In today's world, the increase in consumption, priorities, and preferences of people has led to the creation of the same commodity in different ways. This has made it essential to have intellectual property rights to protect the efforts of creators and innovators. The evolution of the concepts of copyright, patent, trademark, and industrial designs has made a significant impact in this regard.

These rights and laws have given creators and innovators protection, credibility, and control over their products, services, designs, inventions, and work. For instance, copyright laws protect the original works of authors, artists, and musicians, while patent laws protect the inventions of scientists and researchers. Trademark laws protect the identity of a brand, while industrial design laws protect the appearance of products.

Recognizing these rights and laws has encouraged creators and innovators to innovate, design, and create their best work in their respective fields without worrying about piracy or imitation. This has also led to the creation of new jobs and industries, as well as an increase in economic growth.

Generating or innovating a piece of work requires a lot of resources, hard work, and effort. Hence, no creator or innovator would want to lose the benefits, recognition, and credibility of their work to others who have copied or imitated their work without permission. Intellectual property laws provide a fair and legal way to protect the efforts of creators and innovators, encourage innovation and creativity, and foster economic growth.

Laws that deal with IPR

Laws are made to regulate, protect, and define intellectual property. These laws specify what includes and excludes under the ambit of the protection under the law, in case of infringement, the procedure, remedy, and recognition of intellectual property. Following are the laws that deal with the different types of Intellectual Properties:

• The Patents Act, 1970: Governs patents in India and includes provisions for filing, prosecution, infringement, and revocation.
• The Trademarks Act, 1999: Deals with the registration and protection of trademarks.
• The Copyright Act, 1957: Protects literary, dramatic, musical, and artistic works along with cinematograph films and sound recordings.
• The Designs Act, 2000: Provides protection for the visual design of objects that are not purely utilitarian.
• The Geographical Indications of Goods (Registration and Protection) Act, 1999: Protects products that have a specific geographical origin and possess qualities or a reputation due to that origin.
• The Semiconductor Integrated Circuits Layout-Design Act, 2000: Protects the layout designs of integrated circuits.

Limitations of intellectual property laws

The current laws have proven to be very beneficial and necessary, but they do have some limitations that need to be addressed. One major drawback is that these laws are not universally applicable across different countries. Once a creation is made public, it becomes accessible to everyone, making it easy for others to imitate and reproduce the products. This lack of international protection leaves creators vulnerable. We have seen numerous cases where large companies take credit for and profit from the ideas of small business owners from other countries.

In the fast-paced, ever-evolving world of technology, it has become increasingly easy to exploit vulnerabilities and engage in piracy, ultimately impacting the creators of original content. In light of this, it is essential for the law to incorporate more comprehensive interpretations of pertinent terms and adapt to changing circumstances over time.

Intellectual property rights and pharmaceutical industry

It is a significant challenge to strike a balance between the pharmaceutical industry and ensuring access to reasonably priced medicines for all, while also safeguarding the intellectual property rights of inventors. The difficulty increased for India when it signed the Trade Related Aspects of Intellectual Property (TRIPS) Agreement in order to adhere to international standards for protecting the rights of inventors. This shift required India to move from providing patent protection based on the manufacturing process to protection based on the end product.

Before signing the TRIPS Agreement, Indian law protected the process of manufacturing certain generic drugs, emphasizing that the process was crucial in the pharmaceutical industry even if the resulting product was similar. However, after the agreement, Indian law now protects the end product of generic drugs, prohibiting the manufacture of any similar product.

This change presented a challenge in providing affordable medicine to a large population across the country. To address this, the concept of compulsory licensing was introduced. This allows for the production and sale of the medicine or generic drug to the general public in emergency situations at a reasonable price, without the permission of the inventor. Through this mechanism, India has managed to maintain the balance between the pharmaceutical industry and the protection of intellectual property rights.

In the case of Novartis AG v. Union of India, the Honorable Supreme Court of India dismissed the patent application. The court's decision was based on the reasoning that the minor changes made to the existing drug would essentially extend the patent protection of the original product. This could potentially limit public access to a life-saving drug at a reasonable cost. Therefore, the patent was not granted.

