IPR & GI

Intellectual Property Rights (IPR)

  • After industrial revolution, science and technology played an increasingly important role in production and marketing of goods and services.
  • Outcome of the business operations in general and profit made in the operations depended upon the new innovations in providing new and better-quality services to the consumers.
  • New innovations led to higher profits and made the organisations to spend time and money on it.
  • Private and educational institutions invested on Research & Developments (R&D).
It became necessary to safeguard the interest of the organisation/ individuals engaged in (R&D) in respect of the new innovations – seeking their right over it and restricting others form copying it unless permitted by them on payment of a royalty or otherwise

Evolution of Intellectual Property Rights(IPR)

Legal rights arising out of an intellectual activity – literary, artistic or industrial, originated in the Paris Convention for the protection of industrial property and inventions in 1883.
Led to International Copyright Act 1886.
The General Agreement on Tariffs and Trade (GATT) was formed in 1949
World Intellectual Property Organization (WIPO) was created in 1960
World Trade Organization (WTO), created In 1977, dealt with the development & understanding of IPR.
Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) (from 1st January 1995).
Laid down the minimum standards for protection and enforcement of intellectual property rights in member countries, which are required to promote effective and adequate protection of intellectual property rights with a view to reducing distortions and impediments to international trade.
Protection of distinctive signs of Industrial Property has two parts

  1. Trademarks, which distinguish the goods or services of one undertaking from those of other undertakings
  2. Geographical indications, which identify a good as originating in a place where a given characteristic of the good is essentially attributable to its geographical origin.

GI aims at stimulating protection of distinctive sign and ensuring fair competition and to protect consumers, by enabling them to make informed choices between various goods and services. The protection may last indefinitely.

GI tagging Dispute over “Rasagolla”

GI tagging is done based on the unique features of a product of a particular geographical region.

  • Their have been dispute over the claims.
  • “Rasagolla” sweet was initially given GI tag for West Bengal.
  • “Banglar Rasagolla video no. 303”
  • This was challenged with an application quoting typical features of a similar product. from Odisha. After scrutiny and ascertaining its typical features, it was registered as
  • “Odisha Rasagolla video no. 329 on 29.07.2019”.