An official record states that “Around 9 million people die every year of hunger and hunger-related diseases. This is more than from AIDS, malaria and tuberculosis combined”[1]

The above stats makes it clear that “hunger” is a major issue and it must be realized that ‘food’ is not a product which can be made available through charity. It is the basic right of every human being. The right to food is recognized by the United Nations’ Universal Declaration of Human Rights under article 25 (1) which reads as under:

“Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”[2]

The problem of ill access to food is not to be considered only during the times of emergency. It has to be resolved through continuous efforts by the States through policies channelized in that direction.

THE RIGHT TO FOOD

What are the elements of ‘right to food’? The right to adequate food is realized when every man, woman and child, alone or in community with others, have physical and economic access at all times to adequate food or means for its procurement.[3] Economic access means that adequate food should be affordable to every individual without making any adjustments on other basic needs such as house rent, medicines or education. Food should be available to all not only on the store racks but also through natural resources i.e. by cultivating crops, fishing or hunting. Physical access is also an important element of ‘right to food’. It denotes that it should be accessible to all including the people living in remote areas, victims of natural disaster or war and even the prisoners.

Mere availability and access of food whether physical or economic is not sufficient; food should also be adequate in the sense that it should be high in nutritional value, safe for consumption and appropriate according to individual’s age, gender, occupation and living conditions.

One might think, is denial of right of food due to the lack of food in the world? It is not so. According to Food and Agriculture Organization of the United Nations, sufficient food is produced to feed the entire population. So, what is the cause of hunger around the world despite of the technological advances? The main cause of hunger and hunger related diseases is lack of access or the inability to afford the food which is produced. The stakeholders of the agricultural industry stock up the food grains in order to gain profit which drives the prices out of the scope of poor people.

Human rights are interlinked and indivisible. This implies that other human rights such as right to education, life, health, etc. will be affected if right to food is violated, and vice versa. Nutritional food acts as fuel to learning abilities. Therefore, to enjoy the right to education it is essential to have access to food. Lack of food and proper nutrition leads to starvation, malnutrition which thereby increases the risk of death. Hence, it impairs the enjoyment of right to health and right to life.

PROTECTING THE RIGHT TO FOOD

Who will protect our right to food? It is the State’s obligation to protect, respect and fulfil our right to food. State should take measures so that food is accessible to all and make policies or programmes so that everyone’s right to food are protected. State should take action against third parties to ensure fair market prices and take measures to implement higher standards of food quality and safety.

Implementation of rights is needed as much as the right itself. United Nations’ Food and Agriculture Organization has outlined some guidelines which States can follow to bring about a change in the food system. States should oversee all the facets of the food system, from production to consumption; identify steps and resources to meet food requirements during the times of crisis, form legislations for better food systems and include ‘right to food’ in the constitution or as a part of the fundamental rights. States should create food banks and open up opportunities for small farmers to make the villages self-sufficient and start school feeding programs so that children can enjoy many rights at the same time- education, health, food, etc. Once the right to food is implemented, it should be monitored and the impact of measures taken should be assessed. In order to monitor the implementation, States should set short-term and long-term goals; gather information, analyse it and interpret it. Meanwhile, corruption and discrimination are some of the obstacles which might come in the way in bringing about a change in the food systems.

RIGHT TO FOOD IN INDIA

In India, ‘right to food’ is covered under Article 21 of the Indian Constitution. Article 21 guarantees right to life and personal liberty and when it read with Articles 39(a) and 47 gives an effective realization to the right to food.  Article 39(a) is one of the Directive Principles which acts as guidelines for better administration of the country and directs that the citizens shall have the right to an adequate means of livelihood;[4] while, Article 47 points out the duty of the State to raise the level of nutrition and standard of living. Thus, it can be considered as a fundamental right.

Millions of tons of grains were stored by the Central Government of India in the times when people were starving to death. This practice was challenged in the case of People’s Union of Civil Liberties (PUCL) v. Union of India by filing a writ petition in the Supreme Court in 2001 ‘Whether the right to life under Article 21 include the right to food’- was one of the issues raised in this case. As a result of this case, the court issued directions to create schemes and give the needy its benefits by early 2002. In 2002 under the ‘Targeted Public Distribution Scheme’, families below the poverty line were identified and were distributed 25kgs of grains.

