UNIT 4: INTELLECTUAL PROPERTY RIGHTS (IPRS)

4.1 Meaning, Origins, and Nature of

IPRs
4.2 Types of Intellectual Property
Rights
4.3 Infringement and Offenses of IPRs
4.4 Remedies and Penalties
4.5 Basics of Plagiarism Policy of UGC
4.1 MEANING, ORIGINS, AND NATURE OF IPRS

Intellectual Property Rights (IPRs) are legal protections granted to individuals

or organizations for their intellectual creations. These rights help safeguard the
efforts of inventors, artists, and businesses by allowing them to control and
monetize their innovations. The importance of IPRs has grown significantly in
the modern era, as creativity and knowledge play a crucial role in economic
development and global competitiveness.
In India, IPRs have gained prominence, especially after signing the Trade-
Related Aspects of Intellectual Property Rights (TRIPS) Agreement
in 1995. The country has since strengthened its legal framework to support
innovation in fields such as pharmaceuticals, technology, and traditional
knowledge. Today, IPR laws protect a wide range of assets, including patents,
trademarks, copyrights, geographical indications, and industrial designs.

> Meaning of Intellectual Property Rights

Intellectual Property (IP) refers to creations of the mind that have
commercial and cultural value. These creations can include inventions,
literary and artistic works, brand names, symbols, designs, and

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proprietary knowledge. Intellectual Property Rights (IPRs) provide legal
recognition and exclusive ownership to the creators, ensuring that they benefit
from their work and investment.
IPRs serve multiple purposes. First, they encourage innovation by offering
financial incentives to creators. Without such protections, individuals or
businesses may hesitate to invest time and resources in research and
development. Second, IPRs promote fair competition by preventing
unauthorized use, duplication, or piracy of original works. Lastly, these rights
help in maintaining the credibility of brands, ensuring that consumers receive
genuine and high-quality products.
In India, intellectual property rights are governed by various laws, such as:

. The Patents Act, 1970 (amended in 2005) - Grants exclusive rights to

inventors for their technological innovations.
. The Copyright Act, 1957 - Protects literary, artistic, and musical works,
including films and software.
. The Trademarks Act, 1999 - Ensures exclusive rights over brand names,
logos, and slogans.
. The Designs Act, 2000 - Safeguards industrial and aesthetic designs of
products.
• The Geographical Indications of Goods Act, 1999 - Recognizes
products originating from specific regions, such as Darjeeling Tea and
Banarasi Sarees.

> Origins of Intellectual Property Rights

The concept of protecting intellectual efforts has existed for centuries,

though modern legal frameworks developed much later.

* Ancient and Medieval India

India has a long history of intellectual creativity, particularly in fields like

medicine, literature, and architecture. Ancient texts such as the
Arthashastra (4th Century BCE) discussed trade secrets and
counterfeiting, indicating an early awareness of protecting knowledge.
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Furthermore, traditional crafts and artworks, such as Madhubani paintings
and Channapatna toys, followed unique styles that were informally
preserved within communities.

❖ Colonial Influence and Early Laws

During British rule, India adopted Western legal principles, leading to the
establishment of formal intellectual property laws. The Indian Patents
Act of 1856, modeled after British law, was one of the first legal provisions
to grant inventors exclusive rights. Similarly, the Copyright Act of 1914
provided protection for literary and artistic works, ensuring that authors and
creators could benefit from their work.

❖ Post-Independence Developments

After gaining independence in 1947, India introduced new laws to

encourage domestic innovation while balancing public welfare. The
Patents Act, 1970 was designed to promote industrial growth by granting
patents while preventing monopolies in essential sectors like
pharmaceuticals. In recent years, India has modernized its IPR framework
to align with global standards, becoming a key player in international
intellectual property agreements.

> Nature of Intellectual Property Rights

IPRs have distinct characteristics that make them different from other forms
of property.
1. Intangible in Nature
Intellectual property does not have a physical presence like land or
machinery. Instead, it exists in the form of ideas, expressions, or
innovations that hold economic and cultural value.
2. Exclusive Ownership Rights
Creators or patent holders receive exclusive rights over their intellectual
property, preventing unauthorized use by others. These

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 rights ensure that the original inventors can control and benefit from
their work.
3. Territorial Applicability
Intellectual property rights are usually enforced within national
boundaries. However, international treaties allow for global recognition
and protection, such as the Madrid System for Trademarks and the
Patent Cooperation Treaty (PCT).
4. Limited Duration of Protection
Most IPRs are granted for a specific period. For instance, patents in
India are valid for 20 years, after which the invention enters the public
domain. Similarly, copyrights typically last for 60 years after the author’s
death, allowing the work to be freely used by society thereafter.
5. Transferable and Licensable
Intellectual property can be sold, transferred, or licensed to other
entities for commercial use. This enables businesses to expand their
market reach and monetize their innovations through licensing
agreements.

