I. IMPERATIVE OF PUBLIC POLICY The book on Intellectual Property Rights & Public Policy offers a multi layered narratives of IP laws and governance in the context of India’s emergence of one of the fastest growing economies in the world. The time is ripe to leverage the country’s knowledge-based assets to achieve inclusive and sustainable economic growth.1 The IPR Policy, 20162 is the first of its kind in India which encapsulates the critical role of Intellectual Property (IP) as a custodian to transform knowledge into intellectual assets. Additionally, the policy also provides for IPs enhanced role as a competition regulator, a marketable financial asset as well as an economic tool. Although India has a significant knowledge base, a large part of it remains unprotected due to the lack of awareness about intellectual property legislations. The IP policies attempt to create an innovation ecosystem which can potentially transform knowledge into protectable and tradable ‘intellectual assets’. The public policy regarding intellectual property has been shaped in the after math of supreme court pronouncement in Novartis A.G. v. Union of India3, most notably after the accession of BJP government and their initiative of Review of IP laws and pronouncement of National Intellectual Property Policy, 2016. It is therefore logical to look at fall out of Novartis judgments in critical perspective4 and appraisal of UPA-II Government’s failure to cooperate with an investigation led by the US International Trade Commission (USITC) into India’s IPR related issues under the title of ‘Trade, Investment and Industrial Policies in India: Effects on the US Economy’ during 2013-14.5 II. IMPLICATION ON ACCESS TO HEALTH The Commerce and Industry Ministry maintains that in order to resolve the weak IPR protection environment in India and the ministry would soon have a policy think-tank. A new IPR policy will be brought to deal with issues raised by the developed countries like the United States a clear indication of change and ground setting before Narendar Modi’s visit to United States.6 This created rumours that the NDA Government had withdrawn powers of the National Pharmaceuticals Pricing Authority (NPPA) to fix or revise prices under Para 19 of Drugs Pricing Control Order (DPCO), 2013.7 It alleged that media had wrongly reported the direction given to the NPPA for withdrawing the notifications dated 10 July 2014, fixing prices of 108 non-scheduled drugs used to treat diabetes and cardiovascular diseases.8 Some experts had opined that the government clampdown on NPPA’s power was an attempt to project India as market-friendly just ahead of the PM’s visit to US. Iftikhar Gilani publisher of DNA documented that the Government’s decision to decontrol prices of 108 drugs pushed up the price of Glivec (among many others) – an anti-cancer drug/ tablet that was denied patent protection by the Supreme Court of India in April 2013 - from Rs 8,500 to Rs 1.08 lakh. It seemed like a well-orchestrated move on the part of NDA to appease US drug companies who did not like the low-priced “generic” medicines that are manufactured in India.9 The Ministry of Chemicals and Fertilizers [dated 25 September, 2014] also joined in such denial by saying that: The Government has clarified that it had not withdrawn powers delegated to the NPPA on 30th May 2013, within the framework of the National Pharmaceuticals Pricing Policy (NPPP) 2012 and the Drugs Pricing Control Order (DPCO), 2013. It is further stated that the orders dated 10.07.2014 issued by the NPPA, fixing prices of certain drugs in exercise of powers under Para 19 of DPCO, 2013 have not been withdrawn. In the light of some writ petitions filed in Bombay and Delhi High courts, the NPPA withdrew certain internal guidelines that it had earlier issued on 29.05.2014, after a consultation with the Ministry of Law and Justice.10 The clarification comes in the wake of some media reports which indicated that the Government had withdrawn powers of the NPPA to fix or revise prices under Para 19 of DPCO, 2013.11

I. PUBLIC POLICY CONCERNS The working of the Trade Related Aspects of Intellectual Property Rights Agreement (TRIPS) Agreement, 1995 along with World Intellectual Property Organization (WIPO) and the jurisprudence developed for the last twenty years is a testimony to the fact that although TRIPS is geared to promote the protection of intellectual property rights internationally, yet some controversial public policy issues need to be addressed and solutions devised for addressing these public policy issues otherwise there is a possibility of seeing the demise of TRIPS Agreement or sidetracking it by some other methods which may not be conducive for maximizing the welfare of the international trading community. As all of us know that intellectual property and international trade are mutually inclusive and the minimum standards set forth in the TRIPS Agreement are economically value oriented. The trade offs among and between the members of the WTO need to be balanced on an even keel, otherwise the possibility of camaflouging the TRIPS Agreement and the attendant jurisprudence becomes real. The TRIPS Agreement addresses seven categories of IP rights such as; Copyright and related rights; Patents; Trademarks and Service marks; Geographical Indications; Undisclosed Information or Trade Secrets; Industrial Designs ; and Layout Designs of Integrated Circuits and read with other WIPO Treaties obligates the members of the World Trade Organization (WTO) to reduce distortions and impediments to international trade by taking into account the effective and adequate protection of intellectual property rights as well as the procedures for the enforcement should not become barriers to international trade. The TRIPS Agreement also recognizes the need to cater to the special needs of the developing and least developed countries.

