National Conference on Intellectual Property Rights and Public Interest
Indian Law Institute organized a conference on intellectual property rights on April 7 and 8 in New Delhi. Maggie Huang took part in the conference.
The Intellectual Property Rights regime was developed to protect the interest of producers of knowledge. It was aimed at rewarding creativity and inventiveness. It was also claimed by many that the nature of intellectual property was that of a ‘social contract’, one in which the state agrees to secure and protect the rights of individuals in consideration that the individual will reveal his/her creations. The regime of IPR provides access to important creations or source of knowledge to the public along with incentivising the creator by providing monopoly or more aptly ‘limited monopoly’ rights to commercially exploit their creations. The ‘limited monopoly’ right is for a temporary period and after the expiration of the temporary period, it falls into the public domain. The interesting part of the IPR regime is that the creator in exchange of the exclusive rights shares the knowledge or know how behind the creation of the work which the public could freely use to develop further innovations after the ‘limited monopoly’ term is over. The ‘limited’ prefixed to the monopoly word triggers the controversy, with many claiming public interest predominance over private rights and vice-versa. The Novartis v. Union of India case and the more recent The Chancellor, Masters and Scholars of Oxford University v. Rameswari Photocopy Services case has brought this controversy to the fore in India. The new national IP Policy in India in 2016 also touched upon the area by declaring that the main aim of the policy is to push IPRs as a marketable financial asset, promote innovation and entrepreneurship while protecting public interest. In this light, this conference seeks to address the question whether IPR is based on public interest leading to public rights predominance over private rights or knowledge as a form of private property to be protected under IPR regime ergo public rights are nothing but exceptions. The conference aims to realize the IPR model apposite for countries like India.
For conference topics, see here