Intellectual Property Rights

Australia’s AI Copyright Policy: Balancing Innovation and Creator Rights

Context: Australia’s Attorney-General has rejected a policy proposal from a think tank that sought to grant technology companies unrestricted access to copyrighted material for training Artificial Intelligence (AI) systems. The government instead reaffirmed that technological innovation must not come at the cost of creators’ rights.

image 8

This move places Australia among a small group of nations emphasizing ethical and consent-based AI development, diverging from the U.S. “fair use” approach and China’s “data-first” model.

Australia’s AI Copyright Policy

1. Government’s Stand:
The Australian government maintains that technology should not advance “at the expense of creators.” It argues that unrestricted scraping of copyrighted works by AI models undermines artistic and journalistic integrity, threatening creative industries.

2. Formation of CAIRG:
The Copyright and AI Reference Group (CAIRG) was established to design balanced, rights-based policies. CAIRG comprises representatives from the tech sector, creative industry, academia, and legal bodies. Its mandate is to develop national guidelines for ethical AI training and data use.

3. Proposed Legal Reform:
Australia is considering introducing a mandatory paid licensing framework under the Copyright Act.
This would:

  • Require AI developers to obtain permission before using copyrighted material.
  • Ensure fair compensation and consent for creators.
  • Establish transparency mechanisms for datasets used in AI training.

Comparative Perspective

  • United States: Allows AI developers to use copyrighted material under the “fair use” doctrine, subject to certain limits.
  • European Union: Mandates “opt-out” consent, giving creators the right to restrict their works from AI datasets.
  • China: Promotes open data access for AI under state supervision to accelerate innovation.
    Australia’s approach, by contrast, emphasizes creator consent as a non-negotiable principle.

Significance of the Policy

  • Upholding Creator Rights: Ensures AI development respects intellectual property, in line with UNESCO’s AI Ethics Framework (2021).
  • Human-Centric Innovation: Demonstrates that technological and cultural goals can coexist, reinforcing public trust in AI.
  • Global Leadership: Positions Australia as a thought leader in rights-respecting AI governance, influencing debates in other democracies.
  • Cultural Integrity: Protects artists, writers, and content producers from data exploitation by large tech firms, ensuring sustainable creative economies.

Conclusion

Australia’s AI Copyright Policy exemplifies a human-centric and ethically grounded approach to digital innovation.

By prioritizing consent, compensation, and creator control, the country seeks to balance AI’s transformative potential with fairness and accountability — setting a precedent for democracies striving to regulate artificial intelligence responsibly.

Can a GI tag prevent cultural misappropriation?

Context: Recently, at its Spring/Summer 2026 menswear show in Milan, Italian luxury brand Prada unveiled footwear inspired by India’s Geographical Indication (GI) tagged Kolhapuri chappals, sparking accusations of ‘cultural misappropriation’.

Relevance of the Topic: Prelims: Key facts about the Geographical Indications (GI) tag. 

What is a GI tag? 

  • Geographical Indications of goods refer to the place of origin of a product. 
  • GI tags are a form of Intellectual Property Rights (IPR) that identifies goods as originating from a specific country, region or locality, where their distinctive qualities, characteristics, or reputation are essentially linked to that ‘place of origin’. 
  • Awarded by: Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry. 
  • In India, there are currently 658 registered GI-tagged goods, including Chanderi sarees (Madhya Pradesh), Madhubani painting (Bihar), Pashmina shawls (J&K), Kancheepuram silk (Tamil Nadu), and Darjeeling tea (West Bengal). 

Key features of GI registration: 

  • Unlike trademarks, which are owned by enterprises, GIs are public property belonging to the producers of the concerned goods and cannot be assigned, transmitted or licensed.
  • GI registration is given to an area, not a trader. Once a product gets the registration, traders dealing in the product can apply to sell it with the GI logo. 
  • Any trader’s body, association, or organisation can apply for a GI tag. The applicants need to prove the uniqueness of the item with historical records and a complete breakdown of how the product is made. Authorised traders are each assigned a unique GI number. 
  • Raw materials for such products do not have to come from that region (unless it is an agricultural tag). E.g.,
    • Leaf in Banarasi paan is not grown in Varanasi; it comes from Bihar, West Bengal, or Odisha.
    • Mulberry silk used in Kancheepuram sarees comes from Karnataka and the gold zari from Surat.

Significance of GI tag:

  • GIs serve as a powerful marketing tool, driving rural development, boosting exports, enhancing consumer confidence, and preserving ‘cultural knowledge’ of local communities, farmers and indigenous groups. 

Can an unauthorised trader sell the GI product?

  • Legal protection of GIs stem from international instruments like:
    • Under the Paris Convention for the Protection of Industrial Property (1883) GIs are covered as an element of IPRs.
    • Clearer definition under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, 1995. 
  • India, as a TRIPS signatory, enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999, which came into force in 2003. The Act provides for GI registration, enforcement of rights, prohibition of unauthorised use and penalties for infringement.
  • If any unauthorised trader tries selling the product under that name, they can be prosecuted under the Geographical Indications of Goods (Registration and Protection) Act, 1999. However, GI rights are primarily ‘territorial’ and consequently limited to the country (or region) where protection is granted. At present, no automatic ‘world’ or ‘international’ GI right exists. 

Indian traditional products have time and again suffered exploitation by global corporations. To prevent such cases in the future, one could start by expanding the Traditional Knowledge Digital Library to include wider traditional grassroots expressions. 

Making a ‘searchable database’ would allow brands to conduct due diligence and searches to identify right holder communities for collaboration.

Revamping India’s Intellectual Property Rights Ecosystem

Context: A major revamp of India’s Intellectual Property Rights (IPR) ecosystem is underway. Efforts are being made on all fronts — making the application process smoother, digital infrastructure upgradation, expansion of manpower etc.

Relevance of the Topic: Mains: Intellectual Property Rights in India

What are Intellectual Property Rights?

