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Paper IV: Intellectual Property Rights (Advanced Paper II)
This theme will expose the students to the basic understanding of the political, social and economic concepts that had played a major role in articulation and justification of IPRs.
Knowledge – characteristics and role in economic growth
Market for knowledge
o Incentives for creation of new knowledge
o Appropriation of knowledge: knowledge monopoly and its consequences
Basic forms of IPRs: Patent, copyright, trademark, industrial design
Under this theme, we examine the major statutes (their forms and various factors that were instrumental in their enactment); international interventions that had shaped the present understanding of IPRs and had led to the contemporary IP statues.
International organizations and Treaties (pre- TRIPs era): Paris Convention, Berne Convention, Rome convention, IPIC Treaty, Budapest Treaty. CBD, UPOV convention. WIPO, GATT, FAO, UNCTAD
Under this theme, we will look at how the past two decades can be distinguished by the tremendous changes in the IPR internationally; mainly in the direction of expanding and strengthening the scope of protection, and progressive harmonization in rules & regulations.
WTO Framework and the TRIPs Agreement Unification of IP rights
Extension of protect able subject matter New forms of IPRs
Scope of Sui-generis systems
Role of Patent Cooperation Treaty
This theme will discuss the various emerging issues surrounding IPR (mainly patents) in biotechnology and information communication technology. First a scientists’ perspectives will be presented to understand the basic nuances of these technologies. This discussion will be followed by a multidisciplinary discussion of adequateness and suitability of the conventional statutes of patents to cover these modern technologies.
Science of Biotechnology, Genetic engineering and ICT.
Patentability criteria in Biotechnology/ICT inventions.
Distinction between discovery and innovation in Biotechnology
This theme will trace the IP rights in India in the pre-independence era and the motivations that led to the enactment of first patent act by the Government of India. The Patent Act of 1970 and the present act, Patent (Amendment) Act 2005 will be examined. The impact of the patent act of 1970 and implications of the new stringent provisions in the amended act will be discussed using case studies.
The Patent Act of India 1911 and the Indian Patent Act of 1970.
IP rights in India and progressive harmonization with international standards; Patent Amendment Act (2005)
Some case studies giving examples of patents and technology transfer, access and affordability of medicines in India.
Deliberations of the National Working Group on Patent laws
IPRs and technology transfer
Traditional knowledge, IPR and Benefit sharing
Indigenous knowledge and its appropriation
IPR & Traditional Medicine, Private vis-à-vis community based ownership, Biopiracy, Breeders vis-à-vis Farmers rights
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