India: Cabinet Approves India's IPR Policy "Creative India; Innovative India: रचनात्मक भारत; अभिनव भारत"-

Last Updated: 2 August 2016
Article by Priyanka Rastogi

Most Read Contributor in India, September 2016

The Union Cabinet on 13 May 20161 approved the National Intellectual Property Right (IPR) policy roadmap to foster creativity and innovation, promote entrepreneurship and enhance socio development, enhance access to healthcare, food security and environmental protection. The Policy recognizes the abundance of creative and innovative energies that flow in India, and the need to tap into and channelize these energies towards a better and brighter future for all.

The National IPR Policy is a vision document that aims to create and exploit synergies between all forms of intellectual property (IP), concerned statutes and agencies. It sets in place an institutional mechanism for implementation, monitoring and review. It aims to incorporate and adapt global best practices to the Indian scenario. This policy shall weave in the strengths of the Government, research and development organizations, educational institutions, corporate entities including MSMEs, start-ups and other stakeholders in the creation of an innovation-conducive environment, which stimulates creativity and innovation across sectors, as also facilitates a stable, transparent and service-oriented IPR administration in the country.2

The Policy lays down the following seven objectives:

  1. 1.IPR Awareness, outreach and promotion;
  2. Stimulate generation of IPR;
  3. 3.Legal legislative Framework;
  4. 4.Administration and Management;
  5. Commercialization of IPR;
  6. 6.Enforcement and Adjudication
  7. Human Capital Development

It is mentioned in the policy that these objectives are sought to be achieved with detailed action points. It is further mentioned that the respective departments shall be monitored by Department of Industrial Policy Promotion (DIPP) which shall be the nodal department to coordinate the implementation and future developments of IPR in India.

The Policy recognizes that India has a well-established TRIPS-compliant legislative, administrative and judicial framework to safeguard IPR. Further it meets international obligations while utilizing the flexibilities provided in the international regime to address its developmental concerns.3

The broad contours of the National IPR Policy are as follows4:


An India where creativity and innovation are stimulated by Intellectual Property for the benefit of all; an India where intellectual property promotes advancement in science and technology, arts and culture, traditional knowledge and biodiversity resources; an India where knowledge is the main driver of development, and knowledge owned is transformed into knowledge shared.


Stimulate a dynamic, vibrant and balanced intellectual property rights system in India to:

  • foster creativity and innovation and thereby, promote entrepreneurship and enhance socioeconomic and cultural development, and
  • focus on enhancing access to healthcare, food security and environmental protection, among other sectors of vital social, economic and technological importance.


To create public awareness about the economic, social and cultural benefits of IPR among all sections of society the policy mandates a list of step which can be summarized as below:

i. By launching associated campaign on electronic, print and social media and by linking the campaign with other national initiatives such as "Make in India", "Digital India", "Skill India", "Startup India", "Smart cities" and other new initiatives in future.

ii. Customizing programs for MSMEs, startups, R&D institutions, universities, colleges, inventors, creators, entrepreneurs; Reaching out to IP generators in rural and remote areas; case studies of successful use of IPRs, promoting high quality and cost-effective innovation, involving eminent personalities as 'ambassadors' of IP, creating materials for IP promotion in multiple languages.

iii. Create awareness programs providing scientists/ researchers with a deeper understanding to protect their inventions, Engaging public and private research organizations to create campaigns for IP creation, Encouraging MNCs to develop IP programs for their employees, creating materials for MSMEs to develop and protect IP.

iv. Create well publicized events and ongoing programs to emphasize the importance of IP.

v. Create suitable course materials for educational institutions at all levels, apart from it creating online and distance learning programs for all categories of users; Including IPR at school curriculum at appropriate level

vi. Engage with media to sensitize them regarding IP related issues.


