on 18 August 2008, its and India's first "sound mark" to California-based Internet firm Yahoo Inc.'s three-note Yahoo yodel. o Trademarks require registration for protection. o Duration: Trademarks are indefinitely given to an organization as long as it is being used and defined. o Indian Act: Trademarks are registered under Trademark Act, 1999. Note: ™ vs ® The trademark symbol (™) is used for unregistered or pending trademarks, while the registered trademark symbol (®) is used specifically for marks that have been officially registered. ➢ GI Tag:

GI Tags are a sign used on products that have a specific geographical origin. o GI Tags are registered under Geographical Indication of Goods (Registration and Protection) Act, 1999. o GI Tags are indefinitely provided as long as the defined qualities and characteristics exist. The registration is for 10 years and can be renewed indefinitely. o Registration is required for protection. o Example: Kutch Bandhani of Gujarat, Vasmat Haldi of Maharashtra. Plant Varieties:
They are registered under Protection of Plant Variety and Farmers Rights Act,

o Farmers are exempted from any registration fees. o Products: Seed varieties, hybrid fruits and vegetables. o Duration: The protection period is for 15 years for crops, and 18 years in the case of trees and vines. Industrial Designs:

An industrial design constitutes the visual, ornamental or aesthetic aspect of an article. A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or color. o They are registered under the Designs Act, 2000. Industrial tags are usually given for 10 years but can be extended for five further years. o Registration is required o Example: Model of car, jewelleries

INTELLECTUAL PROPERTY RIGHTS UPSC, Study notes of Environmental science

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