IPR LANDSCAPE IN INDIA

India has emerged as a significant player in global intellectual property
development. Several initiatives have strengthened its IPR framework:
y National Intellectual Property Rights Policy (2016): This policy aims to raise
awareness about IPRs, streamline patent filing procedures, and strengthen
enforcement mechanisms.
y Start-Up India and Make in India: These government programs support
innovation by providing patent facilitation services and financial incentives to
start-ups and entrepreneurs.
y Geographical Indications (GI) Protection: India has recognized and protected
over 400 GI tags, preserving cultural and traditional products such as
Kanjeevaram Sarees, Alphonso Mangoes, and Kolhapuri Chappals.

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V Growth in Patent Filings: With an increase in research and development,
patent filings in India have risen significantly, particularly in pharmaceuticals,
information technology, and biotechnology.

> Challenges in India’s IPR Regime

Despite improvements, India faces several challenges in strengthening its
intellectual property framework:
1. Patent Delays and Bureaucratic Inefficiencies
The process of granting patents in India is often slow due to administrative
backlogs. This delay can discourage inventors and businesses from
seeking protection.
2. Lack of Awareness Among MSMEs and Artisans
Many small and medium-sized enterprises (MSMEs) and rural artisans are
unaware of intellectual property protection, leading to the loss of valuable
innovations and traditional knowledge.
3. Counterfeiting and Piracy
India continues to struggle with the issue of counterfeit products, software
piracy, and copyright infringement, which affect industries such as
entertainment and fashion.
4. Balancing Innovation and Public Welfare
In sectors like pharmaceuticals, patent protection can lead to high drug
prices. India has used compulsory licensing provisions to ensure affordable
access to essential medicines, but this has sometimes led to disputes with
multinational corporations.

Intellectual Property Rights play a vital role in encouraging innovation, protecting creative
works, and boosting economic growth. India’s IPR laws have evolved significantly, from
ancient traditions of knowledge preservation to modern legal frameworks aligned with global
standards. While India has made remarkable progress in strengthening its IPR ecosystem,
challenges like enforcement gaps, awareness, and patent delays remain. Going forward,
India must focus on improving its patent processing system, enhancing public awareness,
and ensuring a balance between private innovation and public interest. As the country
aspires to become a global leader in research, technology, and cultural exports, a strong
intellectual property regime will be instrumental in shaping its future.

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4.2 TYPES OF INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Rights (IPRs) can be classified into several categories
based on the type of intellectual work they protect. Each type of IPR serves a
distinct function in safeguarding innovations, artistic creations, and business
assets. In India, these rights are governed by specific laws and international
agreements that ensure fair protection and enforcement.

1. Copyright Definition and Purpose

Copyright is a legal right that grants creators exclusive control over their
literary, artistic, and musical works. It ensures that authors, musicians,
filmmakers, and software developers receive recognition and financial benefits
from their creations.
Scope of Protection

Copyright protection applies to:

y Literary works - Books, poems, articles, scripts, etc. y Artistic works -
Paintings, photographs, sculptures, and digital art. y Musical compositions
- Lyrics, melodies, and sound recordings. y Cinematographic works -
Films, documentaries, and web series. y Computer software - Source
codes and digital programs.
Duration and Legal Framework

In India, copyright is governed by the Copyright Act, 1957. The protection

generally lasts for 60 years after the author's death. For cinematographic
works, sound recordings, and anonymous works, copyright protection lasts 60
years from the date of publication.
Indian Context

India has faced challenges related to copyright piracy, particularly in the film
and music industries. The rise of digital streaming platforms like Netflix,
Hotstar, and JioSaavn has improved copyright enforcement, but online
piracy remains a concern. The Copyright (Amendment) Act,

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2012, strengthened the rights of authors and artists by ensuring fair
compensation.

2. Patents
Definition and Purpose

A patent grants an inventor exclusive rights over an invention, preventing

others from making, using, or selling it without permission. It encourages
research and development by rewarding innovators with temporary monopolies
over their creations.
Scope of Protection
Patents typically cover:
y Scientific discoveries and innovations - Pharmaceuticals,
biotechnology, electronics, etc.
y Industrial processes - New methods of manufacturing or production. y
Technological advancements - Al-based systems, energy-efficient
designs, and robotics.
Duration and Legal Framework

The Indian Patents Act, 1970 (amended in 2005) governs patents in India.
The standard duration of a patent is 20 years from the date of filing.
Indian Context

India has been a hub for pharmaceutical patents, with companies like Dr.
Reddy’s Laboratories and Sun Pharma leading global drug production.
However, India also uses compulsory licensing in cases of essential
medicines to ensure affordable healthcare. A notable example is Natco
Pharma’s compulsory license for Bayer’s cancer drug Nexavar ,
which reduced its cost significantly.