  • Intellectual property rights (IPRs) are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. 
  • There are various types of IPRs, for E.g., Patent, Trademark, Copyright, Industrial design etc. 
image 158
  • India is a signatory to Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which sets global standards for intellectual property protection. 
  • India has formulated the National IPR Policy 2016 to strengthen the Indian IPR ecosystem including- speeding up registration proceedings and reinforcing enforcement mechanisms and processes for all IP rights. 

Key developments in India’s IPR ecosystem

  • Expansion in Patent filings:
    • The number of applications filed grew from 42,951 in 2013-14 to 92,168 in 2023-24, with 103,057 patents granted.
    • Resident Indians now contribute more to patent filings than multinational corporations. The share of patents filed by residents has more than doubled, from 25.5% in 2013-14 to 56% in 2023-24.
  • Trademarks filings growth:
    • India ranks fourth globally in trademarks filings, behind the US, China, and Russia. The number of trademarks filed has increased from 2 lakh in 2016-17 to 4.8 lakh in 2023-24.
    • Despite the rise in filings, trademark registrations have plateaued, remaining between 2.5 lakh and 3 lakh annually since 2016-17.
  • Global harmonisation efforts: India has signed the Riyadh Design Law Treaty in 2024, focusing on industrial design protection and aligning with global standards.
  • Improved ranking in GII: The positive shifts in India’s IPR ecosystem is reflected in the improvement in the country’s rank in the Global Innovation Index (published by World Intellectual Property Organisation). India has moved up from 66th position in 2016 to 39th position (among 133 global economies) in 2024. 

Issues in India’s IPR regime

  • Outflow exceeds Inflow:
    • India’s current IP ecosystem is weak compared to China and the US. According to data released by the International Monetary Fund, India paid USD 8.63 billion for the use of foreign IPs in 2021, compared to the USD 870 million received by India for its IPs.
    • The number of patent grants is still far below 3,10,245 granted in the US in 2023 and 7,98,347 by China in 2022.
  • Lengthy Patent Examination Process:
    • Lengthy patent examination process in India leads to delays in obtaining patent protection. 
    • This may discourage innovation and investment, particularly for technology-driven industries where rapid development is essential. 
  • Huge Pendency:
    • In India, as of March 2022, around 1.64 lakh applications were pending at the controller level. 
    • Further, the average time taken for disposing of a patent application in China and the US is 20- 21 months, almost one-third of the time taken in India.
  • Manpower limitations: 
    • As of 2023-24, India’s patent office had 956 personnel, compared to China’s 13,704 and the US’s 8,132. This shortage of staff has led to delays in processing applications.
  • Complex Legal Proceedings:
    • Litigation and disputes over patent validity and infringement can take years to resolve, adding to the uncertainty and costs for both patent holders and challengers.
    • The Intellectual Property Appellate Board (IPAB) was abolished in 2016, transferring jurisdiction to adjudicate appeals over patents, trademarks, copyrights, and other Intellectual Property Rights matters to the already overburdened High Courts. 
  • Weak enforcement of IPR laws: 
    • E.g., Despite having a Copyright Act, there is widespread piracy of copyrighted materials. 
    • As a result, India remains on the United States Trade Representative's ‘Priority Watch List’ for alleged violations of IPR. 
  • Lack of Data Exclusivity law in India risks unfair commercial use of test data submitted to the government, during application for market approval of pharma or agro-chemical products.
  • Inadequate private sector investment in R&D:
    • India’s R&D spending is 0.65% of GDP, significantly lower than the US (3.6%), China (2.4%), and Singapore (2.2%). 
    • Private sector R&D spending is only 36% of the total R&D expenditure, in contrast to higher contributions by private institutions in the US & Japan (79% of total R&D expenditure), China (77%), and Singapore (63%).
    • Lack of Industry-acaemia collaboration and inadequate investment in Innovation is one of the reasons for limited commercialisation of patents. 

Measures for strengthening India’s IPR ecosystem:

  • Fixed timelines for various steps and reduced compliance burden for the applicants. 
  • Capacity building of IP enforcement agencies including strengthening of IPR cells in Police. Establishment of a Central Coordination Body on IP Enforcement for enforcement of IP laws to check IP crimes.
  • Establishment of an exclusive apex level institution for IPR development. 
  • Specific legislation to curb counterfeiting and piracy and dedicated benches in High Courts for IP matters.
  • ‘Patent Pending’ status for innovations filed with patent offices that have not been conferred patent.
  • IP audit for assessing IPR potential in specific sectors to formulate targeted IPR programs.
  • Holistic review of National IPR Policy in view of emerging trends of innovation, research and challenges.
  • IP backed financing and promotion of commercialisation of IPRs.
  • Promoting an environment of innovations in academic institutions, increased spending and Industry-Academia partnership for R&D.

Also Read: Riyadh Design Law Treaty  

Riyadh Design Law Treaty 

Context: India has signed the Riyadh Design Law Treaty to foster inclusive growth and strengthen India’s intellectual property (IP) ecosystem. 

Relevance of the Topic: Prelims: Riyadh Design Law Treaty, World Intellectual Property Organisation

About Riyadh Design Law Treaty:

  • The Riyadh Design Law Treaty (DLT) was adopted under the World Intellectual Property Organisation (WIPO). 
  • Aim: To harmonise procedures and simplify registration processes of industrial designs in different countries.
  • Key Features: 
    • The DLT introduces a standardised framework for design registration, reducing complexity and administrative burdens for applicants. 
    • Applicants can file multiple designs in a single application, saving time and costs.
    • It provides a mechanism to restore rights in case of lapses, ensuring that applicants can recover lost opportunities. Provisions have been added to make it easier to correct or add priority claims.
    • It encourages countries to adopt electronic systems for design registration and facilitate the digital exchange of priority documents, reducing cost and time for startups.
Riyadh Design Law Treaty 

About World Intellectual Property Organisation: 

  • The World Intellectual Property Organisation (WIPO) is the United Nations Agency.
  • WIPO was created to:
    • develop an international intellectual property (IP) system that encourages innovation and creativity.
    • promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organisations and resolve disputes. 
  • Established in 1967.
  • Membership: 193 member states. 
  • Headquarters: Geneva, Switzerland.

What are Intellectual Property Rights?

