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https://prakashastraltech.wordpress.com/2024/05/30/indian-traditional-knowledge-and-intellectual-property-rights/

The Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce adopted the National Intellectual Property Rights (IPR) Policy in 2016. The main goal of the policy is “Creative India; Innovative India”.The Department of Industrial Policy and Promotion (DIPP) of Government of India is entrusted with matters concerning the specialised UN agency on IPRs, the World Intellectual Property Organisation (WIPO), including coordination with other concerned Ministries or Departments. Indian IPR Laws fully conform to the Agreement on Trade Related Aspects of Intellectual Property Rights under WTO aegis. Adopted in May 2016, the IPR Policy is a giant leap by the Government of India to spur creativity and stimulate innovation.The duration or validity of protection under IP Laws varies from one IP rights to others in India.Trademarks are initially registered for 10 years and can be renewed for an indefinite period. Patents grant protection for 20 years from the date of application filing, with no provisions for further renewal. British implemented the first patent statute in India “On Protections of Inventions, provided certain exclusive privileges to inventors for a 14-year term. The 1st legislation in India relating to patents was the Act VI of 1856. The objective was to encourage inventions and to induce inventors to disclose secret of their inventions. Later, to grant exclusive privilege, a fresh legislation was introduced as Act XV of 1859.

The origins of Intellectual Property – 500 BCE : It begins in 500 BCE when Sybaris, a Greek state, made it possible for citizens to obtain a one year patent for “any new refinement in luxury.” Patent, trademark and copyright laws have become more complicated in the ensuing centuries but the intent remains the same. The South Korean technology giant Samsung Electronics was awarded a total of 6,165 United States patents in 2023, the most of any company. Qualcomm ranked second among companies, with 3,854 U.S. patents granted, followed by the likes of Taiwan Semiconductor Manufacturing Company and IBM. The default principle that the creator of intellectual property becomes the owner of that IP has an important consequence. If no contract clause on IP-ownership is included in the services agreement, the created IP will be owned by the service provider and not by the customer.

The seven types of Intellectual Property Rights (IPR) include patents, trademarks, copyrights, trade secrets, industrial designs, geographical indications, and plant variety rights. Each type of IPR provides legal protection for different forms of intellectual creations and innovations. Limitation of Current IPR system for traditional knowledge- The current IP system allows individuals to protect their inventions and IPRs, but does not allow communities to collectively protect their knowledge in all areas; and in those areas where collective IP registration is possible, communities are not exercising their rights.

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Indian Traditional Knowledge and intellectual property rights – Traditional Knowledge Digital Library (TKDL) The Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce adopted the National Intellectual Property Rights (IPR) Policy in 2016. The main goal of the …