Legislation UpdatesRules & Regulations

Consequent to Delhi High Court’s Order dated 23-04-2018 in writ petition No. WPC- 5590 of 2015 in the matter of Shamnad Basheer v. UOI, a stakeholder consultation was undertaken in order to streamline the requirements related to submission of statement regarding the working of a patented invention on a commercial scale in India (Form 27).

The Patents (Amendment) Rules, 2020, which came into effect on 19-10-2020, have further streamlined the requirements related to filing of Form 27 and submission of verified English translation of priority documents, which is not in English language.

Important changes with reference to Form-27 and Rule 131(2) are as follows:

  1. Patentee would get flexibility to file a single Form-27 in respect of a single or multiple related patents
  2. Where a patent is granted to two or more persons, such persons may file a joint Form-27
  3. The patentee would be required to provide ‘approximate revenue/value accrued’
  4. Authorized agents would be able to submit Form-27 on behalf of patentees
  5. For filing Form-27, patentees would get six months, instead of current three months, from expiry of financial year
  6. Patentee will not be required to file Form-27 in respect of a part or fraction of the financial year
  7. While on one hand the requirements in Form-27 regarding submission of information by patentees have been eased, it may be noted that Section 146(1) of the Patents Act, 1970 empowers the Controller to seek information from the patentee, as may be deemed appropriate.

Important changes with reference to Rule 21 are as follows:

  1. If the priority document is available in WIPO’s digital library, the applicant would not be required to submit the same in the Indian Patent Office
  2. Applicant would be required to submit verified English translation of a priority document, where the validity of the priority claim is relevant to the determination of whether the invention concerned is patentable or not.

These changes will streamline the requirements related to submission of statement regarding the working of a patented invention on a commercial scale in India (Form 27) and the submission of verified English translation of priority documents.

Read the Rules here: Patent (Amendment) Rules, 2020


Ministry of Commerce & Industry

[Press Release dt. 28-10-2020]

[Source: PIB]

Op EdsOP. ED.Uncategorized

Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.

Article 27, Universal Declaration of Human Rights.[1]

Dampening economies, severe climatic conditions and depleting resources are changing the narrative of survival. As distress calls emerge from various countries, the collective conscience of humanity is being put to test. Domestically, rising woes of a weak economy are gradually taking form of a crises and it is time to contemplate alternate ways to sustainable productivity the benefits of which are accessible by a larger public. While development is imperative its
haphazardness must be contained now more than ever due to its impact on human rights.

What role does Intellectual Property (IP) play, one may wonder. To contextualise, World Intellectual Property Organisation (WIPO) brought forth a rather well-timed announcement on the IP theme of the year 2020 — Innovate for a Green Future [2] stressing the need for collective action. This instantly brings me back to my interpretation[3] of the 11th Global Innovation Index (GII) released in 2018 that was themed Energising the World with Innovations. GII, 2018 studied the importance of green technology and increasing requirement of encouraging innovations along the line.

A key finding in the detailed GII Report was that imbalances in regional innovations continue to hurt economic conditions as well as human development, indicating that innovation, Intellectual Property Right (IPR) and human rights must go hand in hand for a sustained development. This finding raises a pertinent question — whether there exists a relationship between human rights and IPR. Opposing views emerge and I am of the opinion that existence of a relationship between these rights cannot be denied, the trick question is interpretation of its nature i.e. whether it is a positive or negative one. In the next sections, I briefly look at the contentious human rights-IP relationship from the international viewpoint.

Human Rights and IPRs: A Connect-Disconnect

The debate on linkage of human rights and IPR has continually attracted two extreme views — a conflict approach and a coexistence approach. There are a broad range of political, economic, social, practical and philosophical issues that straddle the intersection of human rights and IP. These fascinating and challenging issues are attracting increasing attention from Judges, government officials, attorneys and scholars, whose activities are mapping the contours of a rapidly changing legal landscape.[5]

As quoted at the beginning here, Article 27 of the Universal Declaration of Human Rights (UDHR) enunciates an inherently strong connection between human rights and IPR. Following closely to Article 27, the International Covenant on Economic, Social and Cultural Rights (Icescr), under Article 15(1) further validates rights to take part in cultural life; to enjoy the benefits of scientific progress and its applications and; to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.[6]

