IPR: INTRODUCING STUDENT - IP NEXUS FOR LIMITLESS INNOVATION. BY - MS. ANJALI RAM & MR. ANURAG DAS
AUTHORED BY - MS. ANJALI RAM & MR. ANURAG DAS
Student,
Brainware University
ABSTRACT
Over the past couple of decades, a surge in technological
start-ups has been witnessed in the country whose backbone is the youth of the
country. Starting from being very small to having the potential of growing into
something really large. Growing with the notion of Internet driven lives and
Digital India, IPR has become a pillar that is supporting the country
commercially. There are concepts of licensing and assignments which are sources
of financial profitability, market domination and increased market value. IPR
promotes employment creation and opportunities in departments like Scientific
organizations and Research and Development institutions. It also creates market
differentiation as each form of IP deals with different subject matter. The
Authors of the present article have emphasized on the growing need and
awareness of IP in a student’s life and tried to expound the areas where a
student can excel and which are totally protected and safeguarded by the laws
of the land.
KEYWORDS - Intellectual Property, Entrepreneur, Innovation,
Creativity, Economy, Exclusive Rights, Sustainability.
INTRODUCTION
At the time when IP Law and the
importance of providing original ideas, inventing and innovating was not so
“significant” as it is in the present day, the great scientist Nikola Tesla
said “Invention is the most important product of a man’s creative brain”.
The purpose behind invention and innovation is often an underlying problem
which at that moment cannot be resolved by the existing alternatives. People
who create something original and which at the same time resolves any existing
problem are referred to as “Inventors”. These inventors need not necessarily be
someone who has deep expertise in science, technology, math, etc. but it can
also be done by students, studying at the school or university level. As per
the latest report by Government of India (2021-22) there has been a steady
increase in the number of applications received as well as Patent granted over
the years.[1] The growth in areas covering
design, trademark, copyrights has not been steady, however one can see the
numbers are on the higher side.[2] “Department of Industrial
Policy & Promotion (at present known as the Department for Promotion of
Industry and Internal Trade), Ministry of Commerce and Industry, Government of
India, has been designated as the key department to coordinate, direct, and
monitor the adoption of IPRs in India and their further development. The ‘Cell for IPR Promotion & Management (CIPAM)’,
setup under a professional body under the aegis of DIPP, is to be the single
point of reference for implementation of objectives of the National IPR Policy.”[3] Astonishingly, two of the top
five patent applicants in the said year were two universities, indicating that
students are running at par with big MNCs when it comes to research and
innovations.[4] Due to this tendency, many
universities are setting up IPR cells in order to protect the interest of their
students and also provide a monopoly privilege to the institute as well as the
student inventor(s). To safeguard student ingenuity in an era where innovation,
international research, and collaboration are increasingly valued, institutions
are developing their own policies in the absence of specific IPR Laws for
universities, by taking inference from the goals of the National IPR Policy
adopted by the Government of India in the year 2016.[5] However, when it comes to people
who are even younger i.e., School students do not tend to receive these
benefits, although they also have the ability to strive for inventions and
innovations. Therefore, It becomes important to explain the rudimentary
concepts pertaining to IP Law and how they can consume the fruits of it. This
would in turn ensure that fire inside them to invent something new also gets
“protected”, which is very crucial for a developing country like India.
FACETS
OF IP LAW: A SIMPLIFIED EXPLORATION
In the present-day scenario,
taking possession of land, labour and capital are not just the major concerns
for a country to get ahead and succeed. Invention, Creativity and Innovations
are the new unique drivers leading to rapid growth in the world economy. In a
wide sense, intellectual property refers to the legal rights that result from
intellectual activity in the industrial, scientific, literary and artistic
fields. Intellectual Property rights are the collection of exclusive rights
that an individual holds over the creation of mind, which is both artistic and
commercial. One may build their own intellectual property at any age. In
actuality, when one produces their own Intellectual Property each time while
writing a poem, complete an assignment, or create an original picture or
sketch.