In the case of Bayer Corporation vs. Natco Pharma (2013) , a compulsory license was granted to Natco Pharma to produce a generic version of Nexavar (a kidney cancer drug) under Section 84(1) of the Indian Patents Act, 1970. This section allows for the granting of a compulsory license if the drug is not available to the public at a reasonable price. While Natco Pharma was required to pay 6% royalties to Bayer.

Intellectual property rights vs. Human rights
Human rights are fundamental entitlements that every individual is inherently entitled to, encompassing a broad spectrum of rights and freedoms essential for human dignity and well-being. These rights can be broadly categorized into two distinct groups, each serving a crucial purpose in the realm of human existence.

The first category comprises rights that are indispensable for survival, such as access to basic necessities like food, shelter, clothing, and healthcare facilities. These rights form the bedrock of human dignity and are non-negotiable, representing the very essence of ensuring a decent quality of life for all individuals. The provision of these basic needs is imperative for safeguarding human life and dignity, making them paramount in any discussion surrounding human rights.

On the other hand, the second category of human rights pertains to rights that foster individual development and progress. These rights encompass access to resources and opportunities that enable individuals to reach their full potential, including education, healthcare advancements, technological innovations, and more. While crucial for personal growth and societal advancement, these rights are often more flexible and subject to adjustment in certain circumstances.

In situations where conflicts arise, particularly concerning the intersection of intellectual property rights and human rights, a delicate balance must be struck. When issues of survival and emergency are at stake, human rights considerations must take precedence over intellectual property concerns. However, in general circumstances, the protection of intellectual property rights is paramount to incentivize innovation and creativity, both globally and within the framework of Indian domestic law.

Therefore, while the protection of inventors' intellectual property rights is crucial for fostering innovation and progress, it is essential to ensure that such protections do not come at the expense of basic human rights that are indispensable for the well-being and dignity of all individuals. Striking a harmonious balance between these competing interests is key to upholding a just and equitable society where both innovation and human flourishing can thrive.

According to Article 27.1 of the Universal Declaration of Human Rights (UDHR), every individual has the right to freely engage in the cultural life of their community, appreciate the arts, and benefit from scientific progress. Additionally, Article 27.2 of the UDHR affirms the right of individuals to safeguard their moral and material interests arising from their creative works in the fields of science, literature, or art. These provisions within the UDHR highlight the intricate and at times unclear relationship between Intellectual Property Rights and Human Rights, which can lead to potential conflicts and complexities.

Intellectual property rights and sustainable development
Every day, individuals worldwide are engaging in innovation and creating novel inventions and technologies. These intellectual properties hold the potential to positively transform society and contribute to achieving sustainable development goals globally. The primary aim of the international organization WIPO is to facilitate access to intellectual properties for all while safeguarding the rights of innovators. By ensuring the protection of individuals' technological advancements and ideas, avenues can be created to make these innovations accessible for sustainable development purposes.

Through the advancement of intellectual properties, we can enhance access to clean water, sanitation, affordable and renewable energy sources, cost-effective medical treatments, quality education, robust infrastructure, and technologies that aid in reducing pollution. By pursuing these initiatives, we can work towards fulfilling sustainable development objectives. Governments also play a role in safeguarding intellectual properties by supporting innovators in their research and development efforts, which can also lead to economic benefits when inventors choose to license their creations .

Examples of IP and SDGs:

Innovation Across Countries

• Costa Rica/Netherlands: Sibö B.V. developed the first water-soluble insect-based protein, Entowise, as a sustainable food option.
• Moldova: ABS Recycling pioneered waste management by opening the first recycling center in the country.
• Armenia: Revalcon's Smart Irrigation System prevents over-irrigation in agriculture.
• Switzerland: The Solar Impulse Foundation promotes clean technologies that protect the environment profitably.
   

