India’s IP Management system - POLITY
News:
The Calcutta High Court has recently ruled that employing contractual workers
for quasi-judicial functions at the Office of the
Controller General of Patents, Designs, and Trade Marks (CGPDTM) is
unlawful. This ruling could potentially undermine the validity of numerous
patents and trademarks issued in the last two years. This issue arose because
the Quality Council of India (QCI), an independent non-profit,
had hired contractual staff for these roles, which are typically reserved for
government or statutory officers.
What’s
in the news?
Key-highlights
of High Court Ruling:
- The court reviewed a trademark
opposition order issued by a contractual Associate Manager of Trademarks.
The court found that this order was invalid as the contractual worker did
not have the authority to issue quasi-judicial decisions. The position was
only meant for administrative roles.
- Implications:
Orders issued by these contractual staff are considered "legally
unenforceable," potentially affecting the legitimacy of patents and trademarks
granted during their tenure.
- Legal Opinion:
- Union Law Ministry:
In June 2024, the Union Law Ministry condemned this practice, declaring
such orders “legally unenforceable” as they were made by “outsourced
employees” in violation of the Trade Marks Act, 1999 (1999
Act).
- Government Action:
The DPIIT has been instructed to end its MoU with the QCI and form a
committee to review and revalidate decisions made by the contractual
staff.
- Past Judicial Criticisms: Previous
judgments criticized the Patent and Trademark Office for issuing poorly
reasoned or "mechanical" orders. Criticism included the use of
"cut-and-paste" orders and lack of thoughtful consideration in
patent and trademark decisions.
- Corruption and Procedural Issues:
- Corruption Allegations:
Reports of bribery and compromised officials handling intellectual
property cases have emerged.
- Congress MP's Allegations:
Claims were made about the disruptive effects of employing contractual
staff and the need for an independent inquiry into the handling of IP
rights.
- Impact on Intellectual Property (IP)
Management:
- Backlog and Strain:
Validating past orders will likely increase the backlog of cases and put
additional pressure on the IP system.
- Economic Impact:
IP is crucial for a knowledge-based economy. The mishandling of IP cases
could have significant negative effects on the country's economic growth.
Intellectual property rights (IPR)
Intellectual
property rights (IPR) are territorial rights that can be registered with a
legal authority in some presentable or tangible form which can be sold or
bought or licensed, similar to physical property.
Classification
of Intellectual Property Rights:
- Patents: An
exclusive right granted for a new invention—either a product or a
process—that provides a new technical solution to a problem.
- Trademarks:
A distinctive sign used to identify goods or services from a particular
source. It can include words, letters, numerals, or a combination of
these.
- Copyright and Related Rights:
Rights granted to creators for their original literary, artistic, and
musical works. These rights allow creators to control how their works are
used and to receive payment (royalties) for their use.
- Geographical Indications (GIs): Signs
used on goods that have a specific geographical origin and possess
qualities or reputation attributable to that origin.
- Industrial Designs:
The ornamental or formal appearance of a product resulting from creative
activity. This includes shapes, patterns, and colors applied to products.
- Trade Secrets: Confidential
business information that provides a competitive edge, such as
manufacturing processes or marketing strategies.
- Semiconductor Integrated Circuit
Layout Designs (SICLD): Designs of
integrated circuits used in electronic gadgets.
- Protection of Plant Varieties &
Farmers’ Rights: Recognizes and rewards the role of
farmers and traditional communities in developing and conserving plant
varieties.
- Protection of Biological Diversity:
Covers traditional knowledge related to biological resources.
Key
Institutions:
- Office of the Controller General of
Patents, Designs, and Trade Marks (CGPDTM): The
central authority responsible for granting and managing patents, designs,
and trademarks in India. It operates under the Department for Promotion of
Industry and Internal Trade (DPIIT).
- Department for Promotion of Industry
and Internal Trade (DPIIT): The government
department overseeing the CGPDTM and overall IP policy.
- Intellectual Property Appellate Board
(IPAB): A quasi-judicial body that
handles appeals against decisions made by the CGPDTM.
- Functions: Adjudicating disputes
related to patents, trademarks, and designs.
- Patent Offices: Regional
offices based in major cities like Mumbai, Delhi, Chennai, and Kolkata.
Key
Laws and Regulations:
- Patents Act, 1970: It
governs the granting and protection of patents in India.
- Trade Marks Act, 1999: It
regulates the registration, protection, and enforcement of trademarks.
- Designs Act, 2000:
It covers the protection of industrial designs.
- Copyright Act, 1957:
It protects literary, dramatic, musical, and artistic works.
- Features: Provides
rights to authors and creators, including moral rights and economic
rights, and outlines the process for copyright registration.
- Geographical Indications of Goods
(Registration and Protection) Act, 1999: It
protects geographical indications (GIs) which identify goods as
originating from a specific place.
- Biological Diversity Act, 2002: It
regulates access to biological resources and associated traditional
knowledge.
International
Compliance:
- India aligns its patent laws with
international standards.
- It joined the World Trade
Organization in 1995, leading to compliance with the TRIPS
Agreement.
- Amendments in 2005 introduced
pharmaceutical product patents in line with TRIPS.
- India is also part of various
intellectual property conventions, including the-
- Berne Convention for copyright
- Budapest Treaty
- Paris Convention for Industrial
Property protection
- Patent Cooperation Treaty for patent
matters