Copyright law and industrial
property are the two main divisions of intellectual property in general.[6] The former protects creative
works such as books, novels, poems, sculptures, movies, music, paintings,
photographs, software or any computer programs and any architectural design,
giving the copyright holder the exclusive right to control reproduction and
adaptation of such creative work for the prescribed period of time as per The
Copyright Act, 1957.[7]
While the latter are typically
created and used for industrial or commercial purposes, which includes Patent
governing under The Patent Act, 1970, Trademarks governing under
The Trademark Act, 1999, Geographical Indication governing under The
Geographical Indicators of Goods(Registration and Protection) Act, 1999,
Industrial Design governing under The Design Act, 2000, trade secret,
Protection of Plant Varieties and Farmers’ Rights Act, 2001, Semiconductor
Integrated Circuits Layout-Design Act, 2000 and Biological Diversity Act, 2002.[8] Therefore, IPR plays an important
role in an increasingly broad range of areas, ranging from basic health care
sector to nearly all aspects of science and technology, literature and the
arts.
The Convention Establishing the
World Intellectual Property Organization (WIPO), concluded in Stockholm on July
14, 1967 (Article 2(viii)) provides that “intellectual property shall
include rights relating to:[9]
-
literary, artistic and scientific
works,
-
performances of performing
artists, phonograms and broadcasts,
-
inventions in all fields of human endeavour,
-
scientific discoveries,
-
industrial designs,
-
trademarks, service marks and
commercial names and designations,
-
protection against unfair
competition, and all other rights resulting from intellectual activity in the
industrial, scientific, literary or artistic fields.”
NATIONAL
IPR POLICY
The Department of Industrial
Policy and Promotion (at present known as the Department for Promotion of
Industry and Internal Trade) under the Ministry of Commerce published the National
IPR Policy on May 12, 2016.[10] An all-encompassing IPR Policy
which expounds the government's comprehensive vision for a robust IPR ecosystem
which accelerates towards shaping a more innovative and creative Bharat.
Similarly, the mission statement provides for stimulating a dynamic, vibrant
and balanced intellectual property rights system in India, which covers
fostering innovation and creativity and simultaneously enhancing the access to
health, food security, environmental protection and so on so far. The rationale
is to spread awareness to the creative minds of dynamic India about the
importance of IPRs which can be utilized as an economic tool as well as a
marketable financial asset. The Policy has seven broad objectives as follows -
- IPR Awareness: Outreach and
Promotion
- Generation of IPRs
- Legal and Legislative
Framework
- Administration and
Management
- Commercialization of IPR
- Enforcement and
Adjudication
- Human Capital
Development
SCOPE OF
IPR IN DEVELOPMENT OF STUDENTS
Intellectual property rights (IPR)
can offer students a number of advantages. The following are some ways that IPR
can benefit students:
- Original
Work is Protected: Students can benefit from IPR protection when students produce
original works, upon subject matter such as any research papers,
inventions, artistic works, or development of any software. They have the
right to safeguard their work against unauthorized use, duplication,
imitation or exploitation by others through intellectual property laws
including copyright, patents, and trademarks.
- Ownership
and Recognition: IPR protection ensures that the owner or producer are given due
credit for their original or innovative ideas. Indian youth actively
contribute to scientific research, academic publications, and innovation.
It gives students the opportunity to to claim ownership of their work,
which is beneficial for both academic and professional growth which
include seeking potential future employment and also providing potential
employment opportunities to others in order to curb unemployment.
- Incentive
for Innovation and Creativity: Students inspired on matters
covered under IPR are likely to devote time, energy, and resources to
research, invention, and artistic endeavors when they are aware of the
very fact that their work can be safeguarded and rewarded through IPR. It
provides incentive for students who then get motivated and engage in
innovative and creative activities.
- Economic
Possibilities: IPR is a way of commercial gain. Students with economic
possibilities and stable income. For instance, securing a patent grants
exclusive right to a student to commercially exploit an innovation if they
discover a novel technique or new method to curb and existing problems of
society. This can lead to licensing and assignment of patents,
collaborations with various players of markets, or even the establishment
of startup ventures, thereby creating potential income streams.
- Collaborative
Ventures: IPR facilitates students and other potential stakeholders who see
the potential in youngsters and their enthusiasm in such Industry to
collaborate and work together by forming partnerships. It enables students
to collaborate and engage themselves on projects, exchange knowledge, and
safeguard individual contributions through an agreement. This encourages
innovation to grow deeper, fostering sharing of knowledge, and group
development of all.
- Innovation
and Entrepreneurship: India has witnessed a surge in startups especially in the
technology industry. The concept of the innovation "valley
of death" refers to the period from the time the invention has
been prototyped to the official launch of the new product in the market.