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3. Trademarks Definition and Purpose
A trademark is a unique sign, logo, name, or slogan used by businesses to
distinguish their products or services. It helps build brand identity and prevents
unauthorized use by competitors.
Scope of Protection

Trademarks can include:

y Brand names - Coca-Cola, Tata, Infosys, Amul. y Logos and symbols -
Nike’s swoosh, Apple’s bitten apple logo. y Slogans and taglines -
McDonald's “I’m Lovin’ It” or Tata’s “Leadership with Trust.”

y Product packaging designs - The shape of a Coca-Cola bottle.

Duration and Legal Framework
Trademark protection in India is governed by the Trademarks Act, 1999.
The initial registration lasts for 10 years but can be renewed indefinitely.
Indian Context

Several Indian brands have built strong trademark identities. For instance,
Tata, Bajaj, Reliance, and Wipro have successfully registered and
protected their trademarks globally. The fight against counterfeit goods,
particularly in industries like fashion, food, and pharmaceuticals, remains
a significant challenge.

4. Trade Secrets Definition and Purpose

Trade secrets refer to confidential business practices, formulas, or processes
that provide companies with a competitive advantage. Unlike patents, trade
secrets are not registered but are protected through confidentiality agreements.
Scope of Protection
Common trade secrets include:
y Manufacturing processes - Coca-Cola’s secret formula.

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V Business strategies - Marketing strategies and client databases.
V Software algorithms - Google’s search ranking algorithm.
Duration and Legal Framework

There is no specific law on trade secrets in India. However, businesses

rely on contractual agreements and the Indian Contract Act, 1872 , to
maintain secrecy. Employees and business partners sign NonDisclosure
Agreements (NDAs) to prevent unauthorized disclosure.
Indian Context

Indian companies, especially IT firms like TCS, Infosys, and Wipro, rely
heavily on trade secrets for software development and business intelligence.
However, India lacks strong legal protection for trade secrets, leading to
concerns about data leaks and corporate espionage.

5. Design Rights Definition and Purpose

Design rights protect the unique appearance, shape, and visual aspects
of products, preventing others from copying them. These rights are particularly
important in industries like fashion, consumer goods, and automobiles.
Scope of Protection

Design rights apply to:

V Industrial designs - Car models, furniture, electronic gadgets.
V Fashion and textile patterns - Sarees, footwear, jewelry designs.
V Packaging designs - Unique bottle shapes, food containers.
Duration and Legal Framework

The Designs Act, 2000 governs design rights in India. The protection lasts
for 10 years, extendable by 5 more years upon renewal.
Indian Context

India has seen a surge in design innovation across sectors. Handloom

textiles from Banaras and Kanjeevaram sarees have been protected

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under design laws and Geographical Indications (GI) tags . Automakers
like Tata Motors and Mahindra have successfully registered unique vehicle
designs under the Act.

Intellectual Property Rights (IPRs) are essential for fostering innovation,

creativity, and economic growth. India has made significant progress in
strengthening its IPR framework, aligning it with international standards while
addressing domestic needs. However, challenges like IPR enforcement,
counterfeiting, piracy, and awareness among small businesses
persist.
To further strengthen India's intellectual property ecosystem, the government
must focus on:
y Increasing awareness - Educating businesses and creators about IPR
protection.
y Strengthening enforcement - Combating piracy, counterfeiting, and
patent delays.
y Encouraging innovation - Providing incentives for R&D and patent filing.
A well-established IPR system will not only protect Indian innovators but also
position the country as a global leader in technology, pharmaceuticals,
fashion, and traditional knowledge.

4.3 INFRINGEMENT AND OFFENSES OF

INTELLECTUAL PROPERTY RIGHTS (IPRS)

Intellectual Property Rights (IPRs) are essential for safeguarding the

innovations, artistic works, brands, and trade secrets of individuals and
businesses. However, these rights are often violated through infringement,
counterfeiting, and piracy, leading to economic and reputational losses.
IPR offenses have serious legal implications, as

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they undermine creativity, discourage research and development, and cause
financial harm to rightful owners.
In India, the government has implemented strict IPR laws to prevent such
violations and protect the interests of innovators. Laws such as the Copyright
Act, 1957, Patents Act, 1970, Trademarks Act, 1999, and Designs
Act, 2000 regulate intellectual property protection. Despite these legal
safeguards, IPR violations remain prevalent, especially in industries like
pharmaceuticals, film, music, fashion, and information technology.

