Preface to Intellectual Property Rights

Intellectual Property Rights (IPRs) are the rights available to a person over the creation of their intellect. The main objective of the protection of IPRs is to encourage creativity, invention, and innovation. The role of intellectual property is sine qua non of the cultural, economic, and technological development of a nation. The prosperity achieved by the developed nation is the outcome of the exploitation of their intellectual property. The absence of efficient legislation to protect intellectual property  can halt the development of the nation. Therefore, it is inevitable to protect and promote intellectual property rights. 

The origin of IP can be traced back to 600BCE. However, IPR became prominent in the recent past across the globe. The Uruguay Round of General Agreement on Tariffs and Trades (GATT), for the first time introduced discussion on IPRs. Discussion held during Uruguay Round facilitated in the development of TRIPS Agreement

The TRIPS Agreement (hereinafter referred to as, the Agreement) sets down minimum standards for all forms of IP regulations. The Agreement, which came into effect on 1st January, 1995 is till date the comprehensive multilateral agreement on IP. The Agreement covers the following areas of IP: 

1. Copyrights and Related rights (i.e. Performer’s right, right of producer of sound recording, and broadcasting organisation)

2. Trademark (including service marks)

3. Geographical Indications (including appellations of origin)

4. Industrial Design

5. Patents

6. Plant varieties

7. Layout Design of Integrated Circuit

8. Undisclosed Information (Trade Secret & Test Data)

With respect to the above areas of IP, the Agreement governs the various issues including basic principles of trading system and other IP agreements, mechanism for the settlement of dispute on IP between the member states of WTO. 

India became a party to the TRIPS Agreement in April 1995. India, being a member state, was obliged to bring municipal laws into conformity with the provision of the TRIPS Agreement. Consequently, India enacted a number of legislations including Trademark Act, 1999 (after replacing Trade and Merchandise Act 1958); Design Act, 2000; Geographical Indications of Goods (Registration and Protection) Act, 1999; Protection of Plant Varieties and Farmers’ Rights Act, 2001; and Semiconductor Integrated Circuit Layout-Design Act,2000. To give effect to the obligation of the TRIPs Agreement, the Copyright Act,1957 and the Patents Act, 1970 has also been amended several times. 

References:

1. V. K. Ahuja, Law Relating to Intellectual Property Rights, 3rd Edition

2. Dr. Ishita Chatterjee, International Trade Law, 2nd Edition