Nearing the end of 20th century a critical movement began in the field of IPR when a host of nations made concerted demands for access to medicines, access to knowledge and protection of cultural and traditional knowledge systems thus demanding an IP regime that is respectful of the rights of indigenous communities as well as the diverse developmental levels. Although this idea was not new, it drew little attention until the formal internationalisation of Intellectual Property Rights (IPRs) through the Trade-Related Aspects of Intellectual Property Rights (Trips) agreement. Professor Peter K. Yu in fact suggests a lack of interest from policymakers, scholars and activists that was due in part to the arcane, obscure, complex, and highly technical nature of intellectual property law and policy and in part to the ability of countries to retain substantial policy space for developing their own intellectual property systems[7]. After several negotiations when Trips was finally formalised the global outlook towards IPR underwent a massive transformation however developing and less-developed countries remained belligerent on the potential conflicts of the agreement vis-à-vis realisation of economic, social and cultural rights. Later, the World Trade Organisation (WTO) emphasised the flexibilities built into the Trips agreement and other international trade agreements in order to boost the potential coexistence of human rights and IPR.

The debate on the two rights’ systems was advanced by the Committee on Economic, Social and Cultural Rights (Cescr) in 2006 through General Comment No. 17[8]. The comment provided authoritative interpretation of Article 15(1)(c) of the Icescr making clear that not all attributes of IPRs have human rights status[9]. To summarise, the comment differentiated between the two rights by linking human rights as safeguarding the personal link between authors and their creations and between communities and their collective cultural heritage whereas linking intellectual property regimes primarily to protection of business and corporate interests and investments. It further clarified that the scope of protection of the moral and material interests of the author provided for by Article 15(1)(c) does not necessarily coincide with what is referred to as IPR under national legislation or international agreements.

Coming back to the Trips agreement, the impact it has made is considered far-reaching than that of pre-existing international legal instruments. Taking stock of the post-Trips era, it is observed that some key elements of IP regime like subject-matter and scope of protection have expanded rapidly in treaties and in national laws — including the laws of developing countries in response to new online information technologies, the Trips and the adoption of maximalist IP protection standards and robust enforcement mechanisms in plurilateral, regional and bilateral “Trips Plus” treaties[10]. In the same timeline for assessing the trajectory of human rights regime, the changes include increased attention to indigenous peoples’ rights and traditional knowledge; the adverse consequences of expansive IP protection rules for economic, social and cultural rights; a growing awareness of the human rights responsibilities of multinational corporations; and attempts by those same corporations to invoke the human right of property as an alternative legal basis for protecting intangible knowledge assets[11].

Constantly changing global dynamics keep the debate between human rights and IPR alive. A persisting challenge in this environment is to strike the right balance between human rights and IPR. Often it is not easy to see how specific intellectual property norms interact with provisions of human rights instruments that are usually drafted in broader language[12]. Moreover, this challenge gets even bigger when there is not a one stop solution for all nations to abide given the differing rates of development.

Re-approaching the Discussion on Human Rights and IPRs

A considerable volume of literature subsists on the complex framework of human rights and IPR, however it is the need of the hour to reignite the discussion on how these rights fit together. A continued debate in resolving a complex inter-relationship between the two rights may generate solutions having a far-reaching impact on the growing concerns of sustainable development for all. I take cue from Professor Yu’s scholarly work to understand some global advancements that justify revisiting the human rights-IPR relationship[13].

First, the tendency of like-minded countries, mostly the developed ones coming together to set a higher benchmark through plurilateral agreements like the highly controversial Anti-Counterfeiting Trade Agreement (ACTA) or Trans-Pacific Partnership (TPP). For negotiations on ACTA no more than four per cent of the world’s developing countries were involved which raises questions on the genuity of stronger nations[14]. TPP contained controversial new protections for prescription drugs, including a new class of medications known as biologics[15]. It is pertinent to note during the Trips negotiations, developing nations voiced significant apprehensions on issues like transfer of technology, bio-piracy and reduction of traditional or indigenous communities’ control over their pool of genetic, natural and cultural resources and restrictions on access to medicines as a serious impediment to enjoyment of the right to health.

Second, the possibility that current enforcement measures run a risk of turning obsolete due to rapid development of disruptive technology alongside sophisticated networks of piracy and counterfeiting which in turn threatens human rights in many cases. For example, a producer’s lost opportunity of earning premium over his product registered as a geographical indication in India sold over the internet without his knowledge. How does the producer enforce his rights on cross-border online infringement? Must he lose out on his right to protect economic, creative and cultural aspects residing in his IP owing information asymmetry arising from an online platform where the consumer is unaware of the product origin and rights in it.

