IPR DAY

HISTORY OF WORLD IPR DAY

World Intellectual Property Day is celebrated annually on April 26th to raise awareness about the importance of intellectual property rights (IPR) in encouraging innovation and creativity. The event was established by the World Intellectual Property Organization (WIPO) in 2000 and has been celebrated every year since then.

The date April 26th was chosen to commemorate the day on which the Convention establishing WIPO came into force in 1970. WIPO is a specialized agency of the United Nations that is responsible for promoting and protecting intellectual property worldwide.

Each year, WIPO selects a different theme to focus on for World IP Day. These themes have included topics such as innovation and creativity, the role of intellectual property in the digital age, and the importance of intellectual property for small and medium-sized enterprises.

World IP Day is celebrated around the world with events and activities that promote the importance of intellectual property rights. These events include seminars, conferences, exhibitions, and workshops, as well as competitions, awards ceremonies, and other activities that highlight the achievements of inventors, artists, and other creators.

Overall, World IP Day serves as an important reminder of the vital role that intellectual property plays in promoting innovation, creativity, and economic growth, as well as the need to protect these valuable assets

BENEFITS OF WORLD IPR DAY

World Intellectual Property Day has several benefits, including:

● Raising awareness: World IP Day helps to raise public awareness about the importance of intellectual property rights and their role in promoting innovation, creativity, and economic growth.

● Promoting innovation: Intellectual property rights provide incentives for individuals and companies to innovate, by allowing them to protect their ideas and creations from infringement.

● Encouraging creativity: World IP Day celebrates the creativity of artists, writers, musicians, inventors, and other creators, and highlights the importance of protecting their intellectual property.

● Supporting economic growth: Intellectual property rights can help to drive economic growth by creating jobs, generating revenue, and encouraging investment in research and development.

● Fostering collaboration: World IP Day provides an opportunity for different stakeholders, including governments, businesses, and individuals, to come together to discuss intellectual property issues and to collaborate on solutions.

Overall, World IP Day is an important event that helps to promote and protect intellectual property rights, which are crucial for promoting innovation, creativity, and economic growth.

RECENT ADVANCEMENTS IN IPR in INDIA

It was not only important for India to protect intellectual property rights in the Indian market, but also in the International market to achieve exclusivity over the distribution and production of the same. The Indian government took leaping steps by showing its commitment to the WTO under the (TRIPS) Trade-Related Intellectual Property Rights Agreement. This made sure that the position on Intellectual Property Laws in India is accepted on an international level.

1. Trademark

A trademark is a sign used to distinguish the goods and services of an entity from other entities. Its essential function is to present the origin of the goods to which it is attached or to which it is used. A trademark portrays the quality and nature of a product. The government of India replaced the Trade and Merchandise Marks Act, of 1958 with the Trade Marks Act, of 1999.

This was done to bring the Indian trademarks law in persistent with international practice.

These were the changes made:

For the first time, service marks were introduced for protection, through registration.

Shapes, Graphic Representations, and color combinations were included in the trademark definition.

The trademark registry issued an order allowing alterations in the applications for trademark registration which included substantial alterations, which would not be allowed. Other alterations include clerical alteration which would be accepted by the registrar.

The registration period was also increased from 7 to 10 years.

The new law allowed, both registered and unregistered trademarks to be assigned with or without the goodwill of the business.

2. A geographical indication is a sign used for associating certain products with a geographic location or origin. The quality of the product identifies its origin.

India enacted the geographical Identification of goods (Registration and Protection) Act, 1999 which provides for registration and better protection of G.I. for products that would ease up the identification of goods that associate with quality, place of production, quantity, or any other characteristics of such goods.

Examples of such goods are Darjeeling tea, Alphonso Mangoes, Basmati rice, Hyderabadi Grapes, etc. These goods are recognized for their high quality and place of production in the international market. This makes them stand different from other products in the market and makes the such requirement of protection indispensable.

3. Copyright

Copyright Law protects the original works of an individual author, composer, artist, work of major cultural industries, film, recording, and broadcast industry, as well as computers and software industries.

In India, the copyright is governed by the Copyright Act, 1957, and Copyright Rules, 2013. Various amendments have been made to date. In 2012, amendments were made to the copyright law which made the Indian copyright law in accordance with the WIPO copyright treaty (WTC) and WIPO Performance and phonograms treaty. It provided unique provisions for fair use, provisions for the disabled, amended author-friendly changes, etc., which made sure that fair usage survives in the digital age.

The Indian Government notified the Copyright (Amendment) Rules, in 2021, amending the copyright rules 2013. This was done to encourage transparency and accountability. These new provisions were introduced to deal with the undistributed royalty amounts and the use of electronic and traceable payment methods while collecting and distributing royalties.

4. Patent

Patent Law protects the exclusive right of a patentee (patent holder) which enables him/her to obtain commercial benefits from his/her inventions. This right stops a person from manufacturing, using, or marketing the invention without the permission of the patent holder.

Important amendments have also been made to patent laws, under The Patent (Amendment) Rules, 2020 (Revised Rules 2020) which came into force on 20th October 2020. Before the 2020 Revised Rules, the patentees and licensees were supposed to submit statements of commercial working for each annum. The Revised Rules 2020 eased the filing of a statement of commercial working of a patented invention for every financial year as the income statements in India are generally generated for a financial year from 1st April to 31st March.

THEME OF WORLD IPR DAY 2023

World Intellectual Property Day 2023 will be celebrated around the theme 'Women and IP: Accelerating Innovation and Creativity.' According to the official website, "For generations, women have shaped our world with their ingenuity and creativity. Women everywhere are driving scientific breakthroughs, Setting new creative trends, building businesses and transforming our world. So we need to encourage more women to use the IP system to protect and add value to their work. That way, we can develop more and better technologies that work for everyone, establish more thriving woman-led businesses Support economic recovery and build back better."