Legal Regime of Intellectual Legal Regime of Intellectual Property Rights of Spatial Property Rights of Spatial

Data with Special Reference Data with Special Reference to Indiato India

Malay AdhikariMalay AdhikariResearch ScholarResearch Scholar

Centre for International Legal Studies,Centre for International Legal Studies,Jawaharlal Nehru University, Jawaharlal Nehru University,

New Delhi.New Delhi.adhikari69@gmail.comadhikari69@gmail.com

Geospatial World Forum 2011, Hyderabad.Geospatial World Forum 2011, Hyderabad.1919thth January , 2011. January , 2011.

Scheme of PresentationScheme of Presentation Meaning of Intellectual Property Rights (IPR)Meaning of Intellectual Property Rights (IPR)

Different Forms of IPR Different Forms of IPR

Relations of IPR with Spatial DataRelations of IPR with Spatial Data

International Agreements for Protecting IPRInternational Agreements for Protecting IPR

Requirement of IPR Regime in IndiaRequirement of IPR Regime in India

Existing IPR Regime in IndiaExisting IPR Regime in India

ConclusionConclusion

Meaning of Intellectual Property Meaning of Intellectual Property RightsRights

1.1. Property created by human minds or Property created by human minds or intellects. intellects.

2.2. Codified definition provided by Article Codified definition provided by Article 2(vii) of the Convention establishing 2(vii) of the Convention establishing World Intellectual Property Organization World Intellectual Property Organization (WIPO). (WIPO).

Forms of IPRForms of IPR Two Types :Two Types : (i) Industrial property related with commercial (i) Industrial property related with commercial

innovations innovations (ii) Literary & Artistic property related with (ii) Literary & Artistic property related with

cultural creations.cultural creations.

Example of first type : Patents, Trademarks, Example of first type : Patents, Trademarks, Industrial Designs, Geographical Indications & Industrial Designs, Geographical Indications & Trade Secrets.Trade Secrets.

Example of second type : Copyright. Example of second type : Copyright.

Relations of IPR with Spatial DataRelations of IPR with Spatial Data

1.1. Technology used in acquisition & Technology used in acquisition & dissemination of spatial data is under patent dissemination of spatial data is under patent regime.regime.

2.2. Trademark is attracted on saying ‘IRS Trademark is attracted on saying ‘IRS imageries’ or ‘SPOT imageries’.imageries’ or ‘SPOT imageries’.

3.3. Copyright attached with value added Copyright attached with value added data. data.

Ownership of DataOwnership of Data

Copyright relates with ownership.Copyright relates with ownership.

Data audit is must at each stage of value Data audit is must at each stage of value addition to know the ownership.addition to know the ownership.

International Agreements for International Agreements for Protecting IPRProtecting IPR

The Outer Space Treaty, 1967.The Outer Space Treaty, 1967.

The Principles Relating to Remote Sensing of The Principles Relating to Remote Sensing of Earth from Outer Space, 1986.Earth from Outer Space, 1986.

The Berne Convention, 1971.The Berne Convention, 1971.

The Universal Copyright Convention, 1971.The Universal Copyright Convention, 1971.

Drawbacks in International Drawbacks in International ScenarioScenario

All these agreements above failed to All these agreements above failed to implement or control the IPR of data implement or control the IPR of data specifically.specifically.

No specific convention like the Satellite No specific convention like the Satellite Convention (1971) exists for protecting Convention (1971) exists for protecting IPR of data.IPR of data.

Requirement of IPR Regime in Requirement of IPR Regime in IndiaIndia

1.1. Commercialization is must for further Commercialization is must for further development of geospatial industry. development of geospatial industry.

2.2. So more PPP or Private initiatives welcomed. So more PPP or Private initiatives welcomed. 3.3. Consequence is competition.Consequence is competition.4.4. Competition must be legal.Competition must be legal.5.5. IPR regime will be required to control the IPR regime will be required to control the

competition amongst public-private or private-competition amongst public-private or private-private initiatives legally.private initiatives legally.

6.6. Also the requirement of IRS data is high and Also the requirement of IRS data is high and gradually increasing in international market.gradually increasing in international market.

Existing IPR Regime in IndiaExisting IPR Regime in India

To know the IPR regime of spatial data in To know the IPR regime of spatial data in India, Copyright & Trade Secrets are to be India, Copyright & Trade Secrets are to be analyzed for the time being. analyzed for the time being.

As the Government monopoly exists over As the Government monopoly exists over the ownership of data, so no separate IPR the ownership of data, so no separate IPR regime of data exists presently in India.regime of data exists presently in India.

ConclusionConclusion

1.1. The Government should look after the interests The Government should look after the interests of upcoming private sectors in geospatial data of upcoming private sectors in geospatial data industry in India for country’s economic as well industry in India for country’s economic as well as societal development. as societal development.

2.2. In taking the above step first initiative is to In taking the above step first initiative is to create a separate provision for spatial data in create a separate provision for spatial data in the existing IPR laws or to make a separate the existing IPR laws or to make a separate law for protecting IPR of spatial data.law for protecting IPR of spatial data.

THANK YOUTHANK YOU