RIGHT TO FOOD DURING AND POST PANDEMIC

With the pandemic at its heights, food systems across the world have gone for a toss. The demand for food has increased and so has the prices due to import difficulties or logistical issues. The pandemic has affected the countries which were import-dependent for food. Due to large-scale lockdown, the supply of manpower in the agriculture industry is disrupted. The pandemic has worsened the hunger crisis all around the world.

In India, the current Prime Minister has taken a step to solve hunger issues during the lockdown due to pandemic by giving free food grains through Prime Minister Garib Kalyan Anna Yojana (PMGKAY) scheme whereby five kilograms of wheat or rice and one kilogram of pulses will be distributed to around 80 crore citizens of the country.

The changes that will occur post-pandemic is still unknown but some experts have predicted the change. Since people would avoid stepping out of their houses, delivery on the door-step will become very important. People will start buying online and will buy packaged and canned foods. On the other hand, the problem of hunger will increase as the accessibility will decrease. The United Nations Secretary-General warned that “this year, some 49 million extra people may fall into extreme poverty due to Covid-19 crisis.” [5]

CONCLUSION

“There are people in the world so hungry, that God cannot appear to them except in the form of bread” –Mahatma Gandhi

Right to food is one of the most basic rights that one person should be able to enjoy. It is a right upon which all other fundamental rights rest. The governments of all the States around the world should ensure food for every individual so that the nation can develop. Hunger is an issue was and will be but it does not mean that it cannot be solved. Right to food should be made enforceable by law and States should take appropriate steps to eradicate hunger and problems related therewith.

REFERENCES:

1.      United Nations High Commissioner for Refugees. Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development : report of the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Manfred Nowak. Refworld. Retrieved July 8, 2020, from https://www.refworld.org/docid/47c2c5452.html

2.      The Right to Adequate Food- United Nations (. , ), https://www.ohchr.org/Documents/Publications/FactSheet34en.pdf#:~:text=The%20right%20to%20food%20is%20a%20human%20right,and%20of%20his%20family%2C%20including%20food%2C…%E2%80%9D%20%28art.%2025%29

3.      What is the Right to Food? | Right to food, , https://www.righttofood.org/work-of-jean-ziegler-at-the-un/what-is-the-right-to-food/

4.      Post-Pandemic Impacts: How the Food System Will Adapt – IFT.org, , https://www.ift.org/news-and-publications/food-technology-magazine/issues/2020/may/features/post-pandemic-impacts-how-the-food-system-will-adapt

5.      A food crisis looms as coronavirus forces farms to stay idle and countries hoard supplies, , https://www.cnbc.com/2020/03/30/coronavirus-food-crisis-looms-as-farms-idle-countries-hoard-supplies.html

6.      Enforcing Right To Food in India, , http://www.legalserviceindia.com/articles/en_food.htm

7.      Right to Food – a Fundamental Right, , https://nhrc.nic.in/press-release/right-food-fundamental-right#:~:text=Right%20to%20Food%20-%20a%20Fundamental%20Right%20.,to%20ensure%20the%20effective%20realization%20of%20this%20right.

8.      The Food Crisis is Not About a Shortage of Food | Common Dreams Views, , https://www.commondreams.org/views/2010/09/17/food-crisis-not-about-shortage-food.

9.      Refworld | General Comment No. 12: The Right to Adequate Food (Art. 11 of the Covenant) (. , ), https://www.refworld.org/docid/4538838c11.html.

10.   Hunger and destitution in a post-pandemic world (. , ), https://www.dailymaverick.co.za/opinionista/2020-06-18-hunger-and-destitution-in-a-post-pandemic-world/#gsc.tab=0.

11.  D D Basu- Introduction to the Constitution of India ( 2008).

12.   Universal Declaration of Human Rights | United Nations (. , ), https://www.un.org/en/universal-declaration-human-rights/index.html.

13.    https://www.theworldcounts.com/challenges/people-and-poverty/hunger-and-obesity/how-many-people-die-from-hunger-each-year.

14.  People’s Union For Civil Liberty Vs Union Of India – Right to Food, , https://blog.ipleaders.in/peoples-union-for-civil-liberty-vs-union-of-india/#:~:text=People%E2%80%99s%20Union%20For%20Civil%20Liberty%20Vs%20Union%20Of,city%20of%20Jaipur%20city%20were%20overflowing%20with%20grains.