I. ROLE OF INTELLECTUAL PROPERTY The international community has set itself the target of reducing the proportion of people below poverty line to half by 2015, along with associated specific targets for improving health and education and environmental sustainability. The Millennium Development Goals, adopted at various international fora, recognize the crucial importance of reducing poverty and hunger, improving health and education, and ensuring environmental sustainability. It is important to know whether and how intellectual property rights (IPRs) could play a role in helping the world meet these targets — in particular by reducing poverty, helping to combat diseases, enhancing access to education and contributing to sustainable development, protecting our cultural heritage, safeguarding the food security for the country. It is also necessary to deliberate whether and how they create obstacles to meeting those targets and, if so, how those obstacles can be removed. There are strong views from both sides on the protection and enforcement of IPRs though there is no data to check these views objectively. Some argue strongly that IPRs are necessary to stimulate economic growth, which in turn, helps in poverty reduction. By stimulating invention and new technologies, IPRs help to increase agricultural or industrial production, promote domestic and foreign investment, facilitate technology transfer and improve the availability of medicines necessary to combat diseases. They are also of the view that there is no reason why a system that has worked for developed countries would not work for developing countries. Others argue equally vehemently the opposite. IPRs do little to stimulate invention in developing countries, because the necessary human and technical capacity may be absent there. In assessing these opposing arguments, it is important to remember the technological disparity between developed and developing countries as a group. What role the intellectual property can play to plug this gap is a serious subject for every developing nation? For this, it is also pertinent to know about the IPRs, the challenges they pose to the legal system in general and to the Indian legal system in particular, and their basic rationale to take a considered approach in their implementation.

I. INTRODUCTION & OVERVIEW Intellectual property rights may be defined as the legal relationships that arise out of an individual’s creative gifts and the communication to society of his or her intellectual creations. Intellectual property is challenging as well as rapidly widening horizon of law. The purpose of law is to encourage and reward creativity and intellectual effort. The prominence of this branch of law in India is partly due to India’s economic structure and its geographical position in the world. Many international companies operate in India either directly or through licensees or agents. Numerous goods, services, and technological developments have overseas origins. Foreign companies often control their interests through contract but they invariably do so by means of copyright law, obtaining of patents or by registration of trade-marks and designs. It follows that in particular circumstances intellectual property remedies are most convenient method of maintaining control, or at least a useful adjunct to other remedies based on contract. Another important factor is the upsurge in “piracy” that is occurring not only in India but also in almost every other part of the world. Piracy may originate outside India, or, it may also originate in lndia. While devising legal apparatus for the welfare and protection of creative people, we must not lose sight of the public interest in the greatest measure of access to information and culture. Intellectual property rights are significant wealth- creating assets and their protection and commercialization are of increasing economic significance. In past the value of such rights was often overlooked and it is only in recent years that the economic potential of intellectual property has started receiving greater recognition. The dawn of the third millennium which has led to the emergence of knowledge capitalism with emphasis on intangible assets such as knowledge, competencies and intellectual property is a defining movement in the history of mankind. It is a defining moment in the history of mankind because the historical forces set in motion by the digital revolution has spawned a new civilization characterized by path breaking inventions and technological innovations and the opening up of the electronic frontier. It is an age of digital renaissance which combines the marvels of the Age of Discovery and the excellence of medieval Renaissance rolled into one. As a result of the information technology revolution there is a transition from industrial society to information society. Convergence of computer networks and communication technologies facilitated by the digital revolution has given birth to Cyberspace which in turn has ushered in knowledge economy. Hence, the intellectual property law faces challenges. In this background the concept, nature and development of intellectual property rights are proposed to be examined. The paper will be divided into V more parts. Part II of the paper will outline the meaning concept of intellectual property and range of subject matter protected by law, part III will examine the jurisprudential justifications of intellectual property protection, part-IV will explore the evolution and development of intellectual property rights under international law, part-V will demonstrate the evolution and development of intellectual property rights under Indian law. And part-VI will conclude the subject.