4.3.1 Types of IPR Infringements

1. Copyright Infringement
Copyright infringement occurs when an individual or uses,
entity
reproduces, distributes, or displays a copyrighted work without
permission from the copyright holder. This type of infringement is
common in fields such as literature, music, films, software, and digital
content.
One of the biggest challenges in the digital age is online piracy, where
copyrighted content is distributed illegally on websites, social media platforms,
and peer-to-peer networks. Unauthorized reproduction of books, movies, music
albums, and software results in significant financial losses for the
creators.
Indian Context:
India has been battling film and music piracy for decades. Websites like
TamilRockers and Filmywap have frequently leaked Bollywood,
Tollywood, and Hollywood movies, causing major revenue losses to the film
industry. The Indian government has strengthened anti-piracy measures
through amendments to the Copyright Act, 1957, enabling authorities to
block illegal websites and impose heavy penalties on offenders.

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2. Patent Infringement

Patent infringement occurs when a company or individual manufactures,

sells, or uses a patented invention without the patent holder’s
authorization. Patents provide exclusive rights to inventors, ensuring that
their innovations remain protected from unauthorized commercial exploitation.
Patent disputes are common in industries such as pharmaceuticals,
biotechnology, and electronics, where companies invest heavily in
research and development (R&D). Unauthorized duplication of patented
medicines, mechanical devices, or technological processes leads to legal
battles and financial losses.
Indian Context:

One of the most famous patent infringement cases in India was Roche vs.
Cipla (2009), where Swiss pharmaceutical giant Roche sued Cipla for
manufacturing a generic version of its patented lung cancer drug. The court
ruled in favor of Cipla, highlighting India’s emphasis on affordable
medicines and public health over patent rights . The Indian Patents
Act, 1970, also allows for compulsory licensing, enabling Indian
manufacturers to produce life-saving drugs at lower costs when necessary.

3. Trademark Infringement

Trademark infringement occurs when an unauthorized entity uses a

registered brand name, logo, slogan, or trade dress , leading to
consumer confusion. Brands invest heavily in their trademarks to establish
identity, reputation, and trust among consumers. Counterfeit products not
only harm businesses but also pose risks to consumer safety, especially in
sectors like pharmaceuticals, food, and electronics .
Common forms of trademark infringement include counterfeit goods, fake
branding, and deceptive domain name registrations . In India, several
local markets, including those in Delhi, Mumbai, and Kolkata, are known for
selling counterfeit clothing, accessories, and electronics with fake
trademarks.

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Indian Context:

In Honda Motors vs. Sri Krishna Motors (2002) , the Delhi High Court
ruled against an Indian company using the brand name "Honda" for its
products. The judgment reaffirmed that trademark protection is essential
for brand identity and that unauthorized use of a reputed brand can mislead
consumers.

4. Design Infringement

Design infringement occurs when a company or individual copies the unique

visual appearance of a product without permission. Industrial designs
include product shapes, patterns, and surface decorations ,
which are often registered for protection under the Designs Act, 2000.
Industries such as automobiles, fashion, furniture, and electronics
frequently encounter design infringement cases, as competitors attempt to
replicate popular designs to capitalize on consumer demand.
Indian Context:

Several automobile companies in India have sued rivals for copying their
vehicle designs. The Designs Act, 2000, protects these industrial designs
by granting exclusive rights to creators for up to 15 years .

5. Trade Secret Violations

Trade secret infringement occurs when confidential business information

—such as manufacturing techniques, formulas, marketing strategies, or
customer databases—is stolen or disclosed without authorization. Unlike
patents, trade secrets are protected indefinitely , as long as they remain
confidential.
In the corporate world, employees, competitors, and hackers may
attempt to access trade secrets to gain a competitive edge. This is particularly
concerning in sectors like software, pharmaceuticals, and financial
services, where proprietary knowledge is a key asset.

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Indian Context:

India does not have a specific Trade Secrets Law, but the Indian Contract
Act, 1872, provides legal protection through Non-Disclosure Agreements
(NDAs) and Confidentiality Clauses in employment contracts. Leading IT
companies such as Infosys and Wipro ensure strict NDAs to protect their
software codes and business strategies.

4.3.2 Legal Offenses and Penalties for IPR Violations in

India
The Indian government has implemented strict penalties for IPR violations.
Depending on the type of infringement, offenders may face fines,
imprisonment, or civil
Type of IPR Legal lawsuits
Provision .
Punishment Violation

Copyright Copyright Act, 1957 Up to 3 years imprisonment

Infringement and fines up to ?2 lakh
Patent Patents Act, 1970 Compensation or injunction against
Infringement violator
Trademark Trademarks Act,Up to 3 years imprisonment
Infringement 1999 and fines up to ?2 lakh

Trade SecretIndian Contract Act,Legal action under breach of

Violation 1872 contract

> Indian Government Initiatives to Curb IPR Offenses

y National IPR Policy (2016) - Strengthens enforcement against IP
violations.
y Cell for IPR Promotion and Management (CIPAM) - Raises
awareness about IP protection.
y Strict Anti-Piracy Measures - Bollywood and South Indian film
industries have taken legal action against piracy websites.