Third, a larger group of individuals are collectively participating in creative communities producing “user-generated content”, a term that has stormed the world of IP in recent times meaning thereby that the ability to create in today’s digitally advanced world is no longer limited to a specific class of intellectual workers or creative labourers. The growing community of creative individuals means the human rights to benefit from creations are getting more universal in nature.

Looking at the above reasons, we can safely deduce the gravity of issues like digital advancements and their broad implications (not necessarily deleterious). It is also safe to say the re-examination of the inter-relationship between intellectual property and human rights is justified. Research in this area can prove beneficial for necessary collective actions at the international platform.

Conclusion

Do human rights connect with the entirety of IPR? Are certain IPR attributes immune from the human rights purview? While analysing the inter-connection, which rights should be considered from the giant structure of human rights? The answers to these questions inevitably depend on one’s
worldview, basic assumptions,  ideological values and philosophical dispositions[16].

Challenging as it is but this relationship between human rights and IP rights needs renewed and collective attention. After thorough assessment of drastic changes threatening sustenance of several habitats around the globe, nations might want to explore the possibility of human rights framework existing within the contours of intellectual property regime in order to encourage innovations and creations towards a green globe that reach out to humanity as a whole. While individual goals and benefits matter it is certainly time to think of collective and sustainable development.


*Hetvi Trivedi is Research Associate, GNLU-GUJCOST Research Centre of Excellence in IP Laws, Policies & Practices, Gujarat National Law University and can be contacted at htrivedi@gnlu.ac.in.

[1] Universal Declaration of Human Rights, 10-12-1948

[2] World Intellectual Property Day — 26-4- 2020 Innovate for a Green Future, World Intellectual Property Organisation, available at <https://www.wipo.int/ip-outreach/en/ipday/>.

[3] Hetvi Trivedi, Moving Towards Better Integration of Energy Innovation and Intellectual Property, (2018) PL (IPR) September 89, available at <https://blog.scconline.com/post/category/experts_corner/gujcost-gnlu/>.

[4] Laurence R. Helfer, Mapping the Interface Between Human Rights and Intellectual Property, Research Handbook on Human Rights and Intellectual Property, Ed. Christophe Geiger, Edward Elgar (2015) 6-15, 6.

[5] Ibid

[6] International Covenant on Economic, Social and Cultural Rights, 16-12-1966.

[7] Peter K. Yu, Intellectual Property and Human Rights in the Non-Multilateral Era, 64 Florida Law Review (2012) 1045- 1100, 1049.

[8] UN Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 17: The Right of Everyone to Benefit from the Protection of the Moral and Material Interests Resulting from any Scientific, Literary or Artistic Production of Which He or She is the Author (Art. 15, Para. 1 (c) of the Covenant), 12-1-2006, E/C.12/GC/17, available at <http://docstore.ohchr.org/SelfServices/FilesHandler.ashxenc=4slQ6QSmlBEDzFEovLCuW1a0Szab0oXTdImnsJZZVQcMZjyZlUmZS43h49u0CNAuJIjwgfzCL8JQ1SHYTZH6jsZteqZOpBtECZh96hyNh%2F%2FHW6g3fYyiDXsSgaAmIP%2BP>.

[9] Id, 1.

[10] Supra note 4, at 7.

[11] Ibid

[12] Catherine Trautmann, Foreward, Research Handbook on Human Rights and Intellectual Property, Ed. Christophe Geiger, (Edward Elgar 2015) xii-xxiv, xii.

[13] Supra note 7, at 1055

[14] Supra note 7, at 1056

[15] James McBride, Andrew Chatzky, What is the Trans-Pacific Partnership?, Council on Foreign Relations, available at <https://www.cfr.org/backgrounder/what-trans-pacific-partnership-tpp>

[16] Supra note 7 at, 1100

Op EdsOP. ED.

1. Intellectual Property Rights is an acronym that hardly needs to be expanded nowadays. Everyone, who matters in scientific circles, is talking about intellectual property rights, and the importance of protecting scientific discoveries, with commercial potential, in a tight maze of patents. Legitimacy of the global intellectual property right system is in question for its inability to generate symmetrical opportunities for traditional knowledge-holders vis-à-vis the inventors and innovators in the formal sector. The status accorded to traditional knowledge and folklore poses particularly profound moral, legal, social and political problems. Such knowledge is not limited to definable or articulate sets of knowable elements. Yet, inter-generational equities could be irreversibly impacted internationally depending on the way solutions to appropriate benefits are structured by vesting ownership or use rights in such knowledge because resource availability and resource use would both be impacted.