I. INTRODUCTION Nations are growing with pace in technology and technological advancements. Till the end of 20th century development was the priority of entire planet earth but in the ending of the 20th century it was realized by almost all countries that development cannot go alone but it has to have the social, economic and environmental concerns. It was realized by the United Nations in Rio Conference on Environment and Development, 1992 that there is need of sustainable development. Now in 21st century the technological advancements are needed to be utilized for saving the planet earth from the curse of climate change and global warming reducing the carbon emissions across the entire planet earth. The argument in this paper is based on, how far technological advancements and technology transfer, by developed countries to developing countries can be facilitated in reduction of the carbon emission and greenhouse gases, through legally binding norms? How there should be synergy in between technologies reducing carbon emission and IPR issues?

I. MANDATE OF COPYRIGHT LAW The importance of intellectual property rights has arisen in recent years to a great extent. The law of copyrights protects original forms of expression i.e. Novels, Movies, Musical compositions and computer software etc. Earlier it was mainly confined to the -published Work and owner of it could prevent others from getting it published in the form of books or articles in order to get benefit in terms of money or goodwill or reputation. In case of such undue enrichment, the owner had a valid cause of action. The owner of the copyright has a valid cause of action against the violator. At present even in case of its adoption and translation or abridgement, it is obligatory to have consent of author. The main purpose and object of copyright law is to protect the expression in any other form from unauthorized use. Since 1847, the copyrights law is in developing stage so, many legislations has been enacted.1 With the changing of times, the meaning of expression also changes and the style of exhibit the things also changed. The right of author who gives expression in any form is protected from unauthorized use.

I. INTRODUCTORY OUTLINE The post-Vienna legal phase is remarkably known for revolutionary changes across the global wherein the third generation of human rights became the hallmark for the comity of nations and a liberational instrument to come out of nightmarish experiences of poverty and hunger.1 On the other hand the post-GATTised legal ordering is known for much publicized and debatable conclusion of Trade Related Aspect of Intellectual Property Rights (TRIPs) and creation of World Trade Organisation (WTO).2 This new jurisprudential polemics soon evoked fierce scrutiny from the stand point of human right and poverty among third world countries.3 At home, it is dubbed as ‘bleeding operation with the dubious promise of benign global competition’, ‘de facto nullity of constitutional goal of social welfare’ and ‘contra- constitutional coup.4 Since India has become a member of WTO it indulged into massive rehabilitation and fundamental mutation of IPR regime. Despite the fact that it has a stark distinction of being a grain- surplus and food and livelihood insecure country. An inventory of over forty five million tonnes of wheat and rice in granaries remains ready for consumption. On the other hand over two hundred fifty million people generally go to bed partially hungry every day. There is a near consensus on the need to banish hunger but the realities on the ground remain that even at the risk of raising hopes the goal of food security may not be realized for generations.5 At home under the cover of food security the government is keeping millions of tonnes of food out of reach of the poor people.6 In fact India’s record breaking 200 plus million tonnes harvest is the result of steep fall in purchasing power of poor. The myth of surplus is based on sending hundreds of millions of human being hungry to their beds.7 Taken to its logical end we have abundance of food, surplus of hunger and scarcity of vision under the garb of food security.8

I. INTRODUCTION Procedural remedies for the infringement of one’s right are not enough by themselves unless they result in some reliefs of substantive nature whereby it can reasonably be said that these reliefs, temporary or permanent, as the case may be, are enough in the circumstance to make good or, say, compensate the genuine loss of the aggrieved party to an infringement suit. The substantive remedies available to a successful plaintiff at any stage in any suit for patent infringement could, however, be derived from the express as well as by necessary implication of the provisions of the Patents Act, 1970 dealing with the “Reliefs in suit for infringement”. Its Sec. 108 declares in terms quoted below:

I. INTRODUCTION Over the last few decades, protection of intellectual property rights (IPRs) has become a global issue. The existing international intellectual property rights regime has been governed by the Trade- Related Aspects of Intellectual Property Rights (TRIPS) Agreement.1 Inspite of maturity of intellectual property laws in post TRIPS era it still desiderate to established coherence with human rights laws particularly right to health and maintain a distance with the socio-economic dimension of intellectual property protection. On the other hand the international human rights instruments from the very beginning appear to be considerable to make certain links with intellectual property rights.2 The issue that is now debated that the adoption of the TRIPS Agreement provisions have serious impact on the realization of certain basic human rights such as the right to health because of non availability and affordability of much needed medicines for the poorer populations of the world particularly in majority of developing countries. Meanwhile TRIPS flexibilities as confirmed by the Doha Declaration on Public Health were adopted in 2001 by the global community to address medicines as public health issue.3 Keeping in view the above developments the problem of right to health and the relationship between medical patents and access to medicine in the case of the HIV/ AIDS and T.B epidemics is complex challenge in the context of the 2030 Agenda for Sustainable Development Goals in 2015 adopted by Member States of the United Nations in Sep, 2015. One of the aims of the agenda is to ensure healthy lives and promote the well-being of people of ages.4 In such a situation it is high time to revisit the existing intellectual property regime in the broader context to protect everyone who is likely to be negatively affected by intellectual property standards imposed by developed nations. Under this backdrop the present paper wishes to examine the various kinds of potential impacts of intellectual property regime on the realization of access to medicine as part of human right to health as universal entitlements amongst the most disadvantaged and marginalized peoples and communities in the broader context of sustainable development goals.

