Definition:

Intellectual property rights are the rights given to persons over the creations of
their minds. They usually give the creator an exclusive right over the use of
his/her creation for a certain period of time.
IP are divided into 2 main areas
a) Industrial property, which includes inventions (patents), trademarks,
industrial designs, and geographic indications of source;
b) and Copyright, which includes literary and artistic works such as novels,
poems and plays, films, musical works, artistic works such as drawings,
paintings, photographs and sculptures, and architectural designs. Rights
related to copyright include those of performing artists in their
performances, producers of phonograms in their recordings, and those of
broadcasters in their radio and television programs
Patent

It is an exclusive right granted for an invention, which is a product or a process that

provides, in general a new way of doing something that offers a new technical
solution to a problem.
A patent provides protection for the invention to the owner of a patent which is
granted for a limited of 20 years. Patent protection means that invention cannot be
commercially, made, used, distributed or sold with the patent owners concern.

Why IPR important ?

-IPR play a key role in every sector and are crucial to investment decisions of company
ex: google acquisition of motorala
-give a competitive edge to companyincreasing competitiveness
Need for robust IPR regime:
--to attract investment
--to protect and incentivize innovation and creative capacity
--to protect traditional knowledge

Indian IPR Regime:

Compliant to WTO at all three levels
Administrative
--controller general of patents, trademarks and design(CGPDTM) under DIPP in Ministry of
commerce and industry
--copy rights office in dept of education of HRD ministry
--Protection of plant varieties and farmers rights authority in Ministry of agriculture
--Dept of IT is nodal agency for layout designs of ICs.
Legislative
--Patents Act 1970 and Patent Rules 2003,
--Trademarks-Trademarks Act 1999 and the Trademarks Rules 2002,
--Indian Copyrights Act, 1957, and amendment 1999
--Design Act 2000 and Rules 2001,
--Geographical Indications of Goods (Registration & Protection) Act, 1999 and The Rules
2002
---Protection of Plant varieties and Farmer's Rights act 2001
Weakness:
While the IPR regime in India consists of robust IP laws, it lacks effective
enforcement, for which least priority given to adjudication of IP matters is often quoted
as a reason. The key challenge is to sensitize the enforcement officials and the Judiciary
to take up IP matters, at par with other economic offences, by bringing them under their
policy radar.
Suggestions:
--Think tank
--IP Fund and encourage IP culture in country
--National policy on IP in india-results in international trust and dept socio economic
foundation