| (a).
Intellectual Property Rights (IPR's), of which patents form the major component,
are protected and enforced akin to all forms of private property through
appropriate domestic laws with the cherished aim of encouraging scientific-technological
innovations of new products and processes leading to increased societal
wealth and prosperity. Though these laws have much in common from
the above point of view, country-wise they also differ in details through
specific clauses carefully introduced to reflect the over-all national
interests matching with the differing stages of socioeconomic development.
In other words, Patents Laws have never been an absolutist concept, they
invariably have reflected the contemporary needs of the respective national
interests. These rights also, akin to any other citizen's rights,
rest on certain fundamental principles and yet harmonized with the overall
needs of the contemporary political economy. Hence the need to be
aware of the crucial issues regarding patent laws and patenting practices
regulated through the specific clauses.
In
India, the concepts of patents and patenting practices were introduced
first by the East India Company in 1856 on the lines of the Act in United
Kingdom. This was followed by further alterations and amendments
by the then colonical government resulting finally in the Patents &
Designs Act 1911. In order to ensure that the patent system was made
more conductive to the interests of the newly independent nation, an Enquiry
Committee was appointed by the Government of India under Justice (Dr) Bakshi
Tek Chand in late 1948, followed by another one under Justice Rajagopal
Ayyangar for more detailed study of the critical issues. These recommendations
eventually lead to the enactment of The Indian Patents Act 1970, hailed
by many as a model act for developing countries. The situation has,
since, changed considerably. As part of its policies in international
trade and as a member of the World Trade Organisation (WTO), the government
has recently introduced in parliament a Bill seeking major amendments in
the 1970 Act and the amended Act would then regulate the IPRs in India
in future. So also, the new Bills related to Trade Marks, Breeders'
Rights, Biodiversity, IC's, softwares and so on, all covered under the
umbrella of IPR's. These Bills, in turn, also envisage new measures
to ensure greater compliance of IPRs in terms of both inventors'
rights and infringements by others, apart from those through the Disputes
Settlement Body of WTO.
In
view of the these IPR related developments in our country, it is absolutely
essential that the challenges and opportunities of the New IPR Regime are
rightly understood by all those who are involved in R&D, T&D,
T/T, commercialisation, process innovation and all such S&T related
activites in dedicated research centres, in-house units of coporate bodies
and policy planning groups including government departments dealing with
technology. New strategies would be essential in organising future R&D
activities on the one had and management of industrial-technological innovations
on the other - the very process of administering IPR's in their manifold
aspects. The Site would provide guidelines.
| a. |
to
understand the new IPR Regime in terms of its policy contents |
| b. |
to
help formulate strategies in organising future R&D activities in dedicated
and in-house Research Centres/ Units. |
| c. |
to
evolve process of administering IPR's in respective areas |
| d. |
to
share specfic examples from world patents literature |
| e. |
to
formulate IPR Policies in line with management / corporate objectives |
(b).
The Site would regularly publish critical review articles by experts on
the differing aspects of IPR's as practised in India and in other countries
to enable the customers to have comparative studies on respective IPR policies,
including the evolution of concerned laws through the differing stages
of hteir techno-economic development.
(c).
The Site would bring out the significant IPR events happening in India
and other countries and also major activities of WTO in this field.
(d).
The Site would evolve as a reliable and User Friendly Data Base of IPR's
in India in all aspects. |