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4.3.3 Notable IPR Cases in India
1. Star India vs. Haneeth Ujwal (2018) - Online Piracy Case
• Star India held the official broadcasting rights for the Indian Premier
League (IPL).
• A website streamed IPL matches illegally, violating broadcasting
copyrights.
• The Delhi High Court ruled in favor of Star India, ordering the ban of
illegal streaming websites.
2. Yahoo vs. Akash Arora (1999) - Trademark Infringement

• An individual registered Yahoo India as a domain name, confusing

internet users.
• The Delhi High Court ruled that Yahoo’s trademark was being
misused, setting an important precedent for domain name disputes in
India.
3. Pfizer vs. Ranbaxy (2006) - Patent Infringement

• Ranbaxy was accused of manufacturing a generic version of

Pfizer’s Lipitor, a cholesterol drug.
• The case led to a global legal battle, emphasizing the importance of
pharmaceutical patent protection.

Intellectual Property Rights (IPRs) are crucial for fostering innovation,

protecting businesses, and ensuring fair competition. However, widespread
piracy, counterfeiting, and trade secret violations pose challenges in
India’s growing economy. While the government has strengthened legal
frameworks, strict enforcement, public awareness, and corporate
compliance are essential to prevent IPR offenses.

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4.4 REMEDIES AND PENALTIES FOR IPR
VIOLATIONS
Intellectual Property Rights (IPRs) provide legal protection for creative and
innovative works, ensuring that inventors, businesses, and artists benefit
from their intellectual labor. However, infringement of these rights can
cause significant economic and reputational losses. To counter these
violations, various legal remedies and penalties have been established
both in India and internationally.
The enforcement of IPR laws is essential to encourage innovation, fair
competition, and economic growth. Remedies for IPR violations may
include civil, criminal, and administrative actions , depending on the
type and severity of the infringement.

4.4.1 Types of Legal Remedies for IPR Violations

1. Civil Remedies
Civil remedies are aimed at compensating the IPR holder for losses due to
infringement. These legal actions are taken through civil courts and primarily
include:
a) Injunctions (Restraining Orders)

An injunction is a court order that prevents the infringer from

continuing the unauthorized use of intellectual property. Injunctions can
be:
• Temporary (Interim) - Issued during the trial to immediately stop
the infringement.

• Permanent - Granted after the trial, permanently restraining the

infringer from using the IP.

For example, if a company copies the design of a patented product, the

original patent holder can seek an injunction to stop its sale .

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b) Damages and Compensation

The court may order the infringer to pay monetary compensation to the
IPR holder for financial losses and damage to their reputation. The amount
is determined based on factors like:

• Lost profits due to infringement

. Market impact of counterfeit or pirated goods
• Cost of legal proceedings
For instance, in Time Incorporated vs. Lokesh Srivastava (2005) , the
Delhi High Court ordered heavy damages for trademark infringement,
reinforcing the importance of financial penalties.

c) Delivery or Seizure of Infringing Goods

The court may order the seizure, confiscation, or destruction of

counterfeit or pirated goods to prevent further unauthorized distribution.
This measure is frequently used in trademark and copyright infringement
cases involving fake branded products or pirated DVDs.

2. Criminal Remedies

Criminal penalties act as a deterrent against willful infringement . Indian

laws provide for severe punishments for IPR offenses, including:
a) Imprisonment

Under the Copyright Act, 1957, Trademark Act, 1999, and Patents Act,
1970, IPR infringement may lead to criminal charges resulting in:
• A minimum imprisonment of 6 months, extendable to 3 years for
serious violations.

• Repeat offenders may face extended jail terms.

For example, in cases of music or movie piracy, offenders running illegal

streaming websites have been arrested and sentenced to prison.

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b) Fines and Monetary Penalties

Courts impose hefty fines on individuals and businesses found guilty of

counterfeiting, piracy, or unauthorized use of intellectual property.
. Fines range from ?50,000 to ?2 lakh, depending on the severity of the
infringement.
. In some cases, additional damages may be awarded to cover legal costs
and business losses.
c) Search and Seizure Operations

Under criminal law provisions, authorities can raid premises suspected of

engaging in IPR violations. This is common in cases of software piracy,
counterfeit goods, and fake pharmaceutical drugs .
For instance, the Software Alliance (BSA), in collaboration with Indian law
enforcement, has conducted multiple raids against companies using
unlicensed software, leading to penalties and software confiscation.