  • Intellectual property rights (IPRs) are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time. 
  • There are various types of IPRs, for E.g., Patent, Trademark, Copyright, Industrial design etc. 
What are Intellectual Property Rights?
  • India is a signatory to Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which sets global standards for intellectual property protection. 
  • India has formulated the National IPR Policy 2016 to strengthen the Indian IPR ecosystem including- speeding up registration proceedings and reinforcing enforcement mechanisms and processes for all IP rights. 

Indian Designs Act, 2000: 

  • Industrial design is a specific IPR which protects the aesthetic or outward appearance of a product such as its unique shape, pattern and colour combinations. Some examples of industrial design include:
    • Unique shape of an iPhone
    • Shape of a Coca-Cola bottle
    • Outward appearance of a Volkswagen Beetle. 
  • India provides legal protection for industrial designs under the Designs Act, 2000 and the associated Designs Rules, 2001.
    • The registered design is protected for the period of 10 years from the date of registration of the design, which can be further renewed to 5 more years. 

What can India gain from Riyadh DLT?

  • Streamlined procedures: 
    • Simplified applications procedures for filings licenses and recording changes in design licences.
    • Single application and submitting a limited number of documents as per international best practices to the IPR office.

This will make it easier, faster, and more affordable for designers to protect their work internationally.

  • Flexibility in Compliance: The DLT allows applicants to request a deferment of the publication of their designs by the IP Office and provides a grace period that enables applicants to seek design protection even after their designs have been publicly disclosed.
    • Deferment allows the designers to delay the public disclosure of their design for a specific period (keep the design confidential until they are ready to launch the product in the market). 
    • The Indian Design treaty presently does not offer a deferment of publication, and the grace period available under our law is also limited in scope. 

Linking India’s existing Intellectual property rights (IPR) initiatives with the Design Law Treaty will amplify India’s IP capacity and boost its competitiveness. 

Recommendations of EAC-PM Working Paper:

India should sign- 

  • Geneva Act of the Hague Agreement on Industrial Designs 1999:
    • The Hague Agreement allows for a single international application for design protection in multiple countries. 
    • In absence of this agreement, Indian designers have to file separate applications in each country, which is time-consuming and costly. 
  • Strasbourg Agreement Concerning the International Patent Classification 1971
  • Geneva Act of the Lisbon Agreement on Geographical Indications 2015. 

Conclusion: An industrial design framework at par with global standards is a prerequisite for India which seeks to become a manufacturing hub for the world. Signing the DLT and the other major IPR treaties to align with the international best practices will send the right signals to domestic and foreign entrepreneurs about India’s commitment as a protector of IPR and showcasing itself as an IPR-savvy destination.

About World Intellectual Property Organisation: 

  • The World Intellectual Property Organisation (WIPO) is the United Nations Agency.
  • WIPO was created to:
    • develop an international intellectual property (IP) system that encourages innovation and creativity.
    • promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organisations and resolve disputes. 
  • Established in 1967.
  • Membership: 193 member states. 
  • Headquarters: Geneva, Switzerland

What is Cybersquatting? JioHotstar domain controversy

Context: An app developer from Delhi has created a ripple on social media after he registered the JioHotstar domain before the recently announced merger between JioCinema and Disney+Hotstar. The developer attempted to sell the domain to Reliance Industries in exchange for them funding his education abroad. However, his actions invite a potential legal action against him from Reliance industries under cybersquatting. 

What is cybersquatting?

Cybersquatting is a practice where the perpetrator buys or registers a domain name that is identical to a brand (recognisable trademark), company name, or personal name in order to profit from them. 

Cybersquatting is a form of cybercrime because of the bad faith intent of the squatter. Due to its nature, domain squatting can be considered a form of trademark infringement. 

Types of cybersquatting:

image 24
Image source: Wallarm
  • Typosquatting: Typosquatting (a.k.a URL hijacking) targets Internet users who enter a website address incorrectly into their browser. It is the practice of profiting from possible typing errors, for example, typing “Raddif.com” instead of “Reddif.com.”
  • Identity Theft: Identity theft describes crimes where someone unlawfully obtains and uses another individual’s private data to involve deception or fraud, usually for financial gain. For example, cybersquatters may buy a domain that was inadvertently not renewed by the previous owner. 
    • Cybersquatters purchase the expired domain and create clone websites of the previous domain owners. 
    • Unsuspecting website visitors are deceived into trusting these fake websites, falsely believing they are accessing the original owner's site. This may lead to potential fraud to the user or to the original company.
  • Name Jacking: Namejacking involves registration of a domain name associated with names of notable individuals (usually celebrities) to create fake websites or social media profiles. Name jackers profit from web traffic related to the individuals being targeted. 
  • Reverse Cybersquatting: Reverse cybersquatting occurs when a trademark owner falsely accuses a domain name's rightful owner of cybersquatting. This tactic aims to intimidate legit domain owners, especially smaller organisations or individuals, to transfer their legitimate ownership of a domain name to avoid legal costs. This practice is often employed by large corporations.

Laws related to cybersquatting in India: 

There is no separate/exclusive law to deal with the cases of cybersquatting in India. The cases are dealt under the Trademarks Act, 1999 and the Information Technology Act, 2000. 

  • Remedy of infringement: Under the Trademarks Act of 1999, the remedy of infringement is available to the owner of the trademark, only when the trademark is registered. (In the case above, Jio is a registered trademark of Reliance Industries). The aggrieved party may file a lawsuit in an Indian court on the ground of trademark infringement and assert their rights.
  • Dispute resolution under Uniform Dispute Resolution Policy (UDRP):
    • In India, domain disputes like cybersquatting can also be resolved through the Uniform Domain-Name Dispute-Resolution Policy (UDRP) arbitration, managed by World Intellectual Property Organization (WIPO). (India is a member of WIPO)
    • Indian individuals or businesses can file a UDRP complaint, if a domain name is similar to a trademark in which the complainant holds rights. The UDRP arbitration process provides quick, cost-effective dispute resolution without needing court intervention. 
    • If the complainant can prove bad faith registration and usage of the domain, the domain name can be transferred to them. However, either party, if unsatisfied, has the right to challenge the outcome of UDRP arbitration in an Indian Court.
  • Remedy under Information Technology Act, 2000 and Indian Penal Code of 1860:
    • Section 66 of the Information Technology Act, 2000: Section 66 addresses dishonest or fraudulent activities involving computer systems. It penalises anyone who commits any act referred to in Section 43 (e.g., unauthorised access, data damage) dishonestly or fraudulently. Penalties include imprisonment for a term up to three years, a fine up to five lakh rupees, or both.
    • Forgery under Section 469 of the IPC: A person found forging with the intent to harm the reputation of any party, or knowing that the document forged will be used for that purpose, shall be punished with imprisonment of either description for a term that may extend to three years, as well as a fine.

