The Indian Cabinet on April 13, 2016 passed India's
first National Intellectual Property Rights (IPR) policy in a bid
to promote IP regime and encourage creativity, innovation and
entrepreneurship in India. The policy is a vision document that
seeks to provide stronger safeguard to IPR in India. By virtue of
this policy, from now onwards there will be a proper institutional
mechanism in place that will help in incorporating global best
practices in the India economy.
The primary objective of the policy is to put in place a legal
framework that will encourage the IPR regime and substantially
reduce the time taken by the governmental agency to approve a
trademark to as less as a month by 2017. The nodal agency for
regulating IP rights in the country will be the Department of
Industrial Policy and Promotion (DIPP).
The new policy lays down seven basic objectives –
1. IPR Awareness: Outreach and Promotion
– To create public awareness about the economic, social and
cultural benefits of IPRs among all sections of the society.
It aims to have a nationwide program of promotion with an aim to
improve the awareness about the benefits of IPR's and their
value to the rights-holders and the public. Such a kind of program
will build an atmosphere where creativity and innovation are
encouraged in public and private sectors, R&D centers, industry
and academia, leading to generation of protectable IP that can be
commercialized. Additionally, it proposes the need to open a
national research institute for IPR, to increase outreach.
2. Generation of IPRs – To stimulate
Indians to generate material for intellectual property
It recognizes the large talent pool that the country has, and a
need to tap this fertile knowledge resource and stimulate the
creation of IP assets. It recommends a comprehensive baseline
survey or IP audit across sectors that will enable assessment and
evaluation of the potential in specific sectors.
3. Legal and Legislative Framework – To
have strong and effective laws that balances the interests of
rights owners with lager public interest.
The existing IP laws in India was either enacted or revised
after the TRIPS Agreement and are fully compliant with it. These
laws along with various judicial decisions provide for a stable and
effective legal framework for protection and promotion of IPRs. It
provides for renewed commitment to the Doha Declaration on TRIPS
Agreement and Public Health.
4. Administration and Management – To
have a modern and service-oriented administration
The offices that administer the different Intellectual Property
Rights are the cornerstone of an efficient and balanced IPR system.
IPRs now have the twin challenges of making their operations more
efficient, streamlined and Cost effective. The administration if
the Copyright Act, 1957 and the Semiconductor Integrated Circuits
Layout-Design Act, 2000 is being brought under the aegis of DIPP,
besides constituting a Cell for IPR Promotion and Management
(CIPAM). It will facilitate more effective and synergetic working
between various IP offices, as also promotion, creation and
commercialization of IP assets.
5. Commercialization of IPR - Create value from
protected innovations through commercialization.
The value and economic reward for the owners of IP rights comes
only from their commercialization. Entrepreneurship should be
encouraged so that the financial value of IPRs can be captured. It
is necessary to connect investors and IP creators. Another
constraint faced is valuation of IP and assessment of the potential
of the IPRs for the purpose of marketing it.
6. Enforcement and Adjudication – To
strengthen the enforcement and adjudicatory mechanisms for
combating IPR infringement.
The need to build respect for IPR among the general public and
to sensitize the inventors and creators of IP on measures for
protection and enforcement of their rights. At the same time, there
is also a need to build the capacity of the enforcement agencies at
various levels, including strengthening of IPR cells in State
7. Human Capital Development – To
strengthen and expand human resources, institutions and capacities
for teaching, research and skill building in IPRs.
In order to harness the full potential of IPRs for economic
growth, it is essential to develop an increasing pool of IPR
professionals and experts in spheres such as policy and law,
strategy development, administration and enforcement.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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