eChapters

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. 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. 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.

11.1 Introduction

The application of greenhouse in agriculture is vast. Greenhouses are used for growing flowers, vegetables, fruits, transplants and varieties of certain crops in a controlled environment which is appropriate for the plants. The edible flowers are served in some good restaurants to grow them precise calculation is required. Sensor network can help to monitor and automate the activities in greenhouse. The objective of this chapter is to discuss the development of sensor nodes to monitor the growth of flower plants through XBee and internet of things. The system comprises of three sections- sensor nodes, local server and main server. Sensor nodes communicate to local server with XBee and then local server communicates the same data to main server through IoT.Fig.11.1 shows the generalized block diagram, sensor node is to be implemented on each flower pot and communicating to local and main server.

10.1 Introduction

The objective of this chapter is to develop a data logger and indicator for fire detection in agriculture field. The data logger is designed with the help of Scilab. The system comprises of Ardiuini Nano, light sensor, MQ6, MQ135, IR sensor, temperature sensor, power supply. The system is designed to take sensory data on Scilab with serial communication. Fig.10.1 shows block diagram for a system. Table.10.1 shows the component list required to develop the system.

9.1 Introduction

The objective of this chapter is to design an icloud and cayenne based perimeter monitoring system for agricultural field. Mobile app is designed to monitor the sensory data. The complete system comprises of two sections field device and mobile app. Field device comprises of NodeMCU, battery, motion sensors and laser sensors. The system is designed to monitor the agriculture field perimeter with motion and laser sensors, which are deployed at different locations of field. The sensory data is transmitted through NodeMCU and received at mobile app which can be accessed by authorized person. The same data can be accessed on webserver from anywhere in the world. Fig.9.1 shows a block diagram for a system. Table.9.1 shows the component list.

8.1 Introduction

The objective of this chapter is to develop a smart control for site-specific management of fixed irrigation system with Blynk app. Mobile app is designed to control the water management in field. The complete system comprises of two sections field device and mobile app. Field device comprises of Arduino, Node MCU, Power supply, LCD, Relay board, soil moisture sensor, temperature & humidity sensor, water level sensor, motor1, motor2. The system is designed to establish control and communication with specific agricultural field to take sensory data from the sensors and control the PUMP IN motor and PUMP OUT motor with the help of mobile app. Fig.8.1 shows a block diagram for a system.

7.1 Introduction

This chapter describes the development of data logger of agricultural field parameter monitoring system with MATLAB. The system comprises of Arduino, water level sensor, humidity sensor, light sensor, soil moisture sensor, temperature sensor, smoke detector, power supply, PC with MATLAB. The system is designed to monitor the environment and agriculture field parameters. The field device is designed to collect all physical parameters and same is communicated serially to MATLAB with I/O package. Fig.7.1 shows block diagram of the system. Table.7.1 shows the component list required to develop the system.

6.1 Introduction

This chapter describes the development of data logger of agricultural field parameter monitoring system with LabVIEW. The system comprises of two sections- Fields device and data logger. Field device comprises of Arduino, smoke detector (for sensing hazardous gases), soil moisture sensor, temperature sensor, humidity sensor, water level sensor, battery, display unit, 2.4 GHz RF modem. Data logger comprises of Arduino, display unit, 2.4 GHz RF modem, power supply, PC with LabVIEW. The system is designed to monitor the environment and agriculture field parameters. The field device is designed to collect all physical parameters and communicate it to the receiver end with LabVIEW. For establishing communication between two sections 2.4GHz RF modem is used, which can be replaced with any other modem also.Fig.6.1 shows block diagram of field device and Fig.6.2shows block diagram of data logger.Table.6.1 & Table.6.2 shows the component list required to develop the field device and data logger.

5.1 Introduction

The chapter describes the development of local web server on the laptop, to control the actuator from the server. Web server is used as remote control for the system. The system is designed to control water pump with respect to the soil sensor values. It comprises of NodeMCU, soil sensor, LCD, two relay boards for pump in and out the water from field.