2. Liberalisation and globalisation have dramatically altered perceptions about science and its practice in India. The unabashed drive to patent and protect every conceivable scientific advance, no matter how incremental, has now reached a ridiculous level in the West. American and multinational companies, never known for moderation and thoughtfulness, when commercial interests are involved, have set out to fence vast areas of science under the guise of protecting intellectual property. Exponential growth of scientific knowledge, increasing demand for new forms of intellectual property protection as well as access to IP related information, increasing dominance of the new knowledge economy over the old ‘brick and mortar’ economy, complexities linked to IP in traditional knowledge, community knowledge and animate objects, will pose a challenge in setting the new 21st century IP agenda. In the context of trade and business, Trade Related Aspects of the Intellectual Property Rights (TRIPS) and the Convention on Bio-diversity (CBD), respectably, required the creation of new economic rights and obligations to complement the IPR system under World Intellectual Property Organisation (WIPO). Matters concerning traditional knowledge, hitherto pursued only in the form of cultural rights or heritage issues at the UN, UNESCO and WIPO are regarded relevant also for development rights for which the United Nations Conference on Trade and Development (UNCTAD) was created and economic rights for which earlier UN-ECOSOC and more recently, WTO have been mandated. Also, there are certain categories of traditional knowledge like traditional medicine which still are subserving the public health objectives under WHO’s Traditional Medicine Strategy for 2002-2005. Moreover, traditional knowledge is valued not because of antiquity but because more of it is transmitted orally, as part of knowledge necessary to sustain lives and livelihoods and it has an economic value which is variable.

HUMAN RIGHTS PROTECTION OF TRADITIONAL KNOWLEDGE

3. Two protective paradigms have been employed to protect traditional knowledge using intellectual property tools. The first protective paradigm seeks to prevent others from using or securing intellectual property rights over traditional knowledge. For example, some communities have created traditional knowledge databases to evidence their traditional knowledge as prior art in order to prevent perceived abuses such as biopiracy. Although traditional knowledge database may pre-empt some from securing rights over traditional knowledge, databases do disclose such traditional knowledge to the public. This becomes a problem since many communities would rather keep such traditional knowledge within their community. Many communities have their own traditional or customary laws that regulate the use of traditional knowledge that may differ substantially from their national system or the international system of intellectual property rights. Disclosure may violate these customs.

4. The second protective paradigm (often called “positive protection”) seeks to secure protective legal rights over traditional knowledge. This is achieved by either using the existing laws or using legislative means to enact new sui generis laws. Some have argued that some countries like the United States may face constitutional problems with granting perpetual rights to these communities. They also raise utilitarian concerns with granting legal rights to traditional knowledge. For instance, some forms of traditional knowledge (such as cures for disease) may be used to help others; and of exclusive rights were granted, some may go upheld. Other concerns deal with the equitable sharing of benefits and resources.

5. Indigenous and local communities have argued that they generally don’t use such incentives to innovate. Their use of knowledge is spiritually and culturally guided. Misappropriation and misuse of this knowledge may violate customary laws that are at the core of their collective and cultural identity. These beliefs are currently protected by a number of constitutional provisions and statutory laws, and are increasingly being recognised as a distinct human right within the United Nations.

Similarly, indigenous and local communities have argued that public claims in their knowledge without their consent amounts to a misappropriation of their identity and heritage, a violation of their fundamental, inalienable and collective human rights.

IPR AND TRADITIONAL MEDICINE

A. THE NEEM CASE

6. A controversy that can be tagged as a first for India and which rose doubts about strict patent system was the granting of patent to a company, namely, W.R. Grace. The company was granted a patent in the US and the European Union, for a formulation that held the active ingredient in the neem plant in the stable storage of azadirachtin, and the same was planned to be used for its pesticidal properties. It was admitted by the applicant regarding how the pesticidal uses of neem were known and he pointed out to the fact that storing azadirachtin for a longer duration is difficult without the use of neem. The US patent granted, covered a limited invention whereby the applicant was only given the exclusive right to use azadirachtin in the particular storage solution described in -the patent.