US puts India back on IPR Priority Watch List

Context: The US has placed India on the ‘priority watch list’ of the US Trade Representative. The annual Special 301 Report states that India remains one of the world’s most challenging major economies with respect to protection and enforcement of intellectual property rights.

Relevance of the topic:

Prelims: Special 301 Report of United States Trade Representative.

Mains: Issues related to IPR Protection in India. 

Special 301 Report of United States Trade Representative

  • Each year, the Office of the United States Trade Representative (USTR) conducts a review to identify countries that:
    • deny adequate and effective protection of intellectual property (IP) rights.
    • deny fair and equitable market access to the U.S.  
  • Based on this review, USTR, identifies countries as Priority Foreign Countries or places them on the Priority Watch List. 
    • Priority Foreign Countries: Countries whose acts, policies, or practices have the greatest adverse impact (actual or potential) on relevant U.S. products.
    • Priority Watch List indicates that problems exist in that country with respect to IP protection, enforcement, or market access for U.S. persons relying on IP. 

Reasons for placing India on the Priority Watch List

  • High customs duties directed to IP-intensive products such as information and communications technology (ICT) products, solar energy equipment, medical devices, pharmaceuticals, and capital goods. This is viewed as denying fair and equitable market access to the US.  
  • Delay in granting patents: Lengthy patent examination process in India can lead to long waiting periods to receive patent grants and have excessive reporting requirements. This discourages innovation and investment, particularly for technology-driven industries. 
  • Weak enforcement of IPR: Despite having a Copyright Act, there is widespread piracy of copyrighted materials. Stakeholders have reported continuing problems with unauthorised file sharing of video games, signal theft by cable operators, commercial-scale photocopying and unauthorised reprints of academic books, and circumvention of technological protection measures etc.
  • Threat of patent revocations and the procedural and discretionary invocation of patentability criteria under the Indian Patents Act impact companies across different sectors. 
  • Insufficient legal means to protect Trade Secrets in India. 

Other Issues highlighted by the US

  • Compulsory Licensing: 
    • Provision under the Indian Patent Act, 1970, that allows the government to grant licenses to third parties to produce, use, or sell a patented invention without the consent of the patent holder. E.g., In 2012, India granted its first compulsory license to Natco Pharma to produce a generic version of a cancer drug, Sorafenib, which was patented by Bayer. The decision aimed to increase access and affordability to the cancer drug in the country.  
    • However, compulsory licensing is viewed by the US and other countries as against the interest of their companies. 
  • Evergreening of Patents:
    • Section 3(d) of the Patents Act, 1970 states that the mere discovery of a new form of a known substance that does not result in increased efficacy or the use of a known process with insignificant changes, may not be considered patentable. It aims to ensure that patents are granted only for genuinely innovative and significant inventions.
    • However, determining whether a modification or improvement qualifies as a substantial enhancement of efficacy can be subjective and prone to legal disputes. 

While steps to improve IP Office operations and procedures have shown some progress, India’s overall IP enforcement remains inadequate. 

Also Read: Revamping India’s Intellectual Property Rights Ecosystem

Low Glycaemic Index and Glycaemic Load Diets

Context: A recent study published in The Lancet Diabetes and Endocrinology provides strong evidence linking high glycaemic index (GI) and glycaemic load (GL) diets to an increased risk of type 2 diabetes. The study, conducted across five continents, suggests that consuming low GI and GL diets may help prevent diabetes, especially among individuals with a higher BMI. The findings highlight the importance of nutritious food choices in diabetes prevention.

Glycaemic Index (GI)

  • GI is a measure of how quickly a food can raise blood sugar levels. It ranks carbohydrate-containing foods on a scale from 0 to 100 based on their effect on blood glucose levels after consumption.
  • Factors influencing GI: The GI of a food depends on several factors, such as the type of carbohydrate, the amount of fiber, and the processing and cooking methods used.
  • A recent study published in The Lancet Diabetes and Endocrinology showed a clear link between high GI and diabetes, particularly among individuals with a higher Body Mass Index (BMI).

Glycaemic Load (GL)

  • GL is a measure that takes into account both the GI of a food and the amount of carbohydrates in a serving. It is calculated by multiplying the GI of a food by the amount of carbohydrates in a serving and then dividing by 100.
  • GL provides the impact of carbohydrates on blood sugar levels, which help inform dietary guidelines and public health interventions. 
  • It is particularly useful for diabetics as it can provide a more accurate idea of how much a food will affect blood sugar levels compared to GI.
  • Comparison with GI: While GI focuses on the quality of carbohydrates, GL considers both the quality and quantity of carbohydrates consumed. GL may be a better predictor of blood sugar response than GI alone.

Type 2 Diabetes

  • Type 2 diabetes is a chronic metabolic disorder characterized by high blood sugar levels, insulin resistance, and relative lack of insulin. It is often associated with obesity and a sedentary lifestyle.
  • Type 2 diabetes is a major public health concern in India, with an estimated 11.4% of the country's population - living with diabetes. 
  • Additionally, 15.3% of the people - could be living with pre-diabetes. 
  • The prevalence of Type 2 diabetes in the 20s and 30s has dramatically increased in the last two decades, particularly in India.
  • Uncontrolled type 2 diabetes can lead to serious complications, such as cardiovascular disease, kidney damage, nerve damage, and vision problems, highlighting the importance of early detection and proper management.