3. Administrative Remedies

In addition to civil and criminal penalties, IPR holders can seek

administrative remedies through regulatory bodies such as:
. Intellectual Property Appellate Board (IPAB) (Now merged with High
Courts in India)
• Customs Department (Prevents the import of counterfeit goods)

• Competition Commission of India (CCI) (Handles unfair trade

practices)

Administrative bodies may:

• Cancel fraudulent trademarks or patents registered in bad faith.

• Blacklist companies found guilty of repeated IPR violations.
• Restrict imports of counterfeit goods at ports and airports.

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For example, under the Customs Act, 1962, Indian authorities have blocked
imports of counterfeit luxury products, preventing financial losses to
original brands.

4.4.2 International Treaties and IPR Enforcement

Intellectual Property Rights (IPRs) are essential for fostering innovation,
creativity, and economic growth in a globally connected world. Since
intellectual property can be easily copied and distributed across borders,
international cooperation is crucial for effective enforcement. Various
treaties and agreements have been formulated to ensure harmonized
protection of IPRs worldwide. These treaties define minimum
standards for protecting patents, trademarks, copyrights, and other IP assets
while encouraging collaboration among nations.
India, as an emerging economy and a member of the World Trade
Organization (WTO), has actively participated in shaping and enforcing
these agreements. Adopting these treaties has helped India align its IP laws
with global standards, attract foreign investment, and strengthen
domestic innovation and research. Below are some of the most
significant international treaties governing IPR enforcement and India’s
compliance with them.

1. TRIPS Agreement (Trade-Related Aspects of Intellectual Property

Rights)

The TRIPS Agreement is one of the most comprehensive international

agreements on IPRs. It was established under the World Trade
Organization (WTO) in 1995 to set minimum standards for IP protection
across member countries. TRIPS ensures that intellectual property laws are
uniform and enforceable worldwide, preventing unfair trade practices and
encouraging global innovation.

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Key Features of TRIPS:

• Patent Protection: TRIPS mandates a minimum 20-year

protection for patents, ensuring inventors and companies can benefit
from their innovations.
• Copyright Protection: Literary, artistic, and musical works are
protected for 50-70 years (India extends copyright protection to 60
years).
• Trademark Protection: Ensures exclusive rights over brand
names, logos, and symbols to prevent counterfeiting.
• Enforcement Mechanisms: Includes border control measures to
prevent the import of counterfeit goods and dispute resolution
mechanisms under the WTO.
> India’s Compliance with TRIPS:
India became a signatory to TRIPS in 1995 and revised its intellectual
property laws accordingly. The Indian Patents Act, 1970, was
amended in 2005 to allow product patents for pharmaceuticals
and chemicals, aligning with TRIPS requirements. Before this
amendment, India only allowed process patents, which led to the
growth of the generic drug industry.
A famous case related to TRIPS compliance was Novartis vs. Union of
India (2013), where the Indian Supreme Court denied a patent for the
cancer drug Glivec, ruling that it did not demonstrate a significant
therapeutic advancement. This decision highlighted India’s
commitment to balancing patent protection with public health
under TRIPS' flexibilities (such as compulsory licensing for life-
saving medicines).

2. Berne Convention (Copyright Protection)

The Berne Convention for the Protection of Literary and Artistic
Works was signed in 1886 and is one of the oldest and most significant
copyright treaties. It ensures that authors receive automatic protection
for their works across member countries, eliminating the need for separate
registrations in each nation.

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Key Features of the Berne Convention:

. Automatic Protection: Copyright protection is granted as soon as a

work is created, without requiring formal registration.
. Minimum Protection Term: Protects works for at least 50 years
after the author's death (India provides 60 years).
. Moral Rights: Ensures that authors have the right to claim ownership
and prevent unauthorized modifications of their works.
India’s Compliance with Berne Convention:
India became a member of the Berne Convention in 1928 and
incorporated its provisions into the Copyright Act, 1957. Indian authors,
filmmakers, musicians, and software developers benefit from
international copyright protection in over 180 countries.
A significant copyright infringement case in India involved the
Bollywood film industry, where many piracy websites were shut
down for distributing movies without authorization. The Delhi High
Court issued injunctions blocking websites like Tamilrockers under
Berne Convention principles.

3. Madrid System (Trademark Protection)

The Madrid System, administered by the World Intellectual Property

Organization (WIPO), simplifies global trademark registration. Instead
of filing separate applications in multiple countries, businesses can apply for
international trademark protection through a single application.
Key Features of the Madrid System:

. Centralized Registration: One application covers over 130 member

countries.
• Cost and Time Efficiency: Reduces the cost and complexity of
registering and maintaining trademarks globally .
• Protection Against Counterfeiting: Strengthens brand
recognition and legal enforcement in foreign markets.