Taking a product to market is typically the key challenge for inventors,
entrepreneurs, and businesses. The majority of inventions collapse during
this time caused by a lack of support from outside sources or because they
are not economically feasible.[11] IP ownership enhances a
company's negotiating position when looking for investment partners and
increases its worth to investors. The ability to access early-stage
funding is through potential investors, who may act as a lifeline to help
an invention reach the market, and funding is needed to grow at this stage
and can be made possible only by IP, particularly patents.
- Creative
Industries: India has a thriving creative market and a rich cultural history.
Copyright protection can help youth who work in creative industries like
music, cinema, literature, art, and fashion to protect their original
works. Copyrights provide creators an economic incentive and protect their
artistic expression by allowing them to regulate the reproduction,
distribution, and public performance of their works.
- Traditional
Knowledge and Folklore: India has a rich heritage of traditional
knowledge and folklore. Geographical Indications operate as a strategy for
preserving Traditional Knowledge and inspire the communities that already
practice it to further preserve it and promote it to their future
generation.[12] It aids in eliminating the
generational gap between the society's older and younger generations.
Protection mechanisms, such as geographical indications, can help preserve
and promote traditional cultural expressions, handicrafts, textiles, and
local products. This can provide economic opportunities for youth engaged
in traditional arts and crafts.
STORIES
OF SUSTAINABILITY WITH INTELLECTUAL PROPERTY ACROSS THE WORLD.
There are various examples and
stories across the world where people have thought out of the box and tried to
contribute to sustainable development which are set as benchmarks for other
people, to take inspiration from.
1.
Low-Cost Electronic Speed-breaker: Krishna Kant, an engineering student, is considered the youngest in
the country to receive a patent certificate for his invention i.e., 'Low-Cost
Electronic Speed-breaker’ that was invented by him when he was just 14 years
old in the year 2005. As the process of granting patent involves several steps,
he successfully received his patent in the year 2010 from Office of the Patent,
confirming the patent with retrospective effect from the date of the submission
of application on April 11, 2005. The product comprises three fundamental
units: a solenoid valve, an electrical control, and a sensor unit. The sensor
device is mounted on the gearbox to track the vehicle's speed. To regulate fuel
supply, the valve unit which consists of a typically closed solenoid valve is
installed on the fuel line between the fuel injection pump and fuel filter.[13] In addition, there are two buzzer-based warning units: the first alerts
the driver to excessive speeding, while the second sounds when there is a
problem with the speed control mechanism. Lastly the electronic control is used
to control the flow of the fuel in the injector. The Product works by giving
warning sounds when drivers try to over speed their vehicles or if someone
tries to do rash driving above the preset limit. The first warning sound comes
from the buzzer unit when the preset limit is crossed. However, if the speed is
not decreased to the preset limit, then the microprocessor sends signals to the
valve unit which automatically blocks the fuel flow ultimately bringing down
the speed of the vehicle.
2.
Vigormin a
powder for Treating Wastewater: “With
funding from the Department of Science and Technology through the Philippine
Council for Industry, Energy, and Emerging Technology Research and Development
(PCIEERD), Dr. Palencia developed Vigormin, a white powder comprising several
organo-minerals, which are abundant in the Philippines.”[14]
The powder is organic and eco-friendly alkaline
powder which has a blend of all natural components and minerals which are
available in huge quantities in the Philippines. They all are non-toxic,
odorless and soluble in water. In
2004, the Government of the Philippines enacted the Philippine Clean Water
Act of 2004, to restore the water bodies as they were severely polluted and
damaged and they needed protection. The very purpose was to the
rehabilitation of water resources.
To use
Vigormin, all that is required is to dispense the powder into, say, the used
water in house cleaning or contaminated water. One can possibly see the outcome
within the first 30 minutes after adding the powder. The water will clear
noticeably in three to four hours. The treated water that would otherwise be
wasted can be used safely for drip irrigation of crops after frequent
application of Vigormin for at least 60 days.
3.
ABS
Recycling for Waste Management: The company came into
picture in the year 2006, and their journey began when it opened the first
plastic recycling plant in Moldova.[15] They
administer the country's first integrated waste management system.
