UPSC Mains 2024 GS3 Q5 — Intellectual Property Rights
What is the present world scenario of intellectual property rights with respect to life materials? Although, India is second in the world to file patents, stell only a few have been commercialized. Explain the reasons behind this less commercialization. (Answer in 150 words) 10
Question Decoded — examiner's intent
- Directive verbs
- What isExplain
- Scope keywords
- present world scenariointellectual property rightslife materialssecond in the world to file patentsless commercialization
- Implicit sub-parts
- Global trends in patenting life forms like CRISPR, GMOs, and microbial strains post-Diamond v. Chakrabarty.
- The tension between TRIPS compliance and ethical/sovereign concerns over 'patenting life'.
- Analysis of the gap between Indian patent filing numbers and actual market application.
- Structural and financial bottlenecks in the Indian 'Lab-to-Market' pipeline.
- Common pitfalls
- Focusing on general IPR issues like piracy or copyright instead of specific 'life materials' (biotechnology, seeds, genes).
- Failing to mention Section 3(j) of the Indian Patents Act which restricts patenting of plants and animals.
- Ignoring the role of the Nagoya Protocol and Traditional Knowledge Digital Library (TKDL) in the global scenario.
- Overlooking the distinction between academic 'defensive' patenting and industrial 'offensive' patenting in India.
- Dimensions required
- Ethical/Bio-ethicalEconomic/IndustrialLegal/RegulatoryResearch & Development (Institutional)
- Marks allocation hint
Allocate 40 words to the global scenario of life-material IPR (trends and ethical debates). Devote the remaining 110 words to the Indian context, specifically identifying 4-5 distinct reasons for low commercialization such as lack of venture capital, poor industry-academia linkages, and lengthy regulatory approvals for bio-products.
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