Key Findings of the Study

  • High GI and GL diets are associated with a higher risk of type 2 diabetes.
    • The international study, published in The Lancet Diabetes and Endocrinology, found a clear link between high GI and diabetes across five continents, involving 1,27,594 adults aged 35-70 years without known diabetes.
    • Participants in the highest quintile of GL had a higher risk of incident type 2 diabetes compared to those in the lowest quintile, suggesting that both the quality and quantity of carbohydrates play a role in diabetes risk.
  • GI's association with diabetes is stronger among individuals with a higher Body Mass Index (BMI).
    • The study found that the association between GI and diabetes was more pronounced in individuals with a higher BMI, highlighting the importance of considering individual factors when assessing the impact of GI on diabetes risk.
    • This finding suggests that people with a higher BMI may be more sensitive to the effects of high GI foods on blood sugar levels and diabetes risk.

Implications for Public Health and Policy

  • Promoting low GI and GL diets could be an effective strategy for preventing type 2 diabetes.
    • The study's findings support the idea that consuming low GI and GL diets might help prevent the development of type 2 diabetes, especially in high-risk individuals.
    • Examples of low GI foods include fruits, grains, lentils, non-starchy vegetables, legumes, dairy, and brown rice, while high GI foods to avoid include sugar, sugary drinks, white polished rice, potatoes, and white bread.
  • Targeted interventions for high-risk groups could help reduce the burden of diabetes.
    • The study suggests that better and more nutritious food choices can help delay the onset of diabetes in high-risk groups, such as those with high BMI and a family history of diabetes.
    • Public health policies and interventions could focus on promoting healthy eating habits and increasing access to low GI and GL foods, particularly in communities with a high prevalence of obesity and diabetes.
  • Integration of GI and GL into dietary guidelines and nutrition labeling.
    • The findings of the study support the inclusion of GI and GL information in dietary guidelines and nutrition labeling to help consumers make informed food choices.
    • Governments and public health agencies could consider mandating the inclusion of GI and GL values on food labels, similar to the existing requirements for calories, fat, and sugar content.

Relevance to the Indian Context

  • High burden of type 2 diabetes in India.
    • India has the second-highest number of people with diabetes in the world.
    • The Indian Council of Medical Research (ICMR) has projected that the number of people with diabetes in India will reach 134.2 million by 2045, highlighting the urgent need for effective prevention and management strategies.
  • Potential impact of promoting low GI and GL diets in India.
    • Given the high prevalence of diabetes and the increasing trend of obesity in India, promoting low GI and GL diets could be an important strategy for reducing the burden of type 2 diabetes in the country.
    • Studies have shown that traditional Indian diets, which often include high GI foods like white rice and refined grains, may contribute to the high rates of diabetes in the population
    • Encouraging the consumption of low GI foods, such as whole grains, legumes, and vegetables, could help improve blood sugar control and reduce the risk of diabetes in the Indian population.
  • Challenges and opportunities for implementing GI and GL-based interventions in India.
    • Implementing GI and GL-based interventions in India may face challenges, such as limited awareness about the concept among the general population and healthcare providers, and the need for culturally appropriate dietary modifications.
    • However, there are opportunities for integrating GI and GL into existing public health programs, such as the National Programme for Prevention and Control of Cancer, Diabetes, Cardiovascular Diseases and Stroke (NPCDCS), and the Mid-Day Meal Scheme for school children, which has been renamed as Pradhan Mantri Poshan Shakti Nirman Yojana (PM-POSHAN).
    • Collaboration between government agencies, healthcare professionals, and community organizations could help promote the adoption of low GI and GL diets and improve diabetes prevention and management efforts in India.

There is urgent need for effective strategies to prevent and manage type 2 diabetes in the country. Promoting low GI and GL diets, targeting high-risk groups, integrating GI and GL into dietary guidelines and public health programs, and fostering collaboration among stakeholders could play a crucial role in reducing the burden of diabetes in India. 

As the prevalence of diabetes continues to rise, it is essential for policymakers, healthcare professionals, and the public to prioritize the adoption of healthy dietary patterns and lifestyle modifications to combat this growing public health challenge.

Cuttack Rupa Tarakasi, Banglar muslin get GI tag

Context: Recently, the Geographical Indications Registry in Chennai, Tamil Nadu has given the Geographical Indication (GI) tags to a number of products from various states. 

Rupa Tarakasi (Silver Filigree), Cuttack, Odisha

image 15
  • Filigree has been traditionally associated with fine craftsmanship and luxurious design in classical jewellery.
  • Archaeological evidence suggests that filigree was incorporated into jewellery as early as 3500 BCE in Mesopotamia (historical region of West Asia in present day Iran) where it is practiced even today as Telkari work.
  • As per the historians, Tarakasi work reached Cuttack from Persia through Indonesia some 500 years ago by sea trade. This is based on the evidence that similar workmanship is seen in both Cuttack and Indonesia.
  • In this work of craft, silver bricks are transformed into thin fine wires (tara) or foils, from which silver filigree is made with all designs (kasi).
  • The filigree artists are called ‘Roupyakaras’. For Tarakasi, silversmiths use an alloy of 90% or more pure silver.
  • The jewellery worn in Odissi, one of the classical dances of India originating from Odisha, are made from Tarakasi work.

Banglar Muslin, Bengal

image 16
  • The Banglar muslin is one of the popular traditional handloom craft of Bengal.
  • This finest sort of muslin is made of cotton, which are spun to create threads that maintain tensile strength at counts higher than any other cotton products.
  • Original muslin was produced solely from a cotton plant called, Phuti Karpas, that grew exclusively along the banks of a certain stretch of the Brahmaputra River. 
  • Tragically, the industry was deliberately erased by past colonial rulers, especially the East India Company and replaced with their machine-made fabrics in the 19th century.

Narsapur Crochet Lac, Andhra Pradesh

image 17
  • Narsapur in West Godavari region is known for crochet skills.
  • Crochets are beautifully crafted with cotton thread and it is believed that the women of the farming community of this region started creating highly attractive artefacts from colourful lace, about 150 years ago.

