
The syllabus for intellectual property rights (IPR) encompasses a range of IPR forms, including patents, trademarks, copyrights, geographical indications, farmers rights, and breeders rights. Additionally, the course imparts knowledge about international treaties and institutions related to IPR at both the national and international levels. Special emphasis has been given to the International Treaty for the Protection of New Varieties of Plants and the Indian Protection of Plant and Farmers Rights Act, 2001. The book covers complementary conventions, laws, and information, such as the Convention on Biological Diversity, the Indian Biodiversity Act, the International Treaty on Plant Genetic Resources for Food and Agriculture, Traditional Knowledge, and Protection of Traditional Knowledge Rights holder. This book stands out due to its special focus on the protection of plant varieties, making it a valuable resource for undergraduate students of agriculture. The chapters are organized systematically, providing basic information that is easy to understand and learn, making it an effective method for grasping the fundamentals of IPR.
A new course Intellectual Property Right has been introduced in the B. Sc. (Ag.) program to make aware students with the rule and regulation of IPR at both domestic as well as international level. With the advent of Science & Technology the importance of the study of this subject has raised to a great extent. It is very important to protect the creation by the developer and prevent it from the misuse. The syllabus of Intellectual Property Right containing different forms of IPR such as Patent, Trademark, Copyrights, Geographical Indication, Farmers' and Breeders' right have been incorporated in this new course, IPR.
The recent concept of intellectual property emerged in England in the 17th & 18th centuries. The term Intellectual Property came in use in the 19th century and in the late 20th century. As of now the Intellectual Property has occupied common position in the global legal systems. There are different forms of Intellectual property rights which include patents, copyright, industrial design, trademarks, plant variety rights, trade dress, geographical indications and in some jurisdictions trade secrets too
Major International Treaties Related to IPR & TRIPS There are different forms of intellectual property like Patents, Copyright, Trademarks, Industrial design, Plant Varieties etc. Various meeting and conventions were also convened for the protection in these intellectual properties at international level from time to time and to bring uniformity and coordination among member countries. These were reflected in different treaties, which are mentioned below. Among all these treaties/conventions the agreement on Trade related aspects of intellectual property rights (TRIPS), which runs under aegis of World Trade Organization is most influential, comprehensive and inclusive of all.
There are many types of intellectual property and its type varies from country to country. The most common types are patents, copyrights, trademarks, design and trade secrets. Intellectual property is an intangible creation of the human intellect and this intangible nature of intellectual property faces problems in comparison of traditional property like land or goods. Unlike traditional property, intellectual property is not dividable therefore a number of people can consume an intellectual good without its consumption. In addition, investments in intellectual goods suffer from appropriation problems, for instance Landowners can surround their land with a robust fence and hire armed guards to protect it, but creators of intellectual property cannot do that to stop their first buyer from replicating it and selling it at a lower price.
The history of Patent law in India starts from 1911 when the Indian Patents and Designs Act, 1911 was enacted. The present Patents Act, 1970 came into force in the year 1972, amending and consolidating the existing law relating to Patents in India. The Patents Act, 1970 was again amended by the Patents (Amendment) Act, 2005, wherein product patent was extended to all fields of technology including food, drugs, chemicals and micro organisms. After the amendment, the provisions relating to Exclusive Marketing Rights (EMRs) have been repealed, and a provision for enabling grant of compulsory license has been introduced.
The Madrid System for the International Registration of Marks is governed by two treaties. The first one is he Madrid Agreement, which was concluded in 1891 and revised at Brussels (1900), Washington (1911), The Hague (1925), London (1934), Nice (1957) and Stockholm (1967), and amended in 1979. The other one is the Protocol related to this agreement which was concluded in 1989. The aims of this protocol are to make the Madrid system more flexible and more compatible with the domestic legislation of certain countries or intergovernmental organizations that had not been able to accede to the Agreement.
It is the most significant international convention in the field of protecting copyright. The Berne Convention deals with the protection of works and the rights of their authors. It is based on three basic principles and contains a series of provisions determining the minimum protection to be granted, as well as special provisions available to developing countries that want to make use of them. The Berne Convention, signed on 9 September, 1886, was revised at Paris in 1896 and at Berlin in 1908, completed at Berne (Switzerland) in 1914, revised at Rome in 1928, at Brussels in 1948, at Stockholm in 1967 and at Paris in 1971, and was amended in 1979.
