Vol. 16, Issue 1, Jul-Dec 2023

Page: 92-95

INTELLECTUAL PROPERTY AND ITS IMPORTANCE IN INDIA

Dr Pulapalli Venkataramana

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The Trade related Intellectual property Rights (TRIPs) as non-trade issue in International trade, is originated from the process of negotiations of Uruguay Round, though it had its roots in the history of evolving new technologies in many nations. A large number of countries participating in the negotiations had initially objected to the inclusion of IPRs in the trade framework of GATT on two grounds. Firstly, the protection of Intellectual property is not related to trade and secondly, the content of the subject of IPR was already covered by another organization, i.e. the World Intellectual Property Organization (WIPO). As a compromise between the contending Parties, the subject of negotiations was termed as Trade Related Intellectual Property Rights (TRIPs). Later the agreements on Trade Related Intellectual Property Rights formed part of the WTO (World Trade Organization) agreements.

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References

• The world Trade Organization (WTO) does not use the term idea as intellectual property. But the specific expressions of these ideas in different forms are called the intellectual property. For a detailed discussion, Jayashreewatal (2001) 'Intellectual Property rights in the WTO and Developing countries' Oxford University Press, New Delhi.
• T.V Malavika (2006), 'Intellectual property Rights? The Hindu, Sunday April 6, 2006.
• In the case of trademarks, geographical indications and trade secrets this duration period is unlimited.
• Keayla, B.K., (1995) New patent regime: Implications for Domestic Industry, Research & Development and consumers Working Paper, Centre for Study of GATT Issues, New Delhi.
• In certain countries like India, these obligations of the patentee have been listed in the Patent Act itself as 'reasonable requirement of public interest'. The obligations are legally enforceable, Narayanan, P (1997), Intellectual Property Law (Eastern Law House) Calcutta, New Delhi. Page 15-16.
• Government of India, 'General Information for filing patent Application in India' (GOI, the Patent office Calcutta) patent Act 1970 and the Patents Rules 1972. According to these sources certain items are not patentable such as the inventions frivolous and contrary to well established natural laws, inventions that were contrary to law or morality or injurious to public health, mere scientific principle or the formation of an abstract theory, discovery of a new property for a known substance or use or process, a method of agriculture or horticulture and any process for the medical surgical, curative, prophylactic or other treatment of humanbeings or animals or plants to render them free of disease or to increase their economic value or that of their products
• Section 4 of Indian Patents Act 1970 read with subsection (1) of section 20 of the Atomic Energy Act 1962.
• Keayla B.K., (1995) 'Patents regime, Indian experience and options available' (New Delhi) National working group on patent Laws.
• Anthony D. Anato, 'International Intellectual Property Anthology' Anderson publishing company, Cincinnati (USA) 1996.