Intellectual Property Rights
IPR for UPSC — IP types and Indian laws, TRIPS and Doha, the Patents Act, Section 3(d), compulsory licensing, GI, PPV&FR and traditional knowledge.
SyllabusGS III · Awareness in the fields of IT, space, computers, robotics, nano-technology, bio-technology and issues relating to intellectual property rights
“Issues relating to intellectual property rights” is named in the GS III syllabus, and it also links to the WTO (GS II), health (GS II) and agriculture (GS III). Prelims tests precise legal facts — the term of each IP right, which section of the Patents Act says what, which body registers GIs, what TRIPS requires. Mains asks how India balances patents with access to medicines, how it guards against evergreening and biopiracy, and whether GI tags actually help producers.
Key sub-topics in this chapter
| Sub-topic | What to know |
|---|---|
| Types of IP | Patents, copyright, trade marks, designs, GI, plant varieties, layout designs, trade secrets — law and term |
| TRIPS | Minimum standards (1995), Articles 27, 31 and 31bis, the Doha Declaration (2001), TRIPS-plus |
| Patents Act, 1970 | Process-patent era; 2005 amendment; Section 3(d); oppositions; Sections 84, 92, 92A |
| Landmark cases | Novartis v. Union of India (2013); Natco–Bayer compulsory licence (2012) |
| GI and plant varieties | GI Act 1999; PPV&FR Act 2001 and farmers’ rights |
| Traditional knowledge | TKDL; turmeric and neem cases; Biological Diversity Act; WIPO treaty (2024) |
| Policy | National IPR Policy (2016), CIPAM, abolition of IPAB (2021) |
There are two topic notes — patents and TRIPS first, then GIs and traditional knowledge.