The grant of the said patent caused an uproar and it was challenged through re-examination and post-grant opposition proceedings before the United States Patent and Trade Mark Office (USPTO) and the European Patent Office (EPO), respectively. Though there was no success at the USPTO, the European Patent Office ruled in favour of the opposition stating the patent granted, lacked in novelty and inventive step.

B. THE ‘JEEVANI’ AND ‘KANI’ TRIBES

7. New experiments are beginning to emerge on benefit-sharing models for indigenous innovation. An example of India is worth sharing. It relates to a medicine which is developed from and based on active ingredients in a plant, Trichopus zeylanicus (Arogyapaacha), found in South-Western part of India. Scientists at the Tropical Botanic Garden and Research Institute (TBGRI) in Kerala learnt of the plant, which is claimed to bolster the immune system and provide the additional energy. The medicine is traditional knowledge used by Kani Tribe. These scientists isolated and tested the ingredient and incorporated it into a compound, which they christened ‘JEEVANI’, the giver of life. The tonic is being manufactured by a major Ayurvedic drug company in Kerala.

C. TURMERIC PATENT

8. Two US based Indians, Suman K. Das and Hari Har P. Cohly were granted a US Patent 5,40,504 on 28.03.1995 on use of turmeric in wound healing. The patent was assigned to University of Mississippi Medical Centre, USA. This patent claimed the administration of an effective amount of turmeric through local and oral route to enhance the wound healing process, a novel finding. Any patent, before it is granted, has to fulfil the basic requirements of novelty, non-obviousness and utility. Thus, if the claims have been covered by the relevant published art, then the patent becomes invalid. CSIR could locate 32 references (some of them being more than 100-year-old and in Sankrit, Urdu and Hindi), which showed that this finding was well-known in India prior to filing of this patent. The formal request for re-examination of the patent was filed by CSIR at USPTO on 28.10.1996. On 20.11.1997, the examiner rejected all the claims once again as being anticipated and obvious. The re-examination certificate was issued on this case on 21.04.1998 bringing the re-examination proceedings to a close.

PROTECTION AND PROMOTION OF TRADITIONAL KNOWLEDGE

A. RE-EXAMINATION OF US PATENT ON BASMATI

9. Rice Tec Inc. had applied for registration of a mark ‘TEXMATI’ before the UK Trademark Registry. It was successfully opposed by Agricultural and Processed Food Exports Authority (APEDA). One of the documents relied upon by Rice Tec as evidence in support of the registration of the said mark was the US Patent 5,663,484 (hereafter referred to as ‘484 patent’) granted by US Patent Office to Rice Tec on 02.09.1997 and this is how this patent became an issue for contest. The said patent covered 20 claims covering not only a novel rice plant but also various rice lines; resulting plants and grains, seed deposit claims, method for selecting a rice plant for breeding and propagation.

10. In the wake of this controversy, the Government of India set up a Task Force under the Chairmanship of Secretary, Ministry of Industrial Development, to examine the possibilities of filing a re-examination request against the above-mentioned US patent. The Task Force, in turn, set up a technical committee comprising primarily the ICAR and CSIR scientists to examine the patent specification in detail and to collect necessary documentary evidence that may be required to file the re-examination request against the US patent. Evidence from IARI Bulletin was used against Claims 1517. Eventually, a request for re-examination of this patent was filed on 28.04.2000. Soon after filing the re-examination request, Rice Tec chose to withdraw 15 claims and the threat of infringement by the export of Basmati grains to US has been averted. Now, with the surrender of all the other broad claims, even the alleged threat to the export of grains of insensitive rice lines from India has been averted.

B. RULINGS RELAVENT TO YOGA

11. In this regard, the applicant registered his copyright interest in the book regarding sequence of asanas with the Copyright Office, and then, in 2002 he filed a supplemental registration i.e. a correction filed when the original registration is incorrect or incomplete. According to the said supplemental registration, the applicant was not only claiming rights in the book itself but also on the sequence of 26 asanas taught in the book. An organisation called Open Source Yoga Unity, which, according to its website, is a non-profit collective to ensure the continued natural unfettered development of Yoga, challenged this supplemental registration and asked the US District Court for the Northern District of California to issue a declaratory judgment saying that the applicant could not have exclusive rights over the sequence of asanas as mentioned in the book. However, the said argument was rejected by the Court in 2005, stating that the sequence might be protectable as a compilation. Later, when a question was put to the Copyright Office for its opinion on the said matter, the agency in June 2012 issued its Policy Statement, which concluded that sequences of yoga asanas or any sequence of exercises or movements, excluding choreography, could not be protected as compilations, as they were not compilations of literary works, musical works, or any of the other kinds of works protected by the copyright law.