15.  PM Narendra Modi announces free food grain scheme for citizens extended till November Read more at: https://yourstory.com/2020/06/pm-narendra-modi-free-food-grain-scheme-extended-coronavirus, , https://yourstory.com/2020/06/pm-narendra-modi-free-food-grain-scheme-extended-coronavirus.

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The word telegraph is derived from the Greek words tele, meaning “distant,” and graphein, meaning “to write.”[1] Telegraph is any device which can be used to transmit any piece of information via coded signals across long distance however, in today’s world, telegraph is an out-dated device. Over the centuries, many types of telegraphs have been developed but telegraphs are generally understood as ‘electric telegraphs’ which used the wires or radio waves to transmit information. Radio waves are a part of the ‘electromagnetic spectrum.’ It is majorly used in radio and television broadcast.

The history of radio waves goes back to the year 1836 when telegraph was widely-used device for communication. It used combinations of dots and dashes as representation of today’s alphabets known as ‘Morse code.’ These combinations of dots and dashes can survive the disturbances much better than the human voice. Many years later this technology gave birth to telephones and radios. After the World War II ended, new technologies emerged which faded the use of telegraph.

INDIAN TELEGRAPH ACT, 1885

The Indian Telegraph Act, 1885 was enacted to amend the laws relating to Telegraphs in India. The said act came into force on 1^st October 1885. When this act was in the making, its main objective was to empower the Government or any company which is licensed u/s 4 of the Indian Telegraph Act, 1876, to give telegraph lines under or over the property of either private persons or public bodies.[2] For the reason that previously, the Governor-General in Council did not have the power to do so.

The government, any company or person who are given license u/s 4 of the Indian Telegraph Act, 1876 and authorized by a government officer can place and maintain the telegraph lines and posts under, over, along, across, in or upon the property of any “person” under part III of the Indian Telegraph Act, 1885. Here, the term person includes ‘body corporates.’

One of the main objectives of amending the Indian Telegraph Act of 1876 was to amend the definition of ‘telegraph’ so that it could be brought in conformity with the definition given under the English Acts by way of decision given by the High Court of Justice in England.

The term ‘telegraph’ is defined under Section 3(1AA) of the Indian Telegraph Act, 1885 as any device or apparatus which is able to transmit or receive signs, signals, writing, images and sounds or information of any character through wires, visual or other electro-magnetic emissions, radio waves or Hertzian waves, galvanic, electric or magnetic. An explanation is added to section 3(1AA) of the act which says that ‘radio waves’ or ‘Hertzian waves’ means electromagnetic waves that have frequencies lower than 3, 000 giga-cycles per second propagated in space without artificial guide[3]. Although the amendments of Act has included most of the technology under the ambit of the term ‘telegraph,’ the courts through their judgements have included telephone, television, mobile, radio, etc. Section 4 of the Act states that only Central Government has the right to establish, maintain and operate telegraphs within the territory of India. In cases of public emergency and safety, the Act empowers the Central Government to take possessions of licensed telegraphs under section 5.

For implementing the powers given the section 7(1) and 7(2)(e) along with sections 10, 12 and 15 of the said Act, the Central Government has made Indian Telegraph Right of Way Rules, 2016. These rules regulate the underground infrastructure and over ground infrastructure. The terms ‘underground infrastructure’ and ‘over ground infrastructure’ are defined under section 2(g) and 2(e), respectively. Over-ground infrastructure means telegraph lines which are made above the ground (mobile towers) while underground infrastructure means telegraph line laid beneath the ground (optic fibre).

The radio and television services are governed by the Indian Wireless Telegraphy Act, 1933. It is an Act which regulates the possession of wireless telegraphy apparatus and defines ‘wireless communication’ u/s 2(1) which is similar to the definition of ‘telegraph’ laid down in the Indian Telegraph Act, 1855. As a result, to broadcast using the wireless communication, broadcasting company needs to take two licenses under the latter Act- i) Grant of Permission which is issued by the Ministry of Information and Broadcasting under the Telegraph Act and ii) A wireless operating license from the Wireless Planning and Coordination Authority Wing of the Ministry of Communication and Information Technology under the Wireless Telegraphy Act.[4]

Radio services are of two kinds- AM radio and FM radio. Amplitude modulation radios or AM radios are used for two-way radio communication. These types of radios use medium or short wave frequency bands. Frequency modulation radio or FM radio is a way of transmitting any information with the help of carrier waves. FM uses frequency band of about 88 to 108 MHz[5]. All India Radio (AIR) offers both AM and FM radio.

