Keviyabei Angami
“I am a strong believer that intellectual property rights need to be protected." — Jim Oberweis
The development of any society is intrinsically linked to its Intellectual Property Rights (IPR) framework. Intellectual Property Rights refer to the legal protections granted to individuals and organizations for their inventions, artistic works, designs, symbols, names, and images used in commerce. These rights encourage innovation, creativity, and economic growth by granting creators exclusive rights over their intellectual assets.
India has made significant strides in global patent applications, securing the 6th position in the 2024 World Intellectual Property Indicators report, with 64,480 patent filings in 2023. This achievement places India among the world’s leading intellectual property powerhouses, alongside China, the United States, Japan, and South Korea. The country’s rise in global rankings reflects its dynamic and diverse economy, spanning agriculture to high-tech industries such as pharmaceuticals, information technology, and renewable energy. This growth augments India’s increasing influence in global innovation and intellectual property.
Nagaland and Intellectual Property Rights
Nagaland, known for its rich heritage, indigenous crafts, and unique traditions, is gradually stepping into the realm of IPR. As the state seeks to protect and promote its traditional knowledge and creative industries, IPR offers a legal framework to safeguard its cultural assets from unauthorized use. However, challenges such as limited awareness, infrastructure gaps, and policy constraints hinder its full potential. This article explores the opportunities and challenges of implementing IPR in Nagaland and the way forward.
Forms of Intellectual Property Rights
These legal protections come in various forms, including:
1. Patents - Protect inventions and innovations offering technical solutions.
2. Trademarks - Distinctive signs identifying the origin of goods and services.
3. Industrial Designs - Safeguarding the aesthetic aspects of products.
4. Geographical Indications (GIs) - Recognizing products uniquely linked to a specific region.
5. Copyrights and Related Rights - Covering literary, artistic, and musical works, among others.
6. Layout Designs of Semiconductor Circuits - Shielding the design of microchips.
7. Plant Variety Protection (PVP) - Securing the rights of breeders of new plant varieties.
Geographical Indications: A Step Towards Protection
Geographical Indication (GI) tagging has been an important step in preserving and promoting Nagaland's heritage. Currently, four products from the state have been granted GI status: Naga Mircha (King Chilli), Chakhesang Shawl, Naga Tree Tomato and Naga Cucumber
These GI tags not only provide legal recognition to local products but also protect traditional knowledge and empower artisans and farmers by giving them exclusive rights over their produce. Furthermore, GI tagging discourages counterfeiting and ensures that economic benefits flow directly to indigenous communities.
How GI Tags Benefit Nagaland:
1. Preservation of Heritage - Traditional crafts and indigenous agricultural techniques are safeguarded.
2. Economic Empowerment - Artisans and farmers receive legal recognition, enhancing their marketability.
3. Prevention of Counterfeiting - Authentic products are certified, discouraging imitations.
However, Nagaland's IP domain remains largely untapped. Despite its rich cultural heritage, the state lacks robust policies and awareness regarding IPR protection. As lex prospicit, non respicit, policymakers must integrate IPR into the educational system and encourage registration of intellectual property to bolster innovation and economic progress.
Potential Areas for IPR Development in Nagaland
The scope of Intellectual Property Rights (IPR) in Nagaland is still in a developing phase but holds significant potential, especially in the following areas:
1. Traditional Knowledge and Indigenous Practices - Nagaland has a rich cultural heritage, including traditional medicines, handicrafts, textiles, and indigenous knowledge systems.
2. Handicrafts and Artisanal Products - The state is known for its handwoven textiles, woodcrafts, and jewelry, which can be protected under the Designs Act, 2000, and the GI Act, 1999.
3. Music and Folklore - Naga folk music and contemporary fusion bands are gaining recognition. Copyright protection for indigenous music and performances is essential.
4. Agriculture and Organic Products - GI tags for Naga King Chili and Naga Tree Tomato enhance market value and protection against unauthorized use.
5. Startups and Innovation - The Nagaland Startup Policy encourages innovation in IT, handicrafts, and agribusiness, increasing the need for patent and trademark protection.
6. Academic and Research Institutions - As Nagaland universities and research bodies grow, patent filings for unique scientific and technological innovations will become more relevant.
7. Entertainment and Digital Media - With the rise of Naga influencers, digital creators, and filmmakers, copyright laws will play a crucial role in content protection.
Branding and Intellectual Property: The Nivia Success Story
Brands transcend mere names or logos; they represent a legacy built over time. A compelling case is Nivia, a premier Indian sports brand established in 1962 by Nihal Chand Kharabanda. Starting as a small manufacturer in Sialkot, Nivia evolved into a globally recognized sports brand, even becoming the first Indian company to receive FIFA approval for its footballs. Nivia’s success highlights the importance of trademark protection and brand identity in sustaining market leadership. The brand's commitment to innovation and quality underscores the necessity of robust intellectual property protection in fostering growth and global recognition.
Nagaland's Intellectual Property Facilitation Initiatives
Nagaland has taken a proactive approach towards IPR by establishing an Intellectual Property Facilitation Centre (IPFC) under the Investment and Development Authority of Nagaland (IDAN). This center aims to support entrepreneurs and innovators in securing patents, copyrights, and trademarks, thus fostering a culture of intellectual property protection and commercialization within the state.
The Role of Patents and Copyrights in Cultural and Technological Development
Beyond GI, patents and copyrights play a crucial role in preserving Nagaland's cultural and intellectual assets. With advancements in biotechnology, traditional herbal medicines, and indigenous agricultural techniques, Nagaland has immense potential to secure patents that can contribute to both local and global markets. Similarly, copyrights can safeguard Nagaland's rich folklore, music, and artistic expressions from unauthorized use or misappropriation.
Plant Variety Protection (PVP) is another crucial area where unique plant breeds can be protected under the law. For instance, novel varieties of roses adapted to Nagaland's climate or specific agricultural innovations could be safeguarded through PVP registration, enabling local farmers to reap longterm benefits.
Legal Precedent: Intellectual Property Theft Under the SC/ST Act
In a significant development, the Supreme Court recognized intellectual property theft as a prosecutable offense under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Scholars from Jawaharlal Nehru University (JNU) alleged that their research data was stolen in a caste based attack. The court broadened the definition of "property" to include intellectual property, setting a landmark precedent in legal recognition.
Conclusion
Nagaland's rich cultural heritage, including its crafts, food, and festivals, is an untapped treasure in the realm of Intellectual Property Rights. By leveraging IPR, the state can preserve its unique traditions while creating economic opportunities for its people. Strengthening IPR policies, increasing awareness, and encouraging registrations will ensure that Nagaland's heritage remains protected and continues to thrive in the modern economy.
By recognizing the value of its intellectual assets and taking proactive steps, Nagaland can set a precedent for how indigenous knowledge and creativity can embrace IPR as a tool for cultural preservation and economic development, securing its rightful place in both national and global markets. After all, if the world can patent a simple basmati grain, surely Nagaland's centuries old craftsmanship and traditions deserve more than just admiration they deserve rightful ownership.
Keviyabei Angami, a practicing Advocate at the Supreme Court of India. He is a student pursuing Diploma in Intellectual Property Rights at the National Law School of Indian University (NLSIU).
