Scribd
Upload
45 views

Intellectual Property Rights in National Security

This document discusses the relationship between intellectual property rights (IPR) and national security in India. It notes that IPR promotes innovation and economic growth while also needing to balance individual rights and public interest for national security reasons. India's IPR policy aims to stimulate intellectual property potential in a way that leads to socio-economic growth and protects public interest. The document also discusses how countries like China are using IPR guidelines to encourage domestic innovation and the adoption of indigenous technology. It provides an example case from India where information related to a military rifle design was kept private for national security reasons.

Uploaded by

binay kumar singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
45 views

Intellectual Property Rights in National Security

This document discusses the relationship between intellectual property rights (IPR) and national security in India. It notes that IPR promotes innovation and economic growth while also needing to balance individual rights and public interest for national security reasons. India's IPR policy aims to stimulate intellectual property potential in a way that leads to socio-economic growth and protects public interest. The document also discusses how countries like China are using IPR guidelines to encourage domestic innovation and the adoption of indigenous technology. It provides an example case from India where information related to a military rifle design was kept private for national security reasons.

Uploaded by

binay kumar singh
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Intellectual Property Rights in National

Security

Innovation is the way forward for a country’s economic growth, which contributes towards
its subsequent development. An abundance of creativity and inventive vigor is seen in a
country like India. Hence, these inventions are protected under the radar of ‘unique
discovery’.

Indian IPR policy is a strong equitable framework which is compliance with the guidelines
issued by TRIPS. This policy has ensured to build a conducive environment for the
stimulation of Intellectual Property’s potential, which would subsequently lead to socio-
economic growth while protecting public interest.

It is imperative for India to draw an equilibrium between individual rights and public interest
in the name of national security. This is achievable by the development of a conducive IPR
system which promotes a research and innovation driven environment, which is in
synchronization with public interest while maintaining fair competition in the industrial,
economic, social, scientific and technology sectors.1

The Chinese President, Xi Jinping recognized the importance of intellectual property in


Research & Development and national security. He has further highlighted the development
of new spheres of technology like big data, artificial intelligence, machine learning and bio-
technology. Chinese AI patenting has been rampant in the recent years, with patents issued to
a broad spectrum of enterprises, government agencies, and universities. It is using IP
guidelines and rules to draw innovation within its boundaries and encourage the adoption of
its indigenous technology of international standard.2

Furthermore, if one looks to the TRIPS agreement’s objectives, 3 which states about
transferring and distributing technology to others for their advancement as well as providing
1
Rajyasabha.nic.in. 2021, 161 Report: Review of the Intellectual Property Rights Regime in India, available at:
https://rajyasabha.nic.in/rsnew/Committee_site/Committee_File/ReportFile/13/141/161_2021_7_15.pdf.
2
Iancu, A. and J. Kappos, D., 2021. U.S. Intellectual Property Is Critical to National Security, Csis.org.
Available at: https://www.csis.org/analysis/us-intellectual-property-critical-national-security.
3
Article 7, TRIPS Agreement (1995), https://www.wto.org/english/docs_e/legal_e/27-trips_03_e.htm.
access to knowledge on the technology for the sake of creating symmetry between social and
economic welfare in order to balance rights and obligations.4

In the interest of protecting a nation’s IP, it is always transferred for their political benefit. A
nation transfers its technology to other nations rather than let it circulate in the international
circuit for greater protection of their national security interest. Internal and external security
threats like terrorism are also intertwined with national security. Organized crime syndicates
engage in black marketing of valuable IP which can be a direct threat to national security and
general public interest. India has issued strong legal regulations on the import of products and
IPR, which specifically describe the responsibility of customs in preventing IPR breaches at
international borders.5

IPR and National Security in India: -

The outline of security framework in the domestic laws on IPR shows that there have been
such provisions in law related to patents, design, plant varieties and integrated circuit designs
in which government can restrain the publication of information related to invention or
communication of certain crucial information if it is considered as relevant with respect to
defence and in the security interest of the nation.

In the case of Prasanta Basu Ray v. MOD6, the Central Information Commission set a
precedent on the case where the appellant was a factory employee who filed an RTI in three
paras on the production of ‘Block Breach’ of 5.56 MM Service Rifle to which the defendant
answered the other two questions asked by the appellant regarding the weapon and rejected to
answer the third question which involved important information regarding the said rifle. The
defendant refused to answer the third question since it gave away the technological and R&D
information which was the stipulated IP of their Factory Ordinary Factory Board (OFB).
Hence, the court ruled in the favor of the defendant and dismissed the said appeal.

4
Ibid
5
See N. 3
6
CIC/LS/A/2012/000586.

You might also like