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India’s Compliance with the Madrid System:

India joined the Madrid Protocol in 2013, making it easier for Indian
businesses and startups to protect their brands internationally. Many
Indian companies, including Tata, Infosys, and Wipro, have registered their
trademarks under this system.
A notable case was Amul’s trademark dispute with a U.S.-based
company that attempted to use the "Amul" brand name. The Indian Dairy
Cooperative successfully defended its trademark internationally
through the Madrid System.

4. WIPO (World Intellectual Property Organization)

The World Intellectual Property Organization (WIPO) is a specialized

agency of the United Nations that promotes global cooperation in
intellectual property laws. Established in 1967, WIPO oversees treaties
and dispute resolution related to IPRs.
Key Functions of WIPO:

• Dispute Resolution: Resolves international domain name disputes

and IP conflicts.
• Global IP Databases: Provides access to patent, trademark, and
copyright information worldwide.
• Capacity Building: Assists developing nations, including India,
in strengthening IP laws.

India’s Collaboration with WIPO:

India has partnered with WIPO to digitize patent and trademark filings ,
making it easier for businesses to apply for IP protection online. WIPO
also supports India’s "Startup India" initiative , helping startups secure
global patents and trademarks.
In 2021, the Indian Patent Office collaborated with WIPO to fast-track
patent applications for COVID-19 medical technologies ,
demonstrating the importance of international IP cooperation.

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4.4.3 Challenges in Enforcing International IPR Laws
in India
While India has made significant progress in aligning its IP laws with global
standards, challenges remain in effective enforcement:
1. Widespread Counterfeiting and Piracy : India remains a hotspot for
fake branded goods, pirated software, and illegal streaming
services. Despite international treaties, enforcement remains weak in
certain sectors.
2. Judicial Delays: IP-related lawsuits often take years to resolve,
discouraging companies from pursuing legal action.
3. Limited Awareness: Many small businesses and entrepreneurs fail to
register their intellectual property, leading to unintentional IP
violations.
4. Cross-Border IP Violations: Many counterfeit goods enter India from
China and Bangladesh, making international cooperation crucial for
enforcement.
5. Balancing Public Interest and IP Protection : India must strike a
balance between protecting IP rights and ensuring affordable access to
medicines, technology, and education materials .

4.4.4 Notable IPR Enforcement Cases in India

1. Microsoft vs. Jaipur Cyber Cafe (2007) - Software Piracy Case

. Microsoft sued a cyber cafe in Rajasthan for using pirated Windows
software.
• The court ruled in favor of Microsoft, imposing heavy fines and
seizure of unauthorized software.
2. Louis Vuitton vs. Indian Traders (2018) - Counterfeit Goods
Case
• Luxury brand Louis Vuitton sued multiple retailers in India for selling
fake LV handbags and accessories.
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 . The Delhi High Court ordered the immediate destruction of
counterfeit goods and imposed financial penalties on traders.
3. Novartis vs. Union of India (2013) - Patent Case
• Swiss pharmaceutical company Novartis sought a patent for its
cancer drug "Glivec".
• The Supreme Court denied the patent, ruling that minor
modifications to existing drugs do not qualify for patents under
India’s strict patent laws.

4.5 BASICS OF PLAGIARISM POLICY OF UGC

4.5.1 Introduction to Plagiarism

Plagiarism is a serious ethical and academic offense that involves using

someone else’s work, ideas, or intellectual property without proper
acknowledgment. It violates the principles of academic integrity and
originality, which are fundamental to knowledge creation and dissemination.
Plagiarism can occur in research papers, dissertations, articles, books,
assignments, and digital content. With the increasing access to online
resources, plagiarism has become a significant concern in higher education,
prompting regulatory bodies to establish strict guidelines.
In India, the University Grants Commission (UGC) has taken measures
to curb plagiarism and promote ethical research practices. The UGC
(Promotion of Academic Integrity and Prevention of Plagiarism in
Higher Educational Institutions) Regulations, 2018 , provide a
structured approach to detecting, preventing, and penalizing plagiarism in
academic work. These guidelines apply to students, faculty members, and
research scholars across all Higher Education Institutions (HEIs) in
the country.
Academic integrity is essential for maintaining the credibility of research and
publications. Plagiarism not only affects an individual’s reputation but

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also compromises the authenticity of knowledge. Institutions are now required
to adopt anti-plagiarism software such as Turnitin, Urkund, and
PlagScan to ensure the originality of academic work.