I. INTRODUCTION In a global, knowledge-based economy, Intellectual Property Rights (IPRs) are a key to the international competitiveness of both nations and firms. International competition in the traded goods increasingly contains a high degree of innovation. IPRs have thus; become a trade issue and a major component of the World Trade Organisation (WTO). Adequate IP protection at an international scale has become essential for appropriating global revenue streams to support investments in developing state of- the- art technology. Although the concept of intellectual property is very old, there appeared the need to harmonize laws to facilitate international trade and free flow of technology. This became very necessary because it was difficult to obtain sufficient protection in the other countries of the world, in view of the disparity in the laws in each country. As per World Intellectual Property Organisation (WIPO) definition, intellectual property refers to creations of the mind, inventions, literary and artistic works, symbols, names, images and designs used in commerce. Broadly, intellectual property is divided into two categories. The first category covers industrial property, which includes patents, industrial designs and trademarks, all of which have industrial applications. The other refers to copyright laws, which are applied to such things as literary, dramatic and artistic works; rights relating to performing artists, the production phonograms and rights of broadcasters in their radio and television programs.1 Patented inventions have, in fact, pervaded every aspect of human life, from electric lighting and plastic, to ballpoint pens and microprocessors. During a time when the future of many industries seems uncertain, one industry in particular appears to be positioned for expansion and enduring success. This is the biotechnology industry, which according to some analysts will be a major driving force behind the new economy of the 21st century.2 This seemingly lofty prediction is based in large part on the immense promise offered by biotechnology. The innovations developed with biotechnological techniques promise to prolong and improve our lives and the world we live in by achieving advancements in health care, agriculture, food products and production, industrial processes and environmental preservation. Biotechnology is not a new science and it has existed in some form or the other for centuries. Biotechnology in one form or another has been part of human development since the dawn of agriculture. Human ingenuity has led to increased production and greater diversity and quality of livestock and varieties of crops. Today’s food crops and domestic animals embody the benefits of many generations of selection and breeding. However, the advent of genetics has opened exciting opportunities in this sector, because of its numerous applications, which range from improvement of human health and food production to reduction of environmental damage. These opportunities are also coupled with controversies that not only challenge the laws within which society functions, but also our ethical and religious beliefs.

I. INTRODUCTION Information technology has heralded a new era of Communication System. It has revolutionized the whole commercial world. The mother earth looks like a global village where people sitting thousands of miles away can talk face to face, like people sitting across the table. Business men and consumers are using computer to create, transmit and store information in the electronic form. Traditional form of paper documents are being discarded for the reason that electronic method is Cheaper, easier to store, retrieve and communicate. Though these advantages are obvious but people were reluctant to transact business in electronic form due to lack of legal frame work, validating these transactions. All the paper transactions involved writing and signature to conclude them. These writings and signatures posed a great hurdle for electronic governance and electronic commerce for validating and enforcing them. The law of Evidence is based on paper made documents which should have been signature. Since electronic commerce eliminates the need for paper based transactions, hence to facilitate e-commerce the need for legal change has become an urgent necessity. International trade, though the medium of e-commerce, is growing by leaps and bounds for the past few years. Many countries have switched over from traditional paper based commerce to e-commerce. The instantaneous means of communications through internet have been a great menace to copy right in different areas David Teather from London has reported that the International Federation of the Phonographic Industry say that the market in year 2000 was worth $36.9 billion, a fall of 1.3 per cent on the previous year. The biggest decline in the sale of C.D. singles was 39% and globally it fell by 14%. The growth in popularity of Napster and to contain the damage. Napster is in the process of removing copyrighted material from its site.1 But the powers of the computer are so great that the law enforcement agencies are facing a real challenge to contain its onslaught. Internet telephony is a common sight at cyber cafe, despite the fact that it is illegal.2 B.B. Nanda and R.K.Tewari observe that “ internet paedophilia, computer network break-ins, industrial espionage, Child pornography password sniffling, spoofling, telecommunications fraud, software piracy, e- mail bombing and spamming, and the availability of illicit or unlicensed products and services are offences already making themselves felt. Emerging problems include credit card fraud, cyber terrorism, cyber laundering and criminal use of secure internet communications. The huge growth of internet will breed cyber fraud with great ease especially in the area of share-holdings of companies.3 The present weak electronic system of payment without adequate safeguard is posing a serious risk for unauthorised withdrawals from banks and counter money laundering operations. Software piracy is a boom business and video and phonographic industries are sinking day by day globally.4 The UNCITRAL Model law provides for equal legal treatment of users of electronic communication and paper based communication. In pursuance of a declaration made ‘by Member Countries, the World Trade Organisation (WTO) is about to form a work programme to handle its work in this area including the formation of multilateral trade deals through the medium of electronic commerce. The paper discusses, briefly, the meaning of cyber space the origin and development of intemet and e commerce its uses and abuses. Certain provisions relating to Information Technology Act, 2000 have been briefly discussed to apprise oneself about its effectiveness in meeting the challenges posed by e commerce in different areas.

