Science and Tech Part 7: Patents, GI, Compulsory Licences

In one line: Science and Technology Part 7: Intellectual property questions test the statutory map (the patents-trademarks-copyright-GI-designs set), the TRIPS.

In fact, intellectual property questions test the statutory map (the patents-trademarks-copyright-GI-designs set), the TRIPS interface. In fact, the two Indian flashpoints: GI tags (the current affairs stream) and compulsory licensing (the pharma access debate). This note covers the full IP file.

Quick Answer: Intellectual property questions test the statutory map (the patents-trademarks-copyright-GI-designs set), the TRIPS interface. Moreover, the two Indian flashpoints: GI tags (the current affairs stream) and compulsory licensing (the pharma access debate). Moreover, this note covers the full IP file.

Table of Contents.

1. Therefore, the IP Family: The Statutory Map
2. Meanwhile, patents: The Law and the Standards
3. As a result, compulsory Licensing and the Pharma Debate
4. GI Tags: The System and the Famous List
5. TRIPS and the International Layer
6. How Exams Probe This Topic
7. Quick Revision: One-Glance Facts

1. The IP Family: The Statutory Map.

• The administered by fact. DPIIT (Commerce Ministry) administers patents, trademarks, GI and designs. In other words, the Copyright Office under the Education/HRD Ministry. Therefore, the PPV Authority under Agriculture — the ministries’ map MCQ.

2. Patents: The Law and the Standards.

• Notably, the patentability triad.** Novelty, inventive step (non-obviousness). Meanwhile, industrial applicability — plus full disclosure (the quid pro quo: 20-year exclusivity for teaching the world to practise it). Non patentable list (S.3-4) : discoveries, mathematical methods, business methods, computer programs per se, traditional knowledge. As a result, agriculture horticulture methods, Section 3(d)’s new-use/pharmaceutical derivative bar** — the Novartis clause (below).
• The international novelty arc. Indeed, india’s post-2005 regime: product patents in all technologies (the pre-2005 mailbox era and EMR — exclusive marketing rights — closed). In other words, the 2005 amendment’s TRIPS-compliance; the pre grant and post grant opposition provisions (India’s strong civil society check).
• The grants picture. Specifically, india’s patent filings rising (~85-90k applications. Notably, ~1 lakh+ grants 2023-24; the Japan-US-EU dominance; domestic filings’ rise — the 2024-25 record domestic share); the pendency critique and the AI-assisted examination push.

3. Compulsory Licensing and the Pharma Debate.

• Similarly, the provision.** Section 84 (Patents Act): after 3 years from grant. Indeed, any person can seek a compulsory licence on three grounds — reasonable-requirement of public not met. Not available at reasonably affordable price, not worked in India. Specifically, section 92 (national emergency/extreme urgency — the pandemic trigger), Section 92A** (export to countries with no capacity — the Doha-paragraph-6 implementation).
• The case.** Natco v. Overall, bayer (2012 — the sorafen/Nexavar licence : the first Indian CL, royalty ~6-7%, the “reasonably affordable price” reasoning) — the only full CL granted. Similarly, the subsequent (Bristol-Myers’ dasatinib refusal) line; the Section 3(d) twin: Novartis v. Union of India (2013** — the SC rejecting the Glivec patent: derivatives must show enhanced efficacy — the evergreening bar).
• Consequently, the debate.** Pharma access advocates: India as the “pharmacy of the developing world” — CLs and 3(d) keep generics flowing. Overall, innovator industry critique: investment chilling, the US Special-301 watch list placements. The balanced line:** CLs are TRIPS-legal, rarely used. The pandemic (COVID-era waiver debates — the TRIPS vaccine waiver of 2022) proved the flexibilities’ worth — the mains both-flanks.

4. GI Tags: The System and the Famous List.

• Furthermore, registered by the GI Registry (Chennai) under the 1999 Act. A GI links a product’s quality/reputation to its geography (Darjeeling tea the flagship). Any association/producer body applies; infringement actionable; ~600 registered GIs (2025 — the number rises through the year; Tamil Nadu and UP lead the counts).
• Likewise, the recent stream (the current affairs staple). The 2023-25 tags — from Kashmir saffron type staples to the year’s additions (e.g., the Assam’s products. Kerala’s tribal crafts entries, the UP’s textiles — track the current releases before your exam. Two three latest tags as examples suffice).
• In short, the famous litigation.** Darjeeling tea’s protection (the first Indian GI, 2004-05). The basmati battles (India-Pakistan’s joint claim and the EU registration contests). The turmeric-neem basmati biopiracy cases (the TKDL’s origin-story)** — the traditional-knowledge defense trio.
• Subsequently, the TKDL.** Traditional Knowledge Digital Library** — the prior-art database (Ayurveda-Unani-Siddha-Yoga. The multilingual format defeating foreign patents on turmeric type knowledge) — the defensive publication instrument examiners love.

5. TRIPS and the International Layer.

• The frame.** TRIPS (1995, the WTO’s annex) — the minimum-IP standards: national treatment, MFN, the patent term and CL flexibilities (Articles 27, 31, 31bis). The transition periods’ expiry; the Doha Declaration (2001)** on TRIPS-and public health (“TRIPS should be interpreted to protect public health”) — the developing world charter.
• The TRIPS COVID-vaccine patent waiver (the 2022 ministerial decision. Extended to therapeutics diagnostics debates) — the first ever TRIPS waiver (partial, temporary) — the current hook.
• PCT (patent-cooperation, the international filing route), Madrid (trademarks’ international registration), Hague (designs), Budapest, the WIPO treaties (the Copyright-and Neighbouring. The WIPO Internet Treaties), the 2024 WIPO Treaty on IP-Genetic Resources-Traditional Knowledge (the disclosure requirement treaty — the newest) — the treaty purpose match-set.
• The US Special-301 listings (India on the priority watch list — the annual friction). The EU’s GIs-in FTAs negotiation (the EFTA/India FTA’s GI chapter — the trade link).

