Why this matters now
IPR is tested for the types of IP, India’s regime and TRIPS obligations, the IPR policy, and debates like patent “evergreening” and access to medicines — a key S&T/economy crossover.
Types of intellectual property
- Patents — protect inventions (20 years);
- Copyrights — literary, artistic and software works;
- Trademarks — brand names and logos;
- Geographical Indications (GIs) — origin-linked products (Darjeeling tea, Banarasi saree);
- Industrial designs, trade secrets and plant-variety protection.
India’s IPR regime
India’s laws (the Patents Act 1970, amended to meet TRIPS in 2005, plus the Copyright, Trade Marks and GI Acts) are TRIPS-compliant (the WTO agreement). The National IPR Policy, 2016 (“Creative India; Innovative India”) aims to strengthen the IP ecosystem; the CGPDTM administers IP. India is a member of WIPO conventions.
Key debates
India balances IP protection with public health and access: Section 3(d) of the Patents Act curbs “evergreening” (the Novartis-Glivec case), and compulsory licensing can allow affordable generics. Debates continue over access to medicines, the cost of IP for developing countries, traditional-knowledge protection, and innovation incentives.
UPSC angle
Know the IP types (patent 20-yr, copyright, trademark, GI), TRIPS compliance (Patents Act 2005), the National IPR Policy 2016, Section 3(d)/evergreening (Novartis), and compulsory licensing.
Frequently asked questions
What are intellectual property rights?
Legal rights that protect creations of the mind — inventions, artistic works, brands and designs — for a limited time.
What are the main types of IP?
Patents, copyrights, trademarks, geographical indications, industrial designs and trade secrets.
Is India’s IPR regime TRIPS-compliant?
Yes — India amended its laws (notably the Patents Act in 2005) to comply with the WTO’s TRIPS agreement.
What is patent evergreening, and how does India curb it?
Extending a patent through minor modifications; India’s Section 3(d) of the Patents Act restricts it, as upheld in the Novartis case.