I. INTRODUCTION The Websites are soaked in information, much of it with varying degrees of copyright protection. In fact, the reality is that almost everything on the Net is protected by copyright law. E-business Websites are a composition of materials, often consisting of words, graphics, audio, and video that are expressed to the consumer as information content. The owners and Website developers carefully select the content to sell the company’s product or service. The subject matter expressed in the site is an electronic publication of this content. Since, designing, producing, and maintaining a sophisticated Website is very expensive, protecting content ownership is extremely important. Electronic commerce will continue to be highly competitive. As Websites become more and more interactive with consumers, their creation, design, and maintenance place enormous demands on innovative marketing techniques that should be legally protected. Never before has it been so easy to violate a copyright owner’s exclusive right to copy the material. Everyone with a computer and an Internet connection creates his own Web pages and thus become a publisher. Hence the rules that once applied to only a few companies bind million of people now. Imagine having paid a Website developer hundreds of thousands of rupees to launch a killer application and acquiring millions of Rupees from a venture capitalist firm, only to discover that another e—business is using your online material. Or consider a scenario where your Website is linked to an e-business that displayed copyrighted material without the owner’s consent. Could your company be liable under a theory of copyright infringement? This paper highlights the scenario when contents of your Website are exploited by others without your permission or knowledge. The discussion is centered on copyright issues involved in the practices of linking, inlining and framing technologies which are normally being used on the Internet.

I. CHALLENGES TO CYBERSPACE The problems and prospects of copyright and information technology need to be deliberated in the context of present day jurisprudence. The subject is referable to the extensive use of information technology all over the world which has resulted in enhanced efficiency, effectiveness and optimum use of resources. The copyright law is concerned with the negative right of preventing copying of the physical material in the field of literature and arts. Trade and Merchandise Marks Act protects the patent, trade mark and design giving the registered proprietor an exclusive right to the registered material. The prohibition contained in rights in patent and copyright extend to the unauthorised manufacture or reproduction, so long as the exclusive right rests. Copyright has been held to be not the mere creature of the statute but a natural and civil right. The moral basis of the copyright is that the man is entitled to the fruits of its mental faculties as much as he is entitled to the fruits of his mechanical labour. The law rests on the English Commandment - thou shall not steal. It does not permit one man to make a profit and appropriate himself what has been produced by the labour, skill and capital of another. Blackstone in his commentaries Vol.II at page p.406 has stated: There is still another aspect of property and this is the right which an author may be supposed to have in his own original literary compositions: so that no other person without his leave may publish or make profit of the copies. When a man by the exertion of his rational powers has produced an original work, he seems to have clearly a right to dispose of that identical work as he pleases and any attempt to vary the disposition he has made to it appears to be an invasion of that right.

Appendices APPENDIX-A: NATIONAL INTELLECTUAL PROPERTY RIGHTS POLICY, 2016 EXECUTIVE SUMMARY Creativity and innovation have been a constant in growth and development of any knowledge economy. There is an abundance of creative and innovative energies flowing in India. India has a TRIPS compliant, robust, equitable and dynamic IPR regime. An all- encompassing IPR Policy will promote a holistic and conducive ecosystem to catalyse the full potential of intellectual property for India’s economic growth and socio-cultural development, while protecting public interest. The rationale for the National IPR Policy lies in the need to create awareness about the importance of IPRs as a marketable financial asset and economic tool.