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1. Consider the following statements regarding Intellectual Property Rights (IPR) in India.
1. India’s IPR regime is in compliance with the WTO’s agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
2. CIPAM setup under the aegis of DIPP is to be the single point of reference for implementation of the objectives of the National IPR Policy.
3. The Indian Patent Act allows evergreening of patents.
Which of the statement(s) given above is/are correct?
(a) 1 and 2 only
(b) 2 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
2. Which of the following organisation is released National Health Profile annually?
(a) Central Bureau of Health Intelligence (CBHI)
(b) Ministry of Health and Family Welfare
(c) Indian Council of Medical Research
(d) All India Institute of Medical Sciences, New Delhi
3. Consider the following statements regarding the Registration of Political Parties in India.
1. Section 29A of the Representation of the People Act, 1951 is governed the registration of political parties.
2. After recognition as a national party or state party, it will remain as such till the dissolution of that party.
Which of the statement(s) given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
4. Consider the following statements regarding the World Meteorological Organization (WMO).
1. WMO is a specialised agency of the UN for meteorology, operational hydrology and related geophysical sciences.
2. Headquarter of WMO is situated in Geneva.
3. WMO has recently published the State of the Global Climate Statement.
Which of the statement(s) given above is/are correct?
(a) 2 and 3 only
(b) 1 and 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
5. The term COVID-19 seen in the news recently, which of the following statement is correct regarding this?
(a) It is a newly developed Coronavirus vaccine.
(b) It is a newly launched mission to study comets.
(c) It is new species of bat which is responsible for spread of Coronavirus.
(d) It is an official name of new Coronavirus disease.
1.Answer-a
Explanation
India and IPR
India is a member of the WTO and committed to the TRIPS Agreement. India is also a member of World Intellectual Property Organization, a body responsible for the promotion of the protection of intellectual property rights throughout the world. India is also a member of the following important WIPO-administered International Treaties and Conventions relating to IPRs.
National IPR Policy
The National Intellectual Property Rights (IPR) Policy 2016 was adopted in May 2016 as a vision document to guide future development of IPRs in the country.
Its clarion call is “Creative India; Innovative India”.
It encompasses and brings to a single platform all IPRs, taking into account all inter-linkages and thus aims to create and exploit synergies between all forms of intellectual property (IP), concerned statutes and agencies.
It sets in place an institutional mechanism for implementation, monitoring and review. It aims to incorporate and adapt global best practices to the Indian scenario.
Department of Industrial Policy & Promotion (DIPP), Ministry of Commerce, Government of India, has been appointed as the nodal department to coordinate, guide and oversee the implementation and future development of IPRs in India.
The ‘Cell for IPR Promotion & Management (CIPAM)’, setup under the aegis of DIPP, is to be the single point of reference for implementation of the objectives of the National IPR Policy.
Objectives
IPR Awareness: Outreach and Promotion
Generation of IPRs
Legal and Legislative Framework
Administration and Management Commercialization of IPRs
Enforcement and Adjudication
Human Capital Development
Achievements under new IPR policy
Improvement in Global Innovation Index (GII) Ranking
Strengthening of institutional mechanism
Clearing Backlog/ Reducing Pendency in IP applications
Increase in Patent and trademark Filings
IP Process Re-engineering Patent Rules, 2003 have been amended to streamline processes and make them more users friendly. Revamped Trade Marks Rules have been notified in 2017.
Creating IPR Awareness
Technology and Innovation Support Centres (TISCs)
Issues in India’s IPR regime
Section 3(d) of the Indian Patent Act 1970 (as amended in 2005) does not allow patent to be granted to inventions involving new forms of a known substance unless it differs significantly in properties with regard to efficacy. This means that the Indian Patent Act does not allow evergreening of patents. This has been a cause of concern to the pharma companies. Section 3(d) was instrumental in the Indian Patent Office (IPO) rejecting the patent for Novartis’ drug Glivec (imatinib mesylate).
Issue of Compulsory licencing (CL): CL is problematic for foreign investors who bring technology as they are concerned about the misuse of CL to replicate their products. It has been impacting India-EU FTA negotiations. CL is the grant of permission by the government to entities to use, manufacture, import or sell a patented invention without the patent-owner’s consent. Patents Act in India deals with CL. CL is permitted under the WTO’s TRIPS (IPR) Agreement provided conditions such as ‘national emergencies, other circumstances of extreme urgency and anti-competitive practices’ are fulfilled.
