UPSC CSE Prelims
Intellectual Property Rights & Innovation Previous Year Questions (PYQs)
Showing solved Previous Year Questions for Chapter: Intellectual Property Rights & Innovation
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Consider the following statements :
- According to the Indian Patents Act, a biological process to create a seed can be patented in India.
- In India, there is no Intellectual Property Appellate Board.
- Plant varieties are not eligible to be patented in India.
Which of the statements given above is/are correct?
Detailed Explanation:
Answer: Option 3 — 3 only
Only Statement 3 is correct. Plant varieties cannot be patented under the Indian Patents Act, though they receive protection under a separate sui generis system (PPVFR Act, 2001). Statement 1 is incorrect because biological processes for seed production are explicitly excluded from patenting under Section 3(j) of the Patents Act. Statement 2 is incorrect because the Intellectual Property Appellate Board (IPAB) existed in India at the time this question was asked in 2019 (it was later abolished in 2021).
❌ Statement 1 – Incorrect: Section 3(j) of the Indian Patents Act explicitly excludes biological processes for the propagation or production of plants (including seeds) from being patented.
❌ Statement 2 – Incorrect: The Intellectual Property Appellate Board (IPAB) was established in 2003 and was functional when this question was set in 2019; it was abolished only in 2021 through the Tribunals Reforms Act.
✅ Statement 3 – Correct: Plant varieties are not eligible for patents under the Patents Act; instead, they are protected under the Protection of Plant Varieties and Farmers' Rights Act, 2001.
📝 Short Notes: Intellectual Property Protection for Biological Innovations in India
| Aspect | Details |
|---|---|
| Indian Patents Act - Section 3(j) | Excludes plants, animals, and biological processes for their propagation or production from patentability. Seeds created through biological processes cannot be patented. |
| What CAN be Patented | Microorganisms, microbiological processes, and genetically modified organisms (if they meet novelty, inventive step, and industrial application criteria). |
| PPVFR Act, 2001 | Provides sui generis protection for new plant varieties. Grants Plant Breeders' Rights (PBR) for exclusive commercial use. Also protects farmers' rights to save, use, sow, exchange, and sell farm-saved seeds. |
| IPAB (2003-2021) | Intellectual Property Appellate Board heard appeals related to patents, trademarks, and GI registrations. Abolished in 2021; functions transferred to High Courts. |
| International Context | India is a member of TRIPS (Trade-Related Aspects of Intellectual Property Rights) and UPOV 1978 (International Union for the Protection of New Varieties of Plants), balancing IP protection with farmers' rights. |
India enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 in order to comply with the obligations to
Detailed Explanation:
Answer: Option 4 — WTO
India enacted the Geographical Indications of Goods (Registration and Protection) Act, 1999 to comply with its obligations under the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement of the WTO. TRIPS mandates all WTO member countries to provide legal protection for Geographical Indications, which identify products originating from specific geographical locations whose qualities or reputation are essentially attributable to that origin.
📝 Short Notes: Geographical Indications in India
- GI Act, 1999: Enacted to comply with TRIPS Agreement (Articles 22-24) under WTO framework
- Definition: GI identifies goods as originating from a specific territory where quality, reputation, or other characteristics are essentially attributable to geographical origin
- Duration: GI registration is valid for 10 years and can be renewed indefinitely
- Examples: Darjeeling Tea (first Indian GI), Basmati Rice, Kanchipuram Silk, Tirupati Laddu, Kashmir Pashmina
- Authority: Controller General of Patents, Designs and Trademarks under the Department for Promotion of Industry and Internal Trade (DPIIT) administers GI registration
- Benefits: Legal protection against unauthorized use, promotes rural and agricultural development, preserves traditional knowledge
With reference to ‘National Intellectual Property Rights Policy’, consider the following statements:
- It reiterates India’s commitment to the Doha Development Agenda and the TRIPS Agreement.
- Department of Industrial Policy and Promotion is the nodal agency for regulating intellectual property rights in India.
Which of the above statements is/are correct?
Detailed Explanation:
Answer: Option 3 — Both 1 and 2
The National Intellectual Property Rights Policy, adopted in 2016, explicitly reiterates India's commitment to international IPR frameworks including the TRIPS Agreement and the Doha Development Agenda, which provides flexibilities for developing nations. The Department for Promotion of Industry and Internal Trade (DPIIT), formerly known as the Department of Industrial Policy and Promotion, serves as the nodal agency for IPR policy formulation and implementation in India.
✅ Statement 1 – Correct: The National IPR Policy reiterates India's commitment to the Doha Development Agenda and the TRIPS Agreement, ensuring access to flexibilities like compulsory licensing for affordable medicines.
✅ Statement 2 – Correct: The Department of Industrial Policy and Promotion (now DPIIT) under the Ministry of Commerce and Industry is indeed the nodal agency for regulating and implementing IPR policy in India.
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Which of the following has/have been accorded “Geographical Indication” status?
- Banaras Brocades and Sarees
- Rajasthani Dal-Bati-Churma
- Tirupati Laddu
Select the answer using the code given below:
Detailed Explanation:
✅ Statement 1 – Correct: Banaras Brocades and Sarees were granted GI status in 2009, recognizing the unique handloom weaving traditions of Varanasi, Uttar Pradesh.
❌ Statement 2 – Incorrect: Rajasthani Dal-Bati-Churma has not been accorded GI status, though it is a famous traditional food of Rajasthan.
✅ Statement 3 – Correct: Tirupati Laddu, the sacred prasad of Tirumala Venkateswara Temple, Andhra Pradesh, received GI status in 2009 to protect its unique recipe and reputation.