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DAILY NEWS ANALYSIS

11 April, 2020

22 Min Read

GS-I : Social issues Women
PCPNDT Act: AIDWA

PCPNDT Act: AIDWA

Part of: GS Prelims and GS-II- Governance (PT-MAINS-PERSONALITY TEST)

The All India Democratic Women’s Association (AIDWA) has asked the government to withdraw an order that could weaken the implementation of the law banning pre-natal sex determination.

Important Points

  • AIDWA referred to the gazette notification issued by the Health Ministry on 4th April 2020, which suspended Rule 8, Rule 9(8) and Rule 18A(6) of the Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act, 1994.
  • The suspended clauses deal with:
    • Process for renewal of registration of genetic and ultrasound clinics.
    • Responsibilities of labs and clinics in maintaining and preserving records of all tests, techniques and procedures and sending a report to the concerned appropriate authority.
    • Duties of district authorities in sharing a quarterly progress report.
  • After seeing the resistance, the Health Ministry clarified that the move only allowed an extension of the deadline for submitting the progress reports until 30th June 2020.
  • The AIDWA has rejected the government's explanation and has asked the government to revoke the notification.
    • It has highlighted that the suspension of these rules throughout the country would mean that clinics and genetic labs can carry on functioning without any scrutiny.
    • This is the only scrutiny that these labs are subjected to, to assess their adherence to the basic rules and to ensure that sex selection is not being carried out by them.
  • It has suggested that the government can issue an administrative order to delay the submission of the reports under Rule 9(8) and 18A(6) till 30th June while making it clear that the relevant records must be maintained as mandated by the PCPNDT Act.
    • However, the application for re-registration should not be allowed to be postponed since this can be done online.

Pre-Conception and Pre-Natal Diagnostic Techniques Act

  • It was enacted in 1994 and amended in 2003.
  • It is an important tool for addressing sex selective eliminations.
  • Objectives:
    • To ban the use of sex selection techniques before or after conception.
    • To prevent the misuse of prenatal diagnostic technique (PDNT) for sex selective abortion.
  • Offences under the act include:
    • Conducting or helping in the conduct of prenatal diagnostic technique in the unregistered units.
    • Sex selection on a man or woman.
    • Conducting PNDT for any purpose other than the one mentioned in the act.
    • Sale, distribution, supply, renting etc. of any ultrasound machine or any other equipment capable of detecting sex of the foetus.

All India Democratic Women's Association

  • It is an independent left oriented women's organisation committed to achieving democracy, equality and women's emancipation.
  • It was founded in 1981 as a national level mass organisation of women.
  • Its members are from all strata in society, regardless of class, caste and community. About two-thirds of the organization's strength is derived from poor rural and urban women.

It upholds secular values and challenges and resists cultural practices demeaning to women and believes that the emancipation of women in India requires fundamental systemic change.

Source: TH

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GS-II :
China became top patent filer via PCT system and WIPO

China became top patent filer via PCT system

Part of: GS Prelims and GS-III- Economy-Labour

For the year 2019, China has become the world leader in international patent filings via WIPO’s Patent Cooperation Treaty (PCT) with a total of 58,990 applications surpassing the United States (US), which was at top spot since the PCT began operations in 1978.

  • In 2019, Asian-based applicants accounted for 52.4% of all filings while Europe accounted 23.2% followed by North America (22.8%).
  • It should be noted that for the third consecutive year, Chinese telecoms giant Huawei topped the global ranking in 2019 with 4,411 PCT applications. It was followed by Mitsubishi of Japan, which made 2,661 filings, Samsung of South Korea with 2,334 filings and Qualcomm of the US with 2,127 filings.

The system of registering international patents involves three main categories viz. International patent system (Patent Cooperation Treaty – PCT), International trademark system (Madrid System), and International design system (Hague System). Following tables shows the ranking among these 3 systems:

International patent applications by origin (PCT System) Total 265,800

Rank

Country

Number of Applications

1

China

58,990

2

United States of America (USA)

57,840

3

Japan

52,660

14

India

2,053

PCT applicants by educational institution

Rank

Educational Institute

Country

Number of Applications

1

University of California

USA

470

2

Tsinghua University

China

265

3

Shenzhen University

China

247

58

Indian Institute of Technology

India

58

International trademarks applications by origin (Madrid System) Total 64,400

Rank

Country

Number of Applications

1

United States of America (USA)

10,087

2

Germany

7,700

3

China

6,339

24

India

460

Point to be noted – Nirsan Connect Private Limited of Gurugram, Haryana in India ranked 4th among the top Madrid applicants with 124 filers which is topped by L’OREAL France with 189.

International industrial designs by origin (Hague System) Total 21,807

Rank

Country

Number of Designs

1

Germany

4,487

2

Republic of Korea

2,736

3

Switzerland

2,178

53

India

3

Point to be noted: The top Haugue applicant was Samsung Electronics company limited of the Republic of Korea with 929 filers.

Key Points:

-International patent applications filed via the PCT grew by 5.2% (265,800 applications) in 2019, while international trademark applications via the Madrid System for the International Registration of Marks increased by 5.7% (64,400 applications). Protection for industrial designs via the Hague System for the International Registration of Industrial Designs saw a 10.4% growth (21,807 designs).

-In 1999, WIPO received 276 applications from China. By 2019, that number rose to 58,990, a 200-fold increase in 20 years.

WIPO (PT PICKSUP)

The World Intellectual Property Organisation or WIPO is a UN specialised agency created in 1967 to promote intellectual property (IP) protection and encourage creative activity all over the world. WIPO is basically a global forum for IP policy, services, information and cooperation.