CONCLUSION

Both telegraph and radio function on the radio waves. These radio waves help in transmitting information to long distances. The Indian Telegraph Act, 1885 regulates and amends the laws related to Telegraphs in India. On the other hand, the Indian Wireless Telegraphy Act, 1933 regulates the possession of wireless telegraph apparatus. In addition, all the radio and television services are governed by the above mentioned acts as these services fall under the definition of ‘telegraph’ as well as ‘wireless communication.’

REFERENCES

1.      Section of the Indian Telegraph Act, 1885 – Indian Act / Law / Statute / Kanoon – LawyerServices. https://www.lawyerservices.in/Indian-Telegraph-Act-1885-Statement-of-Object.

2.      India Together. http://indiatogether.org/uploads/document/document_upload/2139/blawbackgrounder.pdf.

3.      India Wireless Act, 1933 | Department of Telecommunications | Ministry of Communication | Government of India. https://dot.gov.in/act-rules-content/2419.

4.      The Foundations of Radio, Telegraph, Morse Code. https://www.cybercollege.com/frtv/frtv015.htm.

5.      Telegraph – The End of the Telegraph Era | Britannica. https://www.britannica.com/technology/telegraph/The-end-of-the-telegraph-era.

6.      Department of Telecommunications. https://dot.gov.in/sites/default/files/2016_11_18%20RoW%20Policy.pdf.

7.      Department of Telecommunications | Ministry of Communication. https://dot.gov.in/sites/default/files/Indian%20Telegraph%20Act%201885.pdf?download=1.

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Copyright is a kind of intellectual property. Copyright means the exclusive rights to do or authorize to do certain acts in relation to literacy, dramatics, sound recordings, musical work, artistic works and cinematographic films. A copyright is the right to copy or reproduce the work in the word in which copyright subsists.

The object of copyright is to encourage authors, composers, artists and designers who create original works by rewarding them with the exclusive right to exploit that work for monetary gains for a limited period. The first Copyright Act was passed by the Britishers in the year 1914 for our country which was on the model of British Act of 1911. Due to development in the field of communication there came a necessity of some controlling bodies to implement the Copyright Act. These were administrative bodies. Therefore, in the year 1957 the Copyright Act was enacted by the parliament which made the provisions for copyright society, copyright offices and copyright board. The said Copyright Act, 1957 came into force on 21^st January 1958. 

Under Chapter II of the Copyright Act 1957, the copyright office was created and put under immediate control of registrar of copyrights who was obliged to act under superintendence and direction of central government u/s 9(2) of the said act. The central government, u/s 10 of the said act, was empowered to appoint the registrar and deputy registrar of copyrights. The functions of Registrar under the said act are stated in the said Act; and that of the Deputy Registrar are those that the registrar may assign to the deputy registrars for discharging its functions. In the said act, the central government was directed to constitute a copyright board u/s 11 consisting of a chairman and not less than 2 and not more than 14 other members. The powers and procedure of copyright board was laid down u/s 12 of the Copyright Act of 1957.  

By an Amendment Act 7 of 2017, the parliament amended Sections 11 and 12 of the Copyright Act. With this amendment, the appellate board established u/s 83 of the Trademarks Act, 1999 became the appellate board for the purpose of the Copyright Act and was authorized and vested with powers to exercise jurisdiction, powers and authority conferred on it by or under the Copyrights Act.[1] With the amendment of Copyright Act in 2017, the appellate board was vested with the power to regulate its own procedure including the fixing of places and times of its sittings through benches constituted by the chairman of the appellate board from amongst its members.

Through an Amendment Act 38 of 1994, the definition of ‘work’ in section 2(y) (iii) was amended for the word ‘record’ to read as sound recording which came into effect from 10^th May 1995. Accordingly, clause (c) of sub-section 1 of section 13; clause (b) of sub-section 3 of section 13 and sub-section 4 of section 13 of Copyright Act, 1957 was also amended.

