🔹 Introduction to Intellectual Property (IP) Laws
Intellectual Property (IP) laws protect creations of the mind, ensuring that inventors, artists, and businesses benefit from their innovations. IP rights are essential in a knowledge-driven economy, covering patents, copyrights, trademarks, trade secrets, and geographical indications.
Key Legislation in India:
- The Patents Act, 1970
- The Copyright Act, 1957
- The Trade Marks Act, 1999
- The Designs Act, 2000
- The Geographical Indications of Goods (Registration and Protection) Act, 1999
⚖️ Landmark Cases on Intellectual Property Laws
1️⃣ Novartis AG v. Union of India (2013) – Patent Law
- Facts: Novartis sought a patent for the cancer drug “Glivec,” but the Indian Patent Office rejected it under Section 3(d) of the Patents Act, stating it was not an innovative product.
- Judgment: The Supreme Court ruled against Novartis, stating the drug was only a modified version of an existing medicine and did not meet the “enhanced efficacy” requirement.
- Conclusion: Strengthened India’s patentability criteria, preventing “evergreening” of patents.
2️⃣ R.G. Anand v. Delux Films (1978) – Copyright Law
- Facts: A playwright claimed that a Bollywood film copied his copyrighted play.
- Judgment: The Supreme Court ruled that ideas are not copyrightable, only the expression of ideas can be protected.
- Conclusion: Reinforced the difference between ideas and expression in copyright law.
3️⃣ Yahoo Inc. v. Akash Arora (1999) – Trademark Law
- Facts: Akash Arora used the domain name “Yahoo India,” which Yahoo Inc. claimed as a trademark infringement.
- Judgment: The Delhi High Court ruled in favor of Yahoo, stating that domain names can be trademarks and confusion among users must be prevented.
- Conclusion: Established protection for domain names under trademark law.
4️⃣ Bayer Corporation v. Union of India (2014) – Compulsory Licensing
- Facts: Bayer’s patented cancer drug Nexavar was too expensive for Indian patients, and an Indian company sought a compulsory license to produce a generic version.
- Judgment: The first-ever compulsory license was granted under Section 84 of the Patents Act.
- Conclusion: Ensured access to affordable medicines, balancing patent rights and public health.
📌 Types of Intellectual Property Rights (IPR)
1️⃣ Patents – Protects new inventions (e.g., a new drug formula).
2️⃣ Copyrights – Protects literary, artistic, and musical works.
3️⃣ Trademarks – Protects brand names, logos, and symbols.
4️⃣ Trade Secrets – Protects confidential business information.
5️⃣ Geographical Indications (GI) – Protects products specific to a region (e.g., Darjeeling Tea).
❓ MCQs on Intellectual Property Laws
1. Which of the following is NOT protected under Intellectual Property laws?
a) Trademarks
b) Industrial Designs
c) Physical Property
d) Patents
✅ Answer: c) Physical Property
2. Which landmark case established that ideas are not copyrightable?
a) Novartis AG v. Union of India
b) R.G. Anand v. Delux Films
c) Yahoo Inc. v. Akash Arora
d) Bayer Corporation v. Union of India
✅ Answer: b) R.G. Anand v. Delux Films
3. Which Act governs patent laws in India?
a) The Trade Marks Act, 1999
b) The Patents Act, 1970
c) The Copyright Act, 1957
d) The Designs Act, 2000
✅ Answer: b) The Patents Act, 1970
4. The first compulsory license in India was granted for which drug?
a) Glivec
b) Nexavar
c) Paracetamol
d) Remdesivir
✅ Answer: b) Nexavar
5. What does a trademark protect?
a) Original artistic works
b) Inventions and processes
c) Logos, brand names, and symbols
d) Trade secrets
✅ Answer: c) Logos, brand names, and symbols
This guide ensures law students preparing for the All India Bar Examination (AIBE) understand Intellectual Property Laws, their key provisions, and landmark judgments. 🏛️📖⚖️