What is WIPO?

  • The World Intellectual Property Organisation or WIPO is a global body for the promotion and protection of Intellectual Property Rights (IPR).
  • It acts as a global forum for IP Services.
  • WIPO is a self-funded agency of the United Nations.
  • With 192 members, WIPO’s motto is to encourage creative activity, to promote the protection of intellectual property throughout the world.
  • It is at present headed by Francis Gurry, who is its Director-General. WIPO is headquartered in Geneva, Switzerland.
  • WIPO has its origins in the United International Bureaux for the Protection of Intellectual Property (BIRPI) which was established in 1893.

WIPO’s Mandate

‘WIPO is dedicated to developing a balanced and accessible international Intellectual Property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest.’

Functions of WIPO

The World Intellectual Property Organisation (WIPO) was established with the intent to perform the following functions:

  • To assist the development of campaigns that improve IP Protection all over the globe and keep the national legislations in harmony.
  • Signing international agreements related to Intellectual Property Rights (IPR) protection.
  • To implement administrative functions discussed by the Berne and Paris Unions.
  • To render legal and technical assistance in the field of IP.
  • To conduct research and publish its results as well as to collect and circulate information.
  • To ensure the work of services that facilitates the International Intellectual Property Protection.
  • To implement other appropriate and necessary actions.

WIPO Treaties

Name of the Treaty

Description

WIPO Performance and Phonograms Treaty (WPPT)

WPPT deals with the rights of two types of beneficiaries, especially in the digital environment: For example:

  • Singers, Actors, Musicians, etc. (Performers)
  • Producers of Phonograms

Budapest Treaty

International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure was the purpose of this treaty.

Madrid Protocol for the International Registration of Marks

The Protocol ensures the protection of a mark in many countries by securing an international registration that has effect in all of the designated Contracting Parties.

Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities

Marrakesh Treaty allowed copyright exceptions that facilitated the creation of accessible versions of books. It also provided copyrighted works for the visually impaired.

WIPO Copyright Treaty

It dealt with the Protection of works and the rights of their authors in the digital environment.

WIPO Treaties India is a part of are :

  • IPO Convention (1975)
  • Paris Convention (1998)
  • Berne Convention (1928)
  • Patent Cooperation Treaty (1998)
  • Phonograms Convention (1975)
  • Nairobi Treaty (1983)

India acceded to all of the above treaties. India was the first country to ratify the Marrakesh Treaty.

WIPO Publications

  • The Global Innovation Index (GII) is a global ranking for countries for success in and capacity for innovation.
    • It is published by the WIPO in association with Cornell University and graduate business school INSEAD.
    • The index ranks countries based on 80 indicators, ranging from intellectual property filing rates to Research and Development, online creativity, mobile application creation, computer software spending, education spending, scientific & technical publications and ease of starting a business.

World Intellectual Property Organisation (WIPO):-

The World Intellectual Property Organisation or WIPO is a UN specialised agency created in 1967 to promote intellectual property (IP) protection and encourage creative activity all over the world. WIPO is basically a global forum for IP policy, services, information and cooperation.

Is India member of WIPO?

  • Yes, India is a member of the World Intellectual Property Organisation (WIPO).
  • India joined the organisation in 1975.

What are the 4 types of intellectual property?

The four types of intellectual property include:

    • Trade Secrets
    • Trademarks
    • Copyrights
    • Patents

About WIPO:

A global forum for intellectual property policy, services, information and cooperation is a specialized agency of the United Nations (UN).

Member states– 193

Director General– Francis Gurry

Headquarter– Geneva, Switzerland

Jai Hind Jai Bharatyes

Source: TH/WEB

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GS-II :
ICDS HITS due to Lockdown

ICDS HITS due to Lockdown

Part of: GS Prelims and GS-II- Governance (PT)

News

Due to Covid-19 lockdown, implementation of the Integrated Child Development Services (ICDS) is affected in large pockets across Maharashtra.

Integrated Child Development Services (ICDS) Programme

  • The programme provides specific interventions targeted towards the vulnerable groups including children below 6 years and women.
    • Under it, anganwadi centres across India serve nutritious meals (hot cooked meals) to children and nursing mothers.
  • It is being implemented by the Ministry of Women and Child Development.
  • It is a centrally sponsored scheme and provides a package of six services namely supplementary nutrition, pre-school non-formal education, nutrition & health education, immunization, health check-up and referral services.
  • About 87 lakh children aged up to 6 years are beneficiaries of the scheme,they are served by nearly 90,000 anganwadis.

Important Points

  • Anganwadis are closed due to lockdown and the delivery of Hot Cooked Meals (HCM) has completely halted in some pockets.
  • In some areas of the State, beneficiaries are beginning to receive grocery supplies instead of Hot Cooked Meals (HCM). However, there are wide complaints of inadequate supplies.
  • Even, the districts where malnutrition is a recurring problem haven't received the grocery material.
    • On 31st March, 2020, ICDS Commissionerate ordered that the HCM be replaced by grocery packages.
  • Where the material (grocery packages) has arrived there are multiple operational problems.
    • In many villages it’s not possible to go door-to-door, houses are far apart.
    • It is being said that the government is not providing any additional funds for gloves and masks.
    • Beneficiaries are gathering at the anganwadi, which is hampering social distancing.
  • Another dilemma is that the grocery packages will most certainly be consumed by the entire household. Women who are pregnant or lactating, could benefit the least as they’re generally the last to eat.

Source: IE

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