The meaning of ‘copyright’ is provided u/s 14 of the Copyright Act, and clause (a)(iv) of section 14 provides that copyright means the exclusive right, subject to the provisions of this act, to do or authorize the doing of or to make any cinematography or sound recording in respect of the work or any substantial part thereof. Clause (e) of section 14 provides for exclusive rights in the case of sound recording. The Copyright Act u/s 27 provides copyright in the case of sound recordings until 60 years from the beginning of the calendar year; next following the year in which the sound recording is published.

RELATION BETWEEN THE ACT AND RADIO

In order to understand the relation between the Copyright Act and radio, let’s look at the provisions under the act which provides for broadcasting. Under the said Act, sub-section 1 of section 31D enables any broadcasting organizations who wish to communicate to the public by way of the broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of section 31D.

In the said section, the provision is laid down for a ‘broadcasting organization,’ but it is not defined under the Copyright Act. Instead, the word ‘broadcast’ is defined under Clause (dd) of Section 2. Broadcast means communication to the public by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds, and all visual images; or by wire, and includes a re-broadcast.[2] As per the definition of ‘broadcast,’ radio is a means of broadcasting.

The expression ‘communication to the public’ defined u/s 2(ff), which was added by an Amendment Act 27 of 2012, means a work or performance which can be made available for the public at large irrespective of  the fact that anyone is watching that work or performance. The intention of the legislature to add the definition of ‘communication to the public’ was to address the issue of misuse of works in digital mediums such as downloading of audio or video for monetary gains.

The terms ‘broadcasting’ and ‘communication to the public’ play an important role in issuing license u/s 31D of the Copyright Act. The case of Tips Industries Ltd. v/s Wynk Music Ltd. and Anr[3]., was decided on the basis of definitions of the said terms. The Plaintiffs therein claimed ownership of copyright of their more than 25,000 sound recordings. On the other hand, the defendants therein who were ‘over the top service’ providers over the internet and smartphones claimed that they should be given the license u/s 31D as they are the broadcasting organization. One of the issues raised in this case was that whether section 31D of the Copyright can be invoked to acquire statutory license for internet broadcasting ?

In response to this question, the court looked into the intention of the legislature while amending the Copyright Act. By looking at section 31D, the court stated that it was apparent that the Legislature, while enacting the section, had the knowledge of difference between ‘right to commercial rental’ and ‘right to broadcast.’ If the legislature intended to include ‘right to commercial rent’ in the purview of section 31D, it would expressly mentioned in the section. The intention of the legislature is also reflected when the section 31D is read along with Sections 2 (dd) and 2(ff).

The ‘Department-related Parliamentary Standing Committee on Human Resource Development’ in their report on ‘The Copyright (Amendment) Bill, 2010’[4] found that the statutory licensing has been provided so that the musical works can be accessible to the public via FM radio networks. Simultaneously, statutory licensing has also been provided for the owners of the copyright works, who will remain untouched from the drawbacks of entering into prolonged discussions with the owners of the work.

The Copyright Act, 1957 has corresponding rules to it- The Copyright Rules, 2013. These rules have been drafted by taking Radio and Television into account as the means of broadcasting. For the better understanding of the provision under section 31D, it has to be read together with Rule 29 and 31 of the Copyright Rules, 2013. However, by reading only the rules, it can be concluded that the rules support the statutory licensing given under section 31D and that only radio and television broadcasting is covered under the ambit of the term ‘broadcasting organizations.’

CONCLUSION

In a nutshell, the term ‘broadcasting organization’ under section 31D of the Copyright Act, 1957; Copyright Rules, 2013 and the intention of the legislature clearly indicates that broadcasting organization includes radio broadcasting and television broadcasting.

As the world is rapidly moving towards the ‘age of Internet,’ online broadcasting or internet broadcasting has become a common phenomenon. Therefore, it is natural that challenges related to copyright will arise even in web-based broadcasting. Considering the technological advances in the digital era, the Department for Promotion of Industry and Internal trade of Ministry of Commerce and Industry, Government of India[5] had suggested to introduce the Copyright (Amendment) Rules, 2019. Through this amendment it was proposed that the expression ‘radio broadcasting’ and ‘television broadcasting’ in the Copyright Rules, 2013 must be replaced with ‘each mode of broadcast’ in order to bring ‘internet broadcasting’ under the ambit of ‘broadcasting organizations.’ 