How Piracy is Dealt With in International and Indian Law

International Efforts

• International Conferences: Events like the International Law Enforcement Intellectual Property (IP) Crime Conference bring together participants to address challenges like digital piracy, health and safety aspects of IP crime, and pandemic-related issues.
• UNCLOS: The United Nations Convention on the Law of the Sea (UNCLOS) serves as a cornerstone in combating piracy but lacks sufficient infrastructure for prosecuting violations on an international scale.
• Transnational Crime Networks: Piracy involves complex criminal enterprises producing illicit goods that endanger the public. Coordinated efforts are essential to address this global issue.
• IPR Center: The National Intellectual Property Rights Coordination Center (IPR Center) in the U.S. collaborates with agencies and industry partners to combat intellectual property theft and enforce IP rights violations.
   

Indian Legislation on Piracy

• Patents Act, 1970:
  • Dealing with Piracy: Grants exclusive rights to patent holders. Unauthorized use, making, selling, or importing patented products constitutes infringement.
  • Enforcement: Patent owners can take legal action through civil suits or criminal complaints. Remedies include damages, injunctions, and seizure of infringing goods.
• Trademarks Act, 1999:
  • Piracy Prevention: Protects distinctive signs like logos, names, and symbols. Unauthorized use of similar marks for similar goods constitutes infringement.
  • Enforcement: Trademark owners can file infringement suits, seek injunctions, and claim damages. Customs authorities can detain counterfeit goods at ports.
• Copyright Act, 1957:
  • Anti-Piracy Measures: Safeguards literary, artistic, and musical works. Unauthorized reproduction, distribution, or public performance constitutes infringement.
  • Enforcement: Copyright owners can file civil suits, seek injunctions, and claim damages. Digital rights management (DRM) tools help prevent online piracy.
• Designs Act, 2000:
  • Design Protection: Covers aesthetic aspects of functional articles. Unauthorized copying or imitation of registered designs is infringement.
  • Enforcement: Design owners can sue infringers, seek injunctions, and claim damages.
• Geographical Indications Act, 1999:
  • Geographical Indications (GIs): Protects products with a specific geographical origin (e.g., Darjeeling tea, Kanchipuram silk). Misuse or false representation constitutes infringement.
  • Enforcement: GI owners can take legal action against unauthorized use, including civil suits and injunctions.
• Semiconductor Integrated Circuits Layout-Design Act, 2000:
  • Layout-Design Protection: Safeguards the layout designs of integrated circuits. Unauthorized reproduction or commercial exploitation is infringement.
  • Enforcement: Owners can seek remedies through civil suits and injunctions.

Conclusion
The protection and enforcement of intellectual property rights have gained significance following the TRIPS agreement. While laws have been established and revised over time, the rapid evolution of technology necessitates that these laws remain current and adaptable to address contemporary challenges effectively. Intellectual property rights laws span various sectors, such as the pharmaceutical industry, where innovators' generic drugs are safeguarded, with provisions for compulsory licensing in emergencies or when life-saving medications are unavailable.

In instances of conflict between intellectual property rights and human rights, the prevailing circumstances may dictate that human rights take precedence, considering that the protection of intellectual property also falls under human rights. Intellectual property has the potential to serve as a key driver of sustainable development, with legislation crafted to safeguard the interests of intellectual property owners while aligning with Sustainable Development Goals.

Piracy, which violates the rights of intellectual property holders, is addressed through a range of provisions within both international and Indian legal frameworks.

Reference:

• India - Life Sciences, Biotechnology & Nanotechnology - Impact Of IPR On Pharmaceutical Industry (mondaq.com)
• Human rights and intellectual property: allies, enemies, or strangers - iPleaders (blog.ipleaders.in)
• Industrial Designs In India: Registration, Pros And Cons Of Industrial Designs Act, 2000 (legalserviceindia.com)
• The Interface Between Intellectual Property and Sustainable Development | Handbook of Intellectual Property Research: Lenses, Methods, and Perspectives | Oxford Academic (oup.com)
• India needs stronger enforcement of copyright and IP laws to reduce piracy and counterfeiting (barandbench.com)

Award Winning Article Is Written By: Ms.Ayesha Shahid

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