This is an international convention governing the recognition of deposits in officially approved culture collections for the purpose of patent applications in any country that is a party to it. Because of the difficulties and on occasion of virtual impossibility of reproducing a microorganism from a description of it in a patent specification, it is essential to deposit a strain in a culture collection centre for testing and examination by others. This was the year, 1974, the Director General of WIPO convened a committee of Experts to discuss the possibilities of international cooperation over the deposit of microorganisms for patent purposes
The Patent Cooperation Treaty provides an overview of an International Treaty which is administered by the World Intellectual Property Organization. The Patent Cooperation Treaty is an international treaty with more than 157 Contracting States by 2022. India deposited its instrument of accession on 7 September 1998 to both international treaties of WIPO in Geneva i.e. Paris convention for the protection of Industrial Property and Patent Cooperation treaty. PCT provides a system for filing a patent application and allow us to obtain patents in multiple countries around the world on the basis of a single patent application.
The International Union for the Protection of New Varieties of Plants or UPOV is an intergovernmental organization with headquarters in Geneva, Switzerland. UPOV was established by the International Convention. The objective of the Convention is the protection of new varieties of plants by an intellectual property right. The Convention was adopted in Paris in 1961 and revised in 1972, 1978 and 1991. UPOV aims to encourage the development of new varieties of plants for the benefit of society by codifying intellectual property for plant breeders.
The International Union for the Protection of New Varieties of Plants (UPOV) based in Geneva, Switzerland and established in 1961 is an intergovernmental organization to provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society. For plant breeders' rights to be granted, the new variety must meet four criteria under the rules established by UPOV as discussed earlier also.
Components of biodiversity are all the various forms of life on Earth including ecosystems, animals, plants, fungi, microorganisms, and genetic diversity. Ecosystems, species and genetic resources should be used for the benefit of humans, but in a way that does not lead to the decline of biodiversity. Substantial investments are required to conserve biodiversity, but it will bring significant environmental, economic and social benefits in return. To address these challenges various initiatives were taken in the past such as Ramsar Convention on Wetlands in 1971, Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in 1973, 1979 Bonn Convention on Migratory Species (CMS) in 1979.
Biological Diversity Act, 2002 was passed by Indian government in pursuance of Convention on Biological Diversity, 1993 The Convention on Biological Diversity (CBD) is a legally binding multilateral environmental agreement that has 194 contracting Parties (Countries) as its members with three objectives mentioned below: Conservation of biological diversity Sustainable use of the diversity and Ensuring fair and equitable sharing of benefits of such use.
The ITPGRFA is a comprehensive international agreement which is poised at guaranteeing food security through the conservation, exchange and sustainable use of the world's plant genetic resources for food and agriculture, instead of fair and equitable benefit sharing arising from its use. It also advocates Farmers' Rights. 13.1. Genesis of the Treaty The conservation and sustainable use of plant genetic resources for food and agriculture are keys to feed global growing population in the coming future. The Commission on Genetic Resources for Food and Agriculture was established in 1983, and the voluntary International Undertaking on Plant Genetic Resources was adopted here in. Another major step was taken in 1996 with the adoption of the Global Plan of Action at the Leipzig International Technical Conference on Plant Genetic Resources.
Traditional knowledge is a type of Intellectual property. It is also known as indigenous knowledge generated from the local communities and tradition of regional technology areas. This knowledge is orally passed over generation from person to person. According to world intellectual property organization, Traditional knowledge is an indigenous, cultural and intellectual property. The biodiversity of a country, the uses and applications of biological resources and prevalent practices are examples of traditional knowledge associated with life science. TK has the tremendous potential of being transformed into commercial opportunity by the development of products and processes. Hence, a share of benefits must accrue to creators and holders of Traditional Knowledge.
15.1 Sample Objective Question Which one is related to deposition of Micro-organism? Madrid Agreement Berne Convention Budapest Treaty Patent Cooperation Treaty. WTO was officially commenced in the year........... 1970 2003 2005 1995 Which one is related to protection of Trademarks Madrid Agreement Berne Convention Budapest treaty None of these One of the four patent office is........... Patna Banglore Varanasi Mumbai
A Advantage of Madrid System, 54 B Berne Convention, 55, 57, 58, 115, 121, 122, 123, 125, 129, 131 Biodiversity Heritage Sites, 96, 99, 100 Biodiversity Management Committee, 96, 99 Biological Diversity Act, 2002, 95, 96, 99, 100 Bretton Woods Agreement, 2, 124 C Cartagena Protocol, 88, 89, 91, 92, 124 Compulsory Licensing of Patent, 43-44 Conference of Parties, 88 Convention on Biological Diversity, 77, 88, 89, 91, 92, 95, 101, 123, 125 COP-MOP, 92 Copyrights Act, 1957, 18, 21 Country of Origin, 10, 18, 52, 55, 56 Criteria of Patent, 32-33