4.1 Introduction

The objective of this chapter is to design a mobile app for agricultural field automation with Blynk app. Mobile app is designed to control the water management in field as per requirement. The complete system comprises of two sections sensor node and mobile app. Sensor node comprises of Node MCU, Power supply, LCD, Relay board, soil sensor and Ultrasonic sensor. The system is designed to establish control and communication with specific agricultural field to take sensory data from soil and ultrasonic level sensor and control the PUMP IN motor and PUMP OUT motor with the help of mobile app.Fig.4.1 shows a block diagram for a system to control specific agricultural field with mobile app and IoT modem.

3.1 Introduction

Internet of Things (IoT) allows computational devices and sensory support to connect with each other and access services on the Internet. The IoT idea was introduced to connect devices through the Internet and facilitate access to information for users. The potential application of IoT includes agriculture. The aim of this chapter is to explain the role of NodeMCU in the agriculture field. NodeMCU is IoT module which can be used to present the IoT concept as a basis for monitoring and control. The systems used in farm production processes. NodeMCU play a key role, with a focus on their realization by available microcontroller platforms and appropriate sensors. IoT based system provides opportunity to users to monitor and control the process remotely.

2.1 Introduction

Automation of agricultural field with IoT and microcontroller is new era of technology. Arduino based solution to agricultural field is open source platform. It can be used for developing data loggers and new sensors environment. The rate of solutions with Arduino and sensors is high as it is open source platform. The use of Arduino in agriculture can accelerate the growth of automation. Arduino can be interfaced with sensors like:

• Temperature
• Humidity
• Soil Moisture
• Water Pressure
• Water Flow and Water Metering
• Rain Gauge

To understand IoT “Internet of Things” it is important to understand internet first. Internet is connecting a device to other device anywhere in the world. When two devices are connected with the Internet, they can send and receive all kinds of information such as text, graphics, voice, and video. The high-speed, fiber-optic cables are used, through which the bulk of the Internet data travels. The Internet has revolutionized the communication world. In today’s scenario the internet is an important part for people around the world. The Internet is a global network of billions of electronic devices. The World Wide Web (www) is most widely used part of the Internet.

The “Internet of Things is a potentially integrated part of the ‘Future Internet’. IoT can be defined as a dynamic global network with self - configuring capabilities based on communication protocols where physical and virtual ‘Things’ interact with each other.

The Internet of Things (IoT) is inter-connecting the networks of smart devices. Smart devices may be embedded with vehicles, buildings, or other electronics object with software, sensors, actuators, and network connectivity. Network connectivity enables smart devices to collect and exchange data. The Internet of Things (IoT), also referred to as the Internet of Everything (IoE) which comprises of the web-enabled devices. IoT has its applications in smart city, smart surveillance, automated transportation, smarter energy management systems, water distribution, urban security and environmental monitoring. Agriculture is another new area of IoT application.

Due to advancement in technology the processing power and storage capacity has been increased, in the recent years. At the same time technology is making the devices pervasive, wearable and mobile. Smart devices are fitted with sensors, actuators which enable devices to sense, compute and act intelligently. They are able to exchange information with environment.

Appendix A: Diagrammatic Presentation of Processes Involved in Obtaining an Indian Patent

6.1    Copyrights
    
6.2    Trademarks
    
6.3    Geographical Indications
    
6.4    Trade Secrets

5.1    TRIPS
    
5.2    WTO
    
5.3    WIPO
    
5.4    Paris Convention
    
5.5    Berne Convention
    
5.6    Budapest Treaty
    
5.7    Madrid Agreement Marks (MAM)
    
5.8    The Patent Law Treaty (PLT)

4.1    Provisional and Complete Specifications
    
4.2    Publication
    
4.3    Request of Examination
    
4.4    PCT Application: Gateway to Foreign Patents

3.1    Competitive and Collaborative Research
    
3.2    The Strategy to Protecting Plants : Plant Variety Protection Act
    
3.3    IPR Issues in Biotechnological Patents Haldi, Neem and Basmati Rice
    
3.4    Patent Litigation

2.1    Specification Drafting
    
2.2    Methods and Precautions in Drafting Patent Specification
    
2.3    Disclosure Requirements
    
2.4    Patent Claims
    
2.5    Filing of A Patent Application