Kutch Rogan Craft and Ambaji White Marble, Gujarat

image 18
  • The Rogan Art, an ancient textile art, with its origins in Persia, came to Nirona Village Kutch Gujarat around 400 years ago.
  • Rogan art is produced by boiling castor oil or linseed oil for about two days and then adding Pigments Mineral Colour (vegetable dyes) and a binding agent (the resulting paint is thick and shiny). 
  • Yellow, White and red and Blue, green are the most frequently used colours.
  • Rogan art is very well known for its ‘Tree of life’.
  • This craft began among the Muslim Khatris community in Gujarat.

Riyawan Lahsun (Garlic), Ratlam, Madhya Pradesh: The GI tag opens up new opportunities in international markets, complementing the state government's efforts to promote Ratlam's garlic as a district product.

Risa Textiles, Tripura

image 19
  • One of the garments worn by tribal women in Tripura is called Risa.
  • It is usually five feet in length and is wrapped around the upper body.
  • Some of the designs are called ‘kosom pali’, ‘khamjang’ etc.
  • To weave a risa, weavers require cotton yarn in different colours, especially in the colour red, which is most commonly used.
  • The Reang community usually weave Risa primarily in black yarns, whereas the Debbarma community uses red yarns.

Lac Bangles, Hyderabad, Telangana

  • Lad bazaar is the main production centre for lac bangles.
  • The craft originated over 500 years ago during the Mughal period.
  • The craft flourished over the decades and was patronized by many royal families.
  • The artisan skilfully embellishes the bangle with precious and semi-precious stones.
  • This recognition promises to enhance the livelihood of over 6000 artisan families.

Majuli Mask and Majuli Manuscript Painting, Assam

  • Majuli Mask of Assam:
image 20
  • It developed in response to Neo-Vaishnavism, initiated by Srimanta Sankardeva in the 15th century.
  • These masks were developed for it to be used in the Bhaona's (Traditional drama of Assam).
  • The art of making masks was prevalent in Satra community for centuries.
  • Made in different varieties and sizes as they are mainly divided into different categories: ‘Mukha bhaona’ (covers the face); ‘Lotokoi’ (extends to the chest) and, ‘Cho Mukha’ (head and body mask). 
  • Majuli Manuscript Paintings:
image 21
  • The manuscripts are painted on handmade paper, which is treated with a mixture of cow dung and earth to create a smooth surface.
  • The paintings are usually done in black and white, although some may have small areas of colour.
  • The artists who create these paintings are known as Sattriya artists, and they are members of the Neo-Vaishnavite monasteries of Majuli.
  • Illustrate stories from Hindu epics like Ramayana, Mahabharata, and the Bhagavata Purana.
  • Three distinct styles of manuscript painting: Gargayan script, Kaithall, and Bamunia, flourish in this region. 

What is a GI tag?

  • Geographical Indications of goods refer to the place of origin of a product.
  • GI tags are a form of Intellectual Property Rights (IPR) that convey an assurance of quality and distinctiveness, attributable to the fact of its origin in a specific geographical locality, region or country.
  • The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry awards GI Tag in India. 
  • A GI registration is given to an area, not a trader, but once a product gets the registration, traders dealing in the product can apply to sell it with the GI logo.
  • Any trader’s body, association, or organisation can apply for a GI tag. 
  • The applicants need to prove the uniqueness of the item with historical records and a complete breakdown of how the product is made.
  • Authorised traders are each assigned a unique GI number. 
  • The raw materials for such products do not have to come from that region (unless it is an agricultural tag). E.g., Leaf in Banarasi paan is not grown in Varanasi; it comes from Bihar, West Bengal, or Odisha.
  • If any unauthorised trader tries selling the product under that name, they can be prosecuted under the Geographical Indications of Goods (Registration and Protection) Act, 1999.
  • India, as a member of the World Trade Organisation (WTO) has enacted the Geographical Indications of Goods (Registration & Protection) Act, 1999 which came into force in 2003.
  • Under Articles 1 (2) and 10 of the Paris Convention for the Protection of Industrial Property, geographical indications are covered as an element of IPRs.
image 22

Categories of GI products

  • There are over 500 GI tags as of January 7, 2023. There are 34 classes of products that can get GI tags, ranging from chemicals and paint to foodstuff, handicrafts, musical instruments, firearms, locomotives etc. 
  • The products in the GI registry fall under five major categories Handicrafts dominate the list, with over half the GI tags being given to products crafted by skilled artisans.

Significance of GI tags

  • After a product receives this designation, no one or business may sell a similar product under that name. 
  • A product’s GI registration gives it legal protection and safeguards against unauthorised use by others.
  • The GI tag aids in marketing the product’s exports and gives customers confidence in the product’s legitimacy.

Made from Red Ant, Kai Chutney of Odisha receives GI Tag

Context: Red Ant Chutney, locally known as Kai Chutney made by tribal people in Odisha's Mayurbhanj district has received Geographical Indication Tag in January, 2024.

About Kai Chutney

Kai Chutney
  • Kai Chutney is made with red weaver ants in Simlipal Tiger reserve by tribal's in Mayurbhanj district of Odisha.
  • The chutney has healing properties, boosts immunity, ensures nutritional security of the tribal people. Red Weaver Ants contain valuable proteins, calcium, zinc, vitamin B12, iron, magnesium, potassium, sodium, copper, amino acids etc.
  • Red Weaver Ants are locally known as Kai Pimpudi in the region.

About Red Weaver Ants

  • Red Weaver ants form colonies with multiple nests in trees.
  • Each nest is made of leaves stitched together with silk produced by their larvae.
  • They reside in trees like mango, sal, jambu and jackfruit.
  • Red Weaver Ants consist of three categories of ants - Workers, Major Workers and Queens.
  • Workers and Major workers are mostly orange coloured with a size of 5-6 mm for workers and 8-10 mm for major workers with strong legs and large mandibles.
  • Queens are larger in size with 20-25 mm and green-brown colour.
  • They feed on small insects and other invertebrates like beetles, flies and hymenopterans. They do not sting but have a painful bite into which they can secrete irritant chemicals from their abdomens.