6. How Exams Probe This Topic.

• Prelims: the statute-right term table; S.3(d) and the Novartis holding; the CL grounds (S.84); the TKDL’s purpose; the latest GI count and 2-3 recent tags; TRIPS’s year and the Doha framing; the ministries’ map.
• Mains: “India’s IPR regime balances innovation incentives with access — examine with the CL-and-3(d) record”. “GI tags protect collective heritage but implementation lags — discuss”. “TRIPS flexibilities and the pandemic: lessons for the global IP order.”
• The biotech generic file (Part 4), the trade policy debates (Economy), the CSIR-TKDL’s science interface.

7. Quick Revision: One-Glance Facts.

• Patents 1970/2005 (20 yrs, DPIIT); TM 1999; Copyright 1957/2012 (life+60); GI 1999 (~600 tags); Designs 2000; PPV&FR 2001.
• Novelty-inventive-application; S.3(d) (Novartis 2013); S.84 CL (Natco-Bayer 2012); pre/post grant opposition.
• TRIPS 1995; Doha 2001; the 2022 vaccine waiver; the 2024 WIPO TK treaty; PCT-Madrid-Hague.
• TKDL; the GI Registry (Chennai); Darjeeling-basmati turmeric cases.

The IPR file is one table (the statute term map), two provisions (3(d) and Section 84) with their landmark cases, and the GI-TKDL current layer. Hold the Natco and Novartis pair as the access-versus innovation story’s anchors, track the year’s GI additions. Both the prelims match sets and the mains balancing act are covered.

The TRIPS-Waiver Post-Mortem (The Flexibility-Test Case).

The 2022 COVID-vaccine patent waiver — the first partial suspension in TRIPS history — deserves its own exam paragraph because it tests everything this topic teaches: the flexibility existed on paper (compulsory licensing since 1995. The Doha Declaration’s 2001 affirmation), yet took two years of crisis diplomacy to enact, applied only to vaccines (therapeutics and diagnostics excluded after further deadlock). Produced marginal manufacturing impact because the binding constraint was technology transfer and supply chains, not patent titles alone. India and South Africa’s original 2020 proposal (a broad waiver) shrank to a narrow compromise — the negotiation’s lesson about consensus institutions. For mains: the case cuts both ways — proof that flexibilities can be activated at all. Proof that activation is too slow and too narrow for a pandemic’s clock. The forward ask follows naturally: pre agreed waiver templates and manufacturing ecosystem investment. The next crisis doesn’t spend its first year debating its own rulebook.

Read next: The Indus Waters Treaty, 1960-2026: Survival, Abeyance and the Exam Questions, Exam-Ready Notes

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• Black Holes, LIGO and Lagrange Points: Gravitation’s Research Frontier.
• The Indus Waters Treaty, 1960-2026: Survival, Abeyance and the Exam Questions, Exam-Ready Notes.
• Junagadh and the Integration of the Princely States: From the 1948 Plebiscite to the 2025 Supreme Court Verdict, Exam-Ready Notes.

Frequently Asked Questions.

What should you know about 1. The IP Family: The Statutory Map?

The administered by fact. DPIIT (Commerce Ministry) administers patents, trademarks, GI and designs. The Copyright Office under the Education/HRD Ministry. The PPV Authority under Agriculture — the ministries’ map MCQ.

What should you know about 2. Patents: The Law and the Standards?

The patentability triad.** Novelty, inventive step (non-obviousness). Industrial applicability — plus full disclosure (the quid pro quo: 20-year exclusivity for teaching the world to practise it). Non patentable list (S.3-4) : discoveries, mathematical methods, business methods, computer programs per se, traditional knowledge. Agriculture horticulture methods, Section 3(d)’s new-use/pharmaceutical derivative bar** — the Novartis clause (below).

What should you know about 3. Compulsory Licensing and the Pharma Debate?

The provision.** Section 84 (Patents Act): after 3 years from grant. Any person can seek a compulsory licence on three grounds — reasonable-requirement of public not met. Not available at reasonably affordable price, not worked in India. Section 92 (national emergency/extreme urgency — the pandemic trigger), Section 92A** (export to countries with no capacity — the Doha-paragraph-6 implementation).

What should you know about 4. GI Tags: The System and the Famous List?

Registered by the GI Registry (Chennai) under the 1999 Act. A GI links a product’s quality/reputation to its geography (Darjeeling tea the flagship). Any association/producer body applies; infringement actionable; ~600 registered GIs (2025 — the number rises through the year; Tamil Nadu and UP lead the counts).

What should you know about 5. TRIPS and the International Layer?

The frame.** TRIPS (1995, the WTO’s annex) — the minimum-IP standards: national treatment, MFN, the patent term and CL flexibilities (Articles 27, 31, 31bis). The transition periods’ expiry; the Doha Declaration (2001)** on TRIPS-and public health (“TRIPS should be interpreted to protect public health”) — the developing world charter.

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