Acrylonitrile butadiene styrene, or "ABS," is a popular engineering
thermoplastic that is typically chosen for its inexpensive cost and high impact
resistance (though to a somewhat lesser extent than polycarbonate). Because it
is an amorphous thermoplastic, it can be melted and extruded several times at
relatively low melting points, even after it has solidified. ABS is also highly
inert, which leads to its almost ubiquitous use in goods ranging from
automobile dashboards and steering wheel coverings to children's toys (such as
Lego bricks®), keyboard keycaps, plastic guards on power outlets, and many more
applications. This whole process of ABS is registered under Trade secrets.
Hence, totally protected and enjoys IP advantages.
4.
Waste Pulp
Transformed into New Feedstock for use in Chemical Industry:
“Researchers
from Stellenbosch University, Western Cape, South Africa have developed a
method of depolymerizing phenolic polymers to convert waste pulp into a new
feedstock for the chemical industry. The researchers are Helen Pfukwa, Ndumiso
Sibanda and Harald Pasch.”[16]
“Lignin (Latin lignum
‘wood’) is a polyphenolic polymer deposited directly in the cell wall of
specialized cells. Lignin deposition depends on the cell type, the
developmental stage and the species.”[17] Lignin can be transformed
to useful compounds with aromatic functions that are valuable building blocks
in the chemical and polymer industries using appropriate and selective
processes such as oxidative depolymerization. The industries associated with chemical
and polymer manufacturing totally rely on extraction of all raw materials
mostly from non-renewable resources such as fossil fuels such as petroleum and
coal. The usage of these raw materials is not sustainable because they are
being exhausted, and their extraction and conversion to desirable
functionalized compounds has major repercussions for the environment. This
technology has been protected and under the Patent in South Africa.
CASE STUDY
Before the
release of his well-known Indian movie, "Simmba," director Rohit
Shetty and his crew had a slight contretemps with Sona Beverages Pvt. Ltd. Chhattisgarh-based Company named Sona Beverages Co.
Ltd owned the trademark ‘SIMBA’ and used that for a variety of their
products, including mineral water, aerated water, and other alcoholic and
non-alcoholic drinks. Sona Beverages claimed that the aforementioned trademark
has been in use since 2015, and therefore, they objected
to the film's title “Simmba” using their trademark "Simba." Prior to
the film's release, the producers were capable of reaching a timely agreement
with Prabhtej Singh Bhatia. And on 10th December
2018, both the parties entered into a Trademark License Agreement
for the production. As per the conditions
stipulated in the agreement, “a disclaimer had to be shown in the title
slides/credits of the film that the trademark ‘SIMBA’ actually belongs to ‘Sona
Beverages Co. Ltd’ and the production house is using it under a trademark
licensing agreement between both the parties.”[18] The Delhi
High Court took notice of the same and ordered that the addition of the
disclaimer shall be done on an urgent basis since the film is likely to be
released on 28th December, 2018.
CONCLUSION
India is a place of diversity,
rich in culture, traditional knowledge and golden heritage, having a booming
economy. India is now emerging as one of the fastest growing economies in the
world. The growth inter alia is the result of the ability to think beyond
boundaries and out of the box as demanded, based on needs of the society with
an urge to do something new with every new day. With the presence of a robust
IPR framework complying with the TRIPS Agreement and other international
conventions India also encourages and fosters an environment which is knowledge
driven economy. Moreover, it also attracts investors and foreign
collaborations. As financing is a major impediment for entrepreneurs there
arises the need to connect the investors with the creative minds. The IPR
ecosystem built is going to provide the investors’ confidence that their assets
will be adequately protected resulting in strengthening the work relation. The
MNCs are now actively taking part in partnership and doing ventures in order to
grow and boost themselves further by working with skilled talented and
entrepreneurial spirits of the nation. While being a member country of various
conventions India has set up an IPR Ecosystem, Department of Industrial Policy
& Promotion (presently known as the Department for Promotion of Industry
and Internal Trade), Ministry of Commerce, Government of India, the nodal department looks after IP which
has largely contributed in development of IP offices and infrastructure,
providing exclusive rights and safeguarding the inventors or creators
through legal remedies, proving a fast processing mechanism, avoiding delays in
getting the invention registered and supporting the innovation driven
entrepreneurship. It is quite clear that
Intellectual property is of crucial importance, when it comes to moving
humanity forward, making lives easier and enhancing creative instinct among
individuals. The laws protecting such creations make sure that a person's
developing novel things or techniques are served with their interest in the
rightful manner which they deserve. However, IPR is quite intricate in its
functioning with multi-level nuances inhibiting its reach to the masses. If the
knowledge of IPR is imparted widely, mostly at schools and colleges, and at the
same time the legal framework surrounding it is simplified for a layman to
understand, then it will undoubtedly invite a boost in novel inventions being
protected by IPR.