4.5.2 Classification of Plagiarism Under UGC Policy

The UGC regulations classify plagiarism into different levels based on the
percentage of similarity detected in a document. This classification helps
in determining the severity of plagiarism and imposing appropriate penalties.
1. Level 0 (Similarity < 10%) - Minor Overlap

A similarity index of up to 10% is considered acceptable since it may

result from common terminology, phrases, or unavoidable textual similarities. In
such cases, no penalty is imposed, but students and researchers are
encouraged to improve citation practices. Minor overlaps often occur in
technical or scientific writing, where certain phrases are standard.
2. Level 1 (Similarity >10% to < 40%) - Low-Level Plagiarism

When plagiarism falls between 10% and 40%, it is categorized as low-level

plagiarism. This level is commonly seen in undergraduate assignments,
coursework, and minor research projects where students unintentionally
fail to cite sources properly.
Penalty:

• Students: Required to revise and resubmit the work with proper

citations.
• Faculty and Researchers: A formal warning is issued, and they
must modify their work to eliminate plagiarism.
The focus at this stage is on education rather than punishment, as many cases
arise due to a lack of awareness about proper referencing.
3. Level 2 (Similarity >40% to < 60%) - Moderate-Level Plagiarism

A similarity index between 40% and 60% indicates moderate-level

plagiarism, which is considered a serious academic offense. It often

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occurs in research papers, journal articles, and thesis submissions
where large portions of content are copied without acknowledgment.

Penalty:

• Students: The submitted work is rejected, and resubmission is allowed

only after six months, following extensive revisions.
• Faculty and Researchers: They face denial of promotions, salary
increments, and suspension from research supervision for two
years.
This level of plagiarism suggests either carelessness or deliberate
misconduct, making corrective action necessary.

4. Level 3 (Similarity > 60%) - Severe Plagiarism

A similarity index exceeding 60% indicates severe plagiarism,

meaning that a significant portion of the work is copied. This is a serious
ethical violation that can result in legal and professional consequences.
Penalty:

• Students: The registration is canceled, and the degree may be

revoked.
• Faculty and Researchers: They may face dismissal from
employment and blacklisting from publishing, funding, and academic
institutions for three years.
Severe plagiarism damages the reputation of individuals and
institutions, leading to a loss of credibility in academic circles.

4.5.3 Penalties and Consequences of Plagiarism

The UGC has outlined strict penalties to ensure that plagiarism is
discouraged at all academic levels. These penalties vary based on the
severity of the offense and the role of the individual involved.
1. For Students

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Students who commit minor plagiarism (Level 1) are given an opportunity
to revise and resubmit their work. However, for higher levels of
plagiarism (Level 2 and Level 3), they may face severe consequences
such as paper rejection, academic suspension, or even expulsion . In
extreme cases, their degree may be revoked, which can have long-term
consequences for their academic and professional careers.
2. For Faculty and Researchers

For faculty members and researchers, plagiarism can lead to career

setbacks. First-time offenders may receive warnings and a requirement
to revise their work, but repeat offenders face denial of promotions,
loss of research funding, and suspension from academic duties . In
severe cases, termination of employment and blacklisting from
academic journals and research grants can occur.
3. Institutional Accountability

Educational institutions are responsible for implementing antiplagiarism

measures and ensuring academic integrity. Universities failing to enforce
plagiarism policies risk losing UGC recognition and funding.

4.5.4 Preventive Measures Against Plagiarism

To prevent plagiarism, higher education institutions (HEIs) must adopt
systematic policies and awareness programs . The following steps help
ensure academic integrity:
1. Use of Plagiarism Detection Software

Universities and research institutions must mandate the use of plagiarism

detection software like Turnitin, Urkund, and PlagScan to
check for copied content before submission.
2. Proper Citation and Referencing

Students and researchers must follow standard citation styles like APA,
MLA, Chicago, or IEEE to give credit to original authors.
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Paraphrasing without citation is still considered plagiarism , so
proper referencing is crucial.

3. Academic Integrity Training

Workshops, seminars, and mandatory courses on research ethics and

academic integrity should be conducted to educate students and faculty
about plagiarism and its consequences.
4. Encouraging Original Work

Educational institutions should promote a culture of originality by rewarding

innovative research and discouraging copy-paste practices.

The UGC Plagiarism Policy is designed to maintain academic honesty,

originality, and ethical writing practices in Indian higher education
institutions. By classifying plagiarism levels, enforcing strict
penalties, and encouraging preventive measures , UGC aims to foster
a culture of research integrity.
Plagiarism not only affects individuals but also damages the reputation of
institutions and the credibility of academic research. To build a strong
academic and research ecosystem, students, educators, and researchers
must uphold ethical writing practices and adhere to UGC’s guidelines.
Institutions must ensure that plagiarism detection mechanisms are in place,
and individuals must strive to produce original, well-cited, and high-
quality academic work.

References:
• Government reports and legal documents .
Books and academic papers
• Online resources and case studies

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