REFERENCES:

1.      Tips Industries Ltd. v/s Wynk Music Ltd. and Anr., LEX(BOM) 2019 4 212

2.      PRS Legislative Research. https://www.prsindia.org/uploads/media/Copyright%20Act/SCR%20Copyright%20Bill%202010.pdf.

3.      The Gazette of India. http://www.egazette.nic.in/WriteReadData/2019/204924.pdf.

4.      Sound Recordings and Radio Broadcasts: Copyright Office. https://copyright.unimelb.edu.au/information/what-is-copyright/sound-recordings-and-radio-broadcasts.

5.      Law Business Research, L. Internet Broadcasting Organization and Statutory License under Section 31D of Copyright Act – Lexology. https://www.lexology.com/library/detail.aspx?g=988cd545-d804-413e-947a-5f47be6d03ee#_ftn1.

6.      Copyright Office Government of India. http://copyright.gov.in/Documents/CopyrightRules1957.pdf.

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Intellectual property, as the word indicates, is related to the intellect of human which is intangible. It is the creations of the mind like inventions, designs, artistic works, names, images, symbols, etc. Every human mind has a different vision to everything it sees around and perceives it differently. This gives birth to distinct ideas and innovations. Therefore, it becomes important to nurture these ideas without which it would be impossible to encourage research and developments. Intellectual property laws are thus formulated to protect the ownership of these intangible assets.  

In India, the very first law related to intellectual property was introduced in the year 1856 as the Indian Patent Act. This Act continued to be in force for than 50 years which was later revised and named as ‘The Indian Patents and Designs Act, 1911.’ Further advancements in intellectual property laws came after the Agreement on Trade-Related Intellectual Property Rights (TRIPs) in World Trade Organization (WTO). TRIPs provided for a set of common rules pertaining to the protection of Intellectual Property Rights. India, the signatory of TRIPs agreement, passed several legislations in order to protect Intellectual Property Rights as well as meet the obligations internationally. The Trade Mark Act, 1999, the Copyright Act, 1957 and Patents Act, 1970 are some of the legislations passed as a result of the agreement.

From the time immemorial, the Government of India has put efforts to improve the legislations and provide for provisions in respect to Intellectual Property Rights (IPR). The changing business patterns and evolution of technology and IP has increased the need to build opportunities for the stakeholders. The most recent step taken towards the subject in 2016 was the approval of the National Intellectual Property Rights Policy. This policy is an umbrella which brings together all forms of intellectual property laws and aims to reduce various issues arising in relation to Intellectual Property Rights (IPR). The policy aims to bring about a balance between public interest and development.

The National IPR Policy also aims at reaching out to the public by creating awareness about the economic, social and also cultural advantages of IPRs. Additionally, the purpose of the policy is to strike a a balance between interests of the intellectual property owners and the public at large. This is possible by formulating strong and effective laws. The policy caters the need for teaching, training, research and skills building in the field of Intellectual property rights with an objective to strengthen and expand human resources.

The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) also known as the Indian Patent Office has introduced a comprehensive e-filing system for Patents and Trade Marks. This initiative is taken up in order to tackle the pendency of Patent examination. Through the method of e-filing, patent and trademark certificates will be automatically generated electronically. Consequently, the trademark filings have increased upto 40% in the years 2016-2017 as compared to 2014-15.

The Ministry of Micro, Small and Medium Enterprises (MSME) had started implementing ‘Building Awareness on Intellectual Property Rights (IPRs)” scheme for MSME. This scheme focused on enhancing awareness of MSME’s about IPR so that they can take appropriate measures of safe guarding their intellectual property. About thirty-one Intellectual Property Facilitation Centres have been set up under this scheme.

It is often said that absence of transparency creates insecurity in the mind. Therefore, transparency is introduced by providing information on web-based utilities which is freely accessible by the public. Furthermore, the grievances can be directed towards the Indian Patent Office, Government of India Portal and also its Twitter handle. The active response by Cell for IPR Promotion and Management (CIPAM) – professional body under the agency of the Department of Industrial Policy & Promotion (DIPP) Ministry of Commerce & Industry allows easy interaction with the stakeholders.