Read also: Similipal Tiger Reserve

Evergreening of Patent

Context: Bedaquiline has now become the cornerstone to cure drug-resistant tuberculosis (DR-TB). Last week, a major barrier for drug-resistant TB care ended, when Johnson & Johnson’s patent on bedaquiline expired in July.

Evergreening of Patent

Bedaquiline is an antibiotic drug used in the treatment of tuberculosis (TB), particularly in cases of multidrug-resistant tuberculosis (MDR-TB) and extensively drug-resistant tuberculosis (XDR-TB).

About Patent

  • It is an exclusive right granted by the Government to the inventor to exclude others to use, make and selling an invention for 20 years.
  • It is granted for:
    • new invention 
    • involves an inventive step that did not exist before
    • such a thing has not existed before and has industrial applications.
  • When a patent is granted on a particular invention, it means that no other person can either produce or sell those inventions in the market for commercial purposes without the approval of the creator of such invention.
  • India grants legal protection to various inventions through the Patents Act, 1970. 
  • The main aim to enact patent law is to encourage inventors to contribute more in their field by awarding them exclusive rights for their inventions. 
  • An invention is considered new if, on the date of filing the application, any such invention is not known to the public in any form, i.e. oral, writing, or any other form.
  • It is a territorial right, so it can only be applied in the country where it has been granted.
  • Any legal action against infringement or infringement of patent rights can only be taken in that country. To obtain patent protection in different countries, each country must apply for a patent.
  • The Patent Cooperation Treaty (PCT) provides a way to file an international patent application in which a patent can be filed through a single patent application in a large number of countries.
  • A patent owner has the right to grant a license for use or even sell the ownership of a patent.
  • The Patents Act, 1970 was amended by the Patents (Amendment) Act, 2005 regarding extending product patents in all areas of technology including food, medicine, chemicals and microorganisms.

Working of Pharmaceutical Patent System

  • The drug patent system was created to reward pharma companies for innovation, ensure returns on investment, and ultimately promote innovations that make human life better and easier. This monopoly right was given only for a certain number of years to the inventor of the patent, which, after the expiration of this duration, is taken away from them and the technology or the product becomes easily accessible to any other person and he may not earn any more profit from his own creation. 

Ever-green patenting

  • Ever-greening of patents is a process whereby the time of the rights in the patent is extended without any enhancement in the therapeutic efficacy of the Drug. 
  • This is done by making minor changes to the original drug, such as a new formulation or a slight modification in dosage, and then filing for a new patent.
  • This allows the company to maintain its exclusive right to manufacture and sell the drug, even if it is essentially the same as the original.
  • This can limit competition from generic manufacturers and keep drug prices high, making access to essential medicines difficult for those who cannot afford them.

Indian law about the evergreening of patents in India

  • Section 3(d) of the Indian Patents Act states that the mere discovery of a new form of a known substance that does not result in the enhancement of the efficacy of that substance, or the mere discovery of any new property or new use for a known substance, or the mere use of a known process, the machine, or apparatus unless such known process results in a new product or employs at least one new reactant, is not considered to be an invention.
  • Section 3(e) of the Indian Patents Act states that a substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance is not patentable.

Govt. to revamp patenting process

Context: Central government is revamping the patent office functioning to reduce the massive backlog in granting official recognition for innovations by fast-tracking the hiring process and promotions of some existing officers to ease the process and looking at legislative changes to fix timelines for patent grants/rejections.

What are Patents?

  • Patent grants exclusive rights for an invention which may be of a product or a process for 20 years.
  • Patent is granted for:
    • new invention 
    • involves an inventive step which did not exist before
    • such thing has not existed before and has industrial applications.
  • When a patent is granted on a particular invention, it means that no other person can either produce or sell for commercial purposes those inventions in the market without the approval of the creator of such invention.
  • India grants legal protection to various inventions through The Patents Act, 1970. 

Economic Objectives of Intellectual Property Protection:

  • Promote investments in knowledge creation and business innovation by establishing exclusive rights to use and sell newly developed technologies, goods and services.
  • Promote the widespread dissemination of new knowledge by encouraging or requiring rights holders to place their inventions and ideas on the market. 

Objectives of National Intellectual Property Rights (IPR) Policy 2016:

National Intellectual Property Rights (IPR) Policy 2016 recognises the abundance of creative and innovative energies that flow in India, and the need to tap into and channel these energies towards a better and brighter future with suitable protection. 

  • IPR Awareness, Outreach and Promotion - To create public awareness about the economic, social and cultural benefits of IPRs among all sections of society.
  • Generation of IPRs - To stimulate the generation of IPRs.
  • Legal and Legislative Framework - To have strong and effective IPR laws, which balance the interests of rights owners with the larger public interest.
  • Administration and Management - To modernize and strengthen service-oriented IPR administration.
  • Commercialization of IPRs - Get value for IPRs through commercialization.
  • Enforcement and Adjudication - To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements.
  • Human Capital Development - To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs.

Major Concerns on Patent Filing in India:

  1. Manpower Shortage: The major reason for delays is the lack of sufficient manpower in the patent office. Though some additional workforce was added in the patent office in the last few years, especially at the examiner level, it is very small when compared with China or USA. The increase in manpower at the examiner level does not correspond with the increase in manpower at the controller level. This merely shifted the pendency from the first examination level to the next stage. Approximately 1.64 lakh applications are pending at the controller level (which was 40,000 in March 2017) as of the end of March 2022 for which preliminary examination has already been done.
  1. No fixed timelines for each step of the process: The lack of timelines for each step leads to various issues.
  • For instance, under Section 25(1) of the Patents Act 1970, a pre-grant opposition can be filed by any person opposing the patent at any time after the patent application has been published and before the grant.
  • However, there is no fixed time frame and this leads to build-ups and delays. Lack of time frame for filing an opposition for a grant of patent is also misused for making frivolous complaints which keeps delaying the process.
  • There is also no time limit prescribed in the law for the Controller to conduct a hearing to determine the validity of responses to the First Examination Report and any outstanding objections which may not have been adequately addressed by the applicant.
  1. Increase in Abandoned Applications: As per the Annual Report (2019-20) of the Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications (CGPDTM) shows that the number of abandoned patent applications, on account of not meeting the requirements under the Patents Act grew by almost 350% (5,186 in 2010-11 to 23,291 in 2019-20). 
  1. Cumbersome compliance requirements delay the process: There are certain provisions of the Patent Act 1970 which lead to cumbersome compliance requirements on the applicants. For instance, some provisions require an applicant to keep submitting information relating to the prosecution of foreign patent applications periodically.
  1. Not much focus on Industry-Academia Collaboration: One of the indicators of the Global Innovation Index (GII) is industry-academia collaboration where India’s score has decreased from 47.8 in 2015 to 42.7 in 2021. Consequently, India’s ranking in this indicator in the GII declined from 48 to 65 during this period. However, improvements in some other indicators have resulted in India’s overall ranking in the GII improving from 81 in 2015 to 46 in 2021. 