India continues to remain on the United States Trade Representative’s (USTR’s) ‘Priority Watch List’ for alleged violations of intellectual property rights (IPR). In its latest Special 301 report released by the United States Trade Representative (USTR), the US termed India as “one of the world’s most challenging major economies” with respect to protection and enforcement of IP.
Data Exclusivity: Foreign investors and MNCs allege that Indian law does not protect against unfair commercial use of test data or other data submitted to the government during the application for market approval of pharmaceutical or agro-chemical products. For this they demand a Data Exclusivity law.
Enforcement of the Copyright act is weak, and piracy of copyrighted materials is widespread.
2.Answer-a
Explanation
CBHI
CBHI compiles the National Health Profile based on the information received from various Ministries/Departments. It was established in 1961 by the Act of Parliament on the recommendation of Mudaliar committee, is the Health Intelligence Wing under Directorate General of Health Services (Dte.GHS), Ministry of Health & Family Welfare (MoHFW). CBHI is headed by Director (SAG level) from Central Health Services cadre with specialization in public health administration.
3.Answer-a
Explanation
The Registration of Political Parties is governed by the provisions of section 29A of the Representation of the People Act, 1951.
A party seeking registration under the said section with the Commission has to submit an application to the Commission within a period of 30 days following the date of its formation in prescribed format with basic particulars about the party such as name, address, membership details of various units, names of office bearers, etc,.
If a political party is treated as a recognised political party in four or more States, it shall be known as a `National Party’ throughout the whole of India, but only so long as that political party continues to fulfill thereafter the conditions for recognition in four or more States on the results of any subsequent general election either to the House of the People or to the Legislative Assembly of any State.
If a political party is treated as a recognised political party in less than four States, it should be known as a `State Party’ in the State or States in which it is so recognised, but only so long as that political party continues to fulfill thereafter the conditions for recognition on the results of any subsequent general election to the House of the People or, as the case may be, to the Legislative Assembly of the State, in the said State or States.
4.Answer-d
Explanation-
The WMO is an intergovernmental organization with a membership of 193 Member States and Territories. It originated from the International Meteorological Organization (IMO), the roots of which were planted at the 1873 Vienna International Meteorological Congress. Established by the ratification of the WMO Convention on 23 March 1950, WMO became the specialised agency of the United Nations for meteorology (weather and climate), operational hydrology and related geophysical sciences a year later. The Secretariat, headquartered in Geneva, is headed by the Secretary-General. Its supreme body is the World Meteorological Congress.
The mission of WMO is to:
Facilitate worldwide cooperation in the establishment of networks of stations for the making of meteorological observations as well as hydrological and other geophysical observations related to meteorology, and to promote the establishment and maintenance of centres charged with the provision of meteorological and related services.
Promote the establishment and maintenance of systems for the rapid exchange of meteorological and related information.
Promote standardization of meteorological and related observations and to ensure the uniform publication of observations and statistics.
Further the application of meteorology to aviation, shipping, water problems, agriculture and other human activities.
Promote activities in operational hydrology and to further close cooperation between Meteorological and Hydrological Services.
Encourage research and training in meteorology and, as appropriate, in related fields, and to assist in coordinating the international aspects of such research and training.
Greenhouse Gas Bulletin and Status of the World Climate are released by WMO.
5.Answer-d
Explanation-
The World Health Organization (WHO) declared an official name for the new coronavirus disease as COVID-19, making sure not to reference Wuhan, the central Chinese city where the virus originated.
COVID-19 stands for Corona Virus Disease 19. It also gives a standard format to use for any future coronavirus outbreaks.
The WHO referenced guidelines set in 2015 that ensure the name does not refer to a geographical location, an animal, an individual or group of people, while still being pronounceable and related to the disease.
People tend to think of the disease as belonging to, as being a characteristic of some group of people associated with the place name, which can be really stigmatizing.
It encourages the next city not to come forward, not to report a disease if your city is labeled as the disease.
The general names are also now avoided as they can stigmatise entire regions or ethnic groups.