What do you mean by Intellectual Property ? Discuss the protection of Intellectual Property Rights in reference to patent, plant breeders' rights and copyright.

The protection of Intellectual Property Rights is essential for incentivizing creativity and innovation. India's legal framework for IPRs is comprehensive, covering various forms of intellectual property. This section discusses the protection accorded to patents, plant breeders' rights, and copyright.

1. Patent Protection

A patent is an exclusive right granted for an invention, which can be a product or a process, that provides a new way of doing something or offers a new technical solution to a problem. In India, patent protection is governed by the Patents Act, 1970, as amended over time (most recently in 2005).

• Criteria for Patentability: An invention must satisfy three main criteria to be patentable:
  • Novelty: It must not have been anticipated by any publication or use anywhere in the world.
  • Inventive Step (Non-obviousness): It should not be obvious to a person skilled in the art.
  • Industrial Applicability: It must be capable of being made or used in an industry.
• Rights Granted: A patent grants the owner the exclusive right to prevent others from making, using, offering for sale, selling, or importing the patented invention without permission. This right is typically granted for a period of 20 years from the date of filing the patent application.
• Limitations and Flexibilities: The Indian Patents Act includes provisions like compulsory licensing and Section 3(d) (which prevents "evergreening" of patents by making minor modifications to existing inventions) to ensure a balance between patent holders' rights and public health interests, particularly concerning access to affordable medicines.

2. Plant Breeders' Rights (PBR)

Plant breeders' rights, also known as Plant Variety Protection (PVP), are a form of intellectual property that grants exclusive rights to the breeder of a new plant variety. This encourages the development of new and improved plant varieties essential for agricultural advancement. In India, these rights are protected under the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001.

• Objectives of the PPV&FR Act:
  • To establish an effective system for the protection of plant varieties.
  • To recognize and protect the rights of farmers in respect of their contributions in conserving, improving, and making available plant genetic resources.
  • To accelerate agricultural development in the country by stimulating investment for research and development in new plant varieties.
  • To facilitate the growth of the seed industry.
• Key Features and Rights:
  • Breeders' Rights: Grant exclusive rights to breeders for commercial production, selling, marketing, distribution, and import/export of the protected variety. The protection period is generally 15-18 years, depending on the crop type.
  • Farmers' Rights: Uniquely, the Act also grants significant rights to farmers. Farmers are recognized as breeders if they develop new varieties. They have the right to save, use, sow, re-sow, exchange, share, or sell their farm produce, including seed of a protected variety, provided they do not sell it as "branded seed." Farmers are also eligible for recognition and rewards for conserving genetic resources.
  • Researchers' Rights: Researchers can use protected varieties for experimental purposes or for developing new varieties, without requiring permission from the breeder, subject to certain conditions.
• Distinctiveness, Uniformity, and Stability (DUS) Criteria: For a new plant variety to be registered, it must meet these criteria. The PPV&FR Authority oversees the registration process and maintains the National Register of Plant Varieties.

3. Copyright Protection

Copyright is a legal right that protects original works of authorship, providing creators with exclusive rights over their creative expressions. In India, copyright protection is governed by the Copyright Act, 1957, which has undergone several amendments (most recently in 2012 and 2021).

• Works Protected: The Act protects a wide range of works, including:
  • Literary works (books, computer programs, articles, etc.)
  • Dramatic works (plays, scripts)
  • Musical works (compositions, lyrics)
  • Artistic works (paintings, sculptures, photographs, architecture)
  • Cinematograph films
  • Sound recordings
• Rights Granted: Copyright owners typically have exclusive economic rights, including the right to reproduce the work, issue copies to the public, perform the work in public, make cinematographic films or sound recordings, make translations, and make adaptations. Moral rights, such as the right of paternity (to claim authorship) and the right of integrity (to prevent distortion or mutilation), are also protected.
• Term of Protection: For most literary, dramatic, musical, and artistic works, copyright generally lasts for the lifetime of the author plus 60 years after their death. For cinematograph films, sound recordings, photographs, and government works, it is 60 years from the date of publication.
• Automatic Protection: Copyright protection is automatic upon creation of the work and does not require registration. However, registration provides prima facie evidence of ownership in case of disputes.
• Fair Use/Fair Dealing: The Act allows for "fair dealing" of copyrighted works for purposes such as criticism, review, reporting current events, research, or private use, without constituting infringement.

The table below summarizes the key differences in the protection offered by patents, plant breeders' rights, and copyright:

Feature	Patent	Plant Breeders' Rights	Copyright
Subject Matter	Inventions (product or process) that are new, non-obvious, and industrially applicable.	New, distinct, uniform, and stable plant varieties.	Original literary, dramatic, musical, and artistic works; cinematograph films, sound recordings.
Governing Law (India)	The Patents Act, 1970	The Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001	The Copyright Act, 1957
Duration of Protection	20 years from filing date.	15-18 years (depending on crop type).	Author's lifetime + 60 years (for most works). 60 years from publication (for films, recordings, etc.).
Nature of Right	Exclusive right to exploit the invention commercially.	Exclusive right to commercialize the variety; balances with farmers' and researchers' rights.	Exclusive rights to reproduce, distribute, perform, adapt, translate, and moral rights.
Requirement for Registration	Mandatory for protection.	Mandatory for protection.	Automatic; registration provides evidentiary value.
Key Balancing Provision	Compulsory licensing, Section 3(d).	Farmers' Rights to save, use, and sell farm-saved seeds.	Fair dealing/fair use.