Way Forward:

  1. Increase in Manpower in Patent Office: There is a need to immediately sanction additional posts at the controller level to clear the current backlog of 1.64 lakh applications (which have already undergone preliminary examination) as of the end of March 2022. Further, a substantial increase in manpower is required in the patent office in the next few years to be able to compete with our global peers in terms of the scale of patent applications and the time taken to process them.
  1. Need for Skill Enhancement: To expand the available pool of trained workforce, a short certificate course (like a diploma) may be developed in collaboration with some academic/technical institutions that may be done concurrently with the existing graduation courses. There is a need to build the career path of the employees in the patent office to attract good talent to the patent office.
  1. Address Procedural Issues: Fixing timelines for each step of the process as per the laws of the United States - the time limit for any party to submit any material of potential relevance to the examination of the application is within 6 months after the date on which the patent application is first published. 
  1. Remove the Cumbersome compliance requirements: For instance, there are requirements for applicants to keep submitting information relating to the prosecution of foreign patent applications in a periodic manner leading to high compliance requirements. Considering that now India is a part of WIPO Centralized Access to Search and Examination (CASE), such information can easily be accessed by the patent office for PCT applications.
  1. Consider bringing in utility model of patents: A utility patent is a special form of patent right granted by a state to an inventor for a fixed time period where the eligibility requirements are less stringent and the term of protection is shorter and these are cheaper to acquire as well. It secures protection for small innovations, which does not require the strict novelty and invention conditions as required by the patent law. 
  1. Outsource the Administrative Process to a Third Party: The administrative process of the patent application process can be outsourced to a third party, as has been done in the case of the passport office so that the examiners and controllers can focus on the core technical work.
  1. Extensive use of machine learning/automation of administrative steps can be done to make the process more streamlined.

Key Facts:

  • China is the world leader in both filing and granting patents and has over 13,700 people in its patents office, and the US is the second largest, while India has just about 858 as of 2022.
  • As of FY23, the total number of patent filings touched 82,809 of which 52.3% or 43,337 applications were from domestic companies and 39,472 were from foreign companies operating here. The domestic share was 37% in FY20 and 44.4% in FY22.
  • In FY22 the number of patents granted stood at 34,153 from 82,805 filings and at 30,074 in the previous year from 66,400 filings. As against this, the numbers in China were 6.95 lakhs and 15.85 lakhs for FY22 and 3.27 lakhs and 6.95 lakhs in the U.S.

GI Tag for Basmati Rice Controversy between India & Pakistan

India will continue to pursue its application for an exclusive Geographical Indication (GI) tag for its basmati rice in the European Union (EU) and not consider any other solution as it could affect the exclusivity of the fragrant rice in other markets, official sources have said.

What is the historical background of the issue?

It all started when India registered its Basmati Rice GI in the European market, which has been countered by Pakistan. An official release by the European Union on September 11, 2020, notified India’s application for getting the geographical indication for its Basmati Rice in the EU market. The release also indicated that in the next three months, any entity, which objects to this application, can oppose it in the EU.

On 7th December 2020, the application received opposition from Pakistan, when its rice association, Rice Exporters Association of Pakistan (REAP) filed a notice with EU authorities. To further strengthen its case of opposition, Pakistan registered its Basmati Rice under its Geographical Indication Act 2020 on January 27, 2021. The case is still pending with no conclusion being reached. 

What is GI tag?

Under the TRIPS agreement, Geographical indication (GI), is defined as an indication of the true geographical origin of products, with reputation, quality, or other characteristics of that product attributable to the origin. Countries issue GI tags to their products under the law, in order to protect the product from imitation and misuse of its registered name. In India, the Geographical Indications of Goods (Registration and Protection) Act came into force in 2003.

What is the present issue?

Exports of rice are of importance to both India and Pakistan. Pakistan’s Punjab, in which all of its ‘Basmati Rice’ (as claimed by it) production is located, also lies in the Indo-Gangetic Plains. India is the largest supplier of Basmati Rice, exporting 5.5 million tons of Basmati Rice to the world in 2020. Its production is spread across Punjab, Haryana, Delhi, Uttarakhand, Western UP and parts of Jammu and Kashmir.

Pakistan wants to convince India for ‘joint recognition’ as the heritage is shared by both the countries.
EU is trying to put pressure on India to amend its application by including the basmati­ growing areas in Pakistan or submit a new joint application.

Why India is against this?

India cannot accept the EU’s proposal. In August 2020, after the abrogation of Article 370, which gave special status to Jammu and Kashmir, Pakistan published a map showing Jammu as part of its territory. When a joint application is made, the map of both countries will have to be included. This will mean India accepting Jammu to be part of Pakistan.

Further, Pakistan is yet to come up with any definition of basmati. It has no physical standard and has not notified the DNA standard. 

Note: APEDA, is the nodal agency to get GI tag for Indian products.

Trending now

Dark Oxygen in the Deep Sea: Rethinking Oxygen Production
China’s New Antarctic Law and Implications for Global Polar Governance
India–EU Deepen Partnership in Peaceful Nuclear Science and Fusion Energy
Solid Waste Management Rules, 2026: Strengthening India’s Waste Governance Framework