Trade Mark Rules, 2002 were amended and are called as the Trade Mark Rules, 2017. These rules were introduced with 8 consolidated application forms which were earlier 74 separate forms. Trade Mark application fees are reduced by 10% for e-filing so that e-filing can be preferred over physical filing. Applications for trade mark of sound marks can be submitted under the new rules. For submission, the sound track should be in MP3 format and not more than 30 seconds long.

To build the understanding of IPR, the Government of India through the National IPR Policy has included IPR in NCERT curriculum of Commerce for the students of class XII. Moreover, a chapter on ‘IPR, Innovation & Creative Works’ is added in NCERT’s “Handbook on Entrepreneurship for Northeast Region.”[1]

Intellectual Property Right Awareness Campaign uses presentations and creative posters to create awareness amongst the school children. These campaigns spread knowledge about the basics of IPR and the need for IPR. The awareness program was started in collaboration with the International Trademark Association (INTA) and has reached about 49 schools till date.

Under the guidance of the Ministry of Home Affairs, IPR was incorporated as a subject in the training curriculum of all State Police Academies for regular and in service police officers. In August 2017, CIPAM had organized a three day “National Workshop on Enforcement of Intellectual Property Rights” for state police officials, public prosecutors and delegates from the industry.  

In a nutshell, the Government has taken various steps to strengthen and develop laws, rules and regulations associated with the Intellectual Property Rights. ‘Make in India’ is one of the initiatives which has led to growth of the IP industry. The statistics from the Department of Industrial Policy and Promotion (DIPP) reflect the growth in registration of trademarks, copyrights and patent. Earlier, it took six years to grant patents but now it has been reduced to 2 to 3 years. Intellectual property industry heavily contributes to the economy of the country. India as an innovation economy has information and communication technology, intellectual property, skilled workforce and government support which will boost the development of the country. Thus, IP plays a very important role in generating profit for its holders/owners if the intellectual property is registers and further used by other business with the former’s permission.

REFERENCES

1.       “Who Gains From The Midi Governments Intellectual Property Rights Policy.” The Wire, thewire.in/economy/who-gains-from-the-modi-governments-intellectual-property-rights-policy, 2016. Accessed 4 August 2020.

2.       “India Sees Huge Surge In Intellectual Property Rights Application.” Business Today, www.businesstoday.in/buzztop/buzztop-feature/india-sees-huge-surge-in-intellectual-property-rights-applications/story/280092.html, 2018. Accessed 4 August 2020.

3.       “Parliament Of India: Lok Sabha.” loksabhaph.nic.in/Questions/QResult15.aspx?qref=28046&lsno=16, 2015. Accessed 4 August 2020.

4.       “Parliament Of India: Lok Sabha.” loksabhaph.nic.in/Questions/QResult15.aspx?qref=51399&lsno=16, 2017. Accessed 4 August 2020.

5.       “What Is Intellectual Property?.” WIPO: World Intellectual Property, www.wipo.int/about-ip/en/. Accessed 3 August 2020.

6.       “Modernization And Strengthening Of Intellectual Office.” Department Of Promotion Of Industry And Internal Trade, dipp.gov.in/programmes-and-schemes/intellectual-property-rights/modernisation-and-strengthening-intellectual-property-office-msipo. Accessed 4 August 2020.

7.       “All You Need to Know about the IPR Laws in India.” iPleaders, blog.ipleaders.in/need-know-ipr-laws-india/, 2017. Accessed 4 August 2020.

8.       “Intellectual Property Rights Regime In India- Initiatives By government.” IPRment Law, iprmentlaw.com/wp-content/uploads/2018/01/IPR-Regime-In-India-Government-Initiatives.pdf, 2018. Accessed 4 August 2020.

9.       “National IPR Policy.” Department For Promotion Of Industry And Internal Trade, dipp.gov.in/policies-rules-and-acts/policies/national-ipr-policy. Accessed 4 August 2020.

10.    “National IPR Policy.” Press Information Bureau, pib.gov.in/PressReleaseIframePage.aspx?PRID=1557418, 2018. Accessed 4 August 2020.

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