Within six months, the Policy Statement formed the basis of another court’s decision, when in December 2012, the US District Court for the Central District of California was faced with another dispute over Bikram Yoga. The dispute started when two yoga instructors in Buffalo, New York completed the certification course from the applicant and were authorised by his organisation to teach the basic Yoga system. They formed their own educational enterprise, Evolation Yoga LLC, and opened a series of yoga schools. The applicant sued Evolation Yoga LLCa lleging copyright infringement, however the court granted summary judgment for Evolation, stating that as a matter of law a sequence of yoga asanas cannot be copyrighted.

C. TRADITIONAL KNOWLEDGE DIGITAL LIBRARY

12. These cases were an eye opener and they triggered the Government of India to create Traditional Knowledge Digital Library (TKDL) and also to include traditional knowledge in the International Patent Clarification System. TKDL is an initiative by India to digitise and document knowledge available in the public domain to facilitate systematic arrangements, dissemination and retrieval of information. While granting patents, authorities check invention to prior art in public domain. Documentation of knowledge will help them trace invention in public domain and help them to know whether it is eligible for patents, thus preventing misappropriation of traditional knowledge.


* Advocate and qualified Chartered Accountant. Author is currently Senior Associate in the Dispute Resolution Practice at L&L Partners Law Offices, New Delhi. Author’s views are personal.

NewsTreaties/Conventions/International Agreements

The Union Cabinet has approved the proposal submitted by Department of Industrial Policy and Promotion, Ministry of Commerce and Industry regarding accession to the WIPO Copyright Treaty and WIPO Performers and Phonograms Treaty which extends coverage of copyright to the internet and digital environment The approval is a step towards the objective laid in the National Intellectual Property Rights (IPR) Policy adopted by the Government, which aims to get value for IPRs through commercialization by providing guidance and support to EPR owners about commercial opportunities of e-commerce through Internet and mobile platforms.

Benefits:

Meeting the demand of the copyright industries, these treaties will help India:

  • To enable creative right-holders enjoy the fruit of their labour, through international copyright system that can be used to secure a return on the investment made in producing and distributing creative works;
  • To facilitate international protection of domestic rights holder by providing them level-playing field in other countries as India already extends protection to foreign works through the International Copyright order and these treaties will enable Indian right holders to get reciprocal protection abroad;
  • To instil confidence and distribute creative works in digital environment with return on investment; and
  • To spur business growth and contribute to the development of a vibrant creative economy and cultural landscape.

Background:

Copyright Act, 1957:

After the administration of Copyright Act 1957 was transferred to DIPP, a study was initiated to examine compatibility of Copyright Act 1957 with WCT and WPPT. Also a joint study was undertaken with WIPO.

The Copyright Act, 1957 was amended in 2012 to bring it in conformity, with WCT and WPPT, includes amendment in definition of “Communication to the public” to make it applicable to digital environment (Section 2(ff)) as also introduced provisions related to Technological • Protection Measures (Section 65A) & Rights Management Information (Section 65B); Moral rights of performers (Section 38B); Exclusive rights of the performers (Section 38A); safe harbour provisions over electronic medium (Section 52 (1) (b) and (c)),

WIPO Copyright Treaty came in force on March 6, 2002 and has been adopted by 96 contracting parties till date and is A Special agreement under Berne Convention (for protection of literary and artistic works). It has provisions to extend the protection of copyrights contained therein to the digital environment. Further it recognises the rights specific to digital environment, of making work available, to address “on-demand” and other interactive modes of access,

WIPO Performances and Phonograms Treaty came in force on May 20, 2002 and has 96 contracting parties as its members. WPPT deals with rights of two kinds of beneficiaries, particularly in digital environment – (i) Performers (actors, singers, musicians etc.) (ii) Producers of Phonograms (Sound recordings). The treaty empowers right owners in theit negotiations with new digital platforms and distributors. It recognizes moral rights of the performers for the first time & provides exclusive economic rights to them.

Both the treaties provide framework for creators and right owners to use technical tools to protect their works and safeguard information about their use i.e. Protection of Technological Protection Measures (TPMs) and Rights Management Information (RMI).

Ministry of Commerce & Industry