[1] Department of
Industrial Policy and Promotion, ‘Annual Report 2021-2022’ Ministry of Commerce
and Industry <https://ipindia.gov.in/writereaddata/Portal/Images/pdf/Final_Annual_Report_Eng_for_Net.pdf>
accessed 29 October 2009
[2] Ibid.
[3] Cell for IPR Promotion
& Management, ‘National IPR Policy’ DIPP, 2016 <http://cipam.gov.in/index.php/about/national-ipr-policy/>.
accessed 10 July 2023
[4] Department of Industrial Policy and Promotion, ‘Annual Report 2019-2020’
Ministry of Commerce and Industry <https://ipindia.gov.in/writereaddata/Portal/Images/pdf/IP_India_English_29.08.21_Final_.pdf> accessed 29 October 2009
[5] Vanessa Viegas, “Colleges are working to protect patent, copyright on
student innovations”, Hindustan Times, (New Delhi 11 Dec 2019)
[6] WTO, What are intellectual property rights?, TRIPS <https://www.wto.org/english/tratop_e/trips_e/intel1_e.htm> accessed Jul 31 2022
[7] Dipak Rao, Sonil Singhania and Sana Singh,‘Indian Copyright Laws’,
(2020) Lexology, <https://www.lexology.com/library/detail.aspx?g=e963324a-4b62-49ab-bd90-aeddb1aee2b0>accessed Jul 31 2022
[8] Understanding Industrial Property (2nd edn, World Intellectual Property Organization (WIPO)
2016) <https://www.wipo.int/edocs/pubdocs/en/wipo_pub_895_2016.pdf> accessed Jul 31, 2022
[9] Summary of the Convention Establishing the World Intellectual Property
Organization (WIPO Convention) (1967), WIPO, <https://www.wipo.int/treaties/en/convention/summary_wipo_convention.html> accessed Jul 31, 2023
[10] Department
of industrial Policy and Promotion, National IPR Policy, Ministry of Commerce
and Industry (12 May 2016) <https://www.meity.gov.in/writereaddata/files/National_IPR_Policy.pdf> accessed on 23 October 2023
[11] WIPO
Magazine, ‘IP & Business: Intellectual
Property, Innovation and New Product Development’ (2005) <https://www.wipo.int/wipo_magazine/en/2005/04/article_0002.html> accessed July 7
2023
[12] Dr Carolina
Vásquez-Arango, ‘Protection of Traditional Knowledge and Biodiversity Through a
Higher Protection of Geographical Indication : A Review of Colombia’s Position
at the WTO’ (2014), Volume 5, WIPO-WTO Colloquium Papers <https://www.wto.org/english/tratop_e/trips_e/colloquium_papers_e/2014/chapter_5_2014_e.pdf> accessed 13 August 2023
[13] Indian
Patent, ‘Low Cost Speed Breakers’ Patent
Number- 241834,(30 July 2010) <https://www.allindianpatents.com/patents/241834-low-cost-electronic-speed-breaker> accessed 28 October 2023
[14] Lidia Kleshchenko, ‘Women in Green: Inclusivity in Treating
Wastewater’, WIPO Green, (24 March 2021) <https://www3.wipo.int/wipogreen/en/news/2021/news_0002.html#:~:text=Prof.,the%20treatment%20accessible%20to%20everyone> accessed 16 September 2023
[15] WIPO,
‘ABS Recycling, the Pioneer of Waste Management in Moldova’ Case Study, 21 Nov
2021. <https://www.wipo.int/ipadvantage/en/details.jsp?id=12313> accessed 7 July
2023
[16] WIPO,
‘Transforming Waste Pulp into a New Feedstock for the Chemical Industry’, WIPO
Magazine, <https://www.wipo.int/wipo_magazine/en/ip-at-work/2021/transforming_pulp.html> accessed 7 July 2023
[17] Barros J and others, ‘The Cell Biology of Lignification in
Higher Plants’ (2015) 115 Annals of Botany 1053 <https://doi.org/10.1093/aob/mcv046>
[18] M/s Sona Beverages Pvt. Ltd. vs Rohit Shetty Picturez LLP, [CS(COMM) 1224/2018]