The Policy suggests the following steps taken towards attaining this objective,

i. To take steps to increase domestic filings of patent applications. To stimulate large corporations both Indian and foreign, that have R&D operations to create, protect and utilize IPR in India;

ii. Improve awareness of the value of copyright for creators, the importance of their economic and moral rights;

iii. To promote 'infusion of funds to public R&D units' as a part of corporate social responsibility to foster culture of open innovation. Traditional Knowledge Digital Library (TKDL) to be allowed access for further R&D in case of public research institutions.

iv. Encourage the registration of Geographical Indications (GIs) through support institutions; assist GI producers to define and maintain acceptable quality standards and providing better marketability.

v. Encourage creation of design related IP rights by identifying, nurturing and promoting the aspects of innovation protectable under the design law and educating designers to utilize and benefit from their designs.


The policy describes the difficulty to predict the reach of existing laws in a changing and dynamic knowledge fields, therefore it becomes necessary to carry out legislative changes as may be required from time to time. The steps suggested by the policy on attaining this objective are as follows:

i. Revision of existing IP laws wherever necessary if any in consultation with stakeholders; engage constructively in the negotiation of international treaties and agreements in consultation with stakeholders; Engage worldwide to protect traditional knowledge, genetic resources and traditional cultural expressions.

ii. Review and update IP related rules, guidelines, procedures and practices for clarity, simplification, streamlining, transparency and time bound processes in administration and enforcement of IP rights;

iii. To identify important areas of study such as IP interface with competition law and policy; Provide guidelines for authorities whose jurisdictions impact administration or enforcement of IPR such as patents and Biodiversity; protection of trade secrets.

iv. To examine the issues of technology transfer, know-how and licensing on fair and reasonable terms and provide a suitable legal frame work to address these issues.


i. The administration of Copyright Act 1957 along with the Office of the Registrar of Copyrights, under the Department of Higher Education as well as the administration of the Semiconductor Integrated Circuits Layout Design Act 2000 along with the office of the Semiconductor Integrated Circuits LAYOUTDesign Registry under the Department of Electronics and Information Technology is being transferred to DIPP.

ii. The office of Controller General of Patents, Design, Trademarks (CGPDTM) has undergone up gradation in the last few years and mentions a list of changes such as fixing and adhering to timelines of registrations and disposal of opposition matters, adopting best practices of filing and docketing of documents, maintenance of records, user-friendly IP offices, to expedite digitization of Design office to enable online filing, examine joining of Centralized Access and Examination (CASE) and WIPO Digital Access Services (DAS) and few other changes in order to advance further.

iii. The office of Registrar of Copyrights will take measure to digitize copyrights records and introduce online facility, upgrade manpower resources for effective management as well as streamline processes for the grant of Copyrights.


It is described in the policy that a common public platform can serve as a database of IPRs would help creators and innovators connect to potential users, buyers and funding institutions. Few pivotal points mentioned in the policy can be summarized as below:

i. Promote licensing and technology transfer for IPR; devising suitable contractual and licensing guidelines to enable commercialization of IPR; promote patent pooling and cross licensing to create IPR based products and services. Examine standard Essential Patents (SEPs) on fair, reasonable and non-discriminatory terms.

ii. Facilitating investments in IP driven industries and services through the proposed IP Exchange for bringing investors/funding agencies and IP owners/users together. Promote use of Free and Open source software along with adoption of open standards.


In order to strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements the policy suggests various steps. The important points are summarized below:

i. Measures to check counterfeiting and piracy are to be undertaken by the Government; To engage with all levels of industry, including e-commerce, in order to create respect for IP rights and devise collaborative strategies and tools; To undertake stringent measures to curb manufacture and sale of misbranded, adulterated and spurious drugs; measures to combat online and offline piracy;

ii. To strengthen the enforcement mechanisms for better protection of IP rights by augmenting manpower, infrastructure facilities and technological capabilities of the enforcement agencies and building capacity to check proliferation of digital crimes;

iii. Licensing practices or conditions that may have an adverse effect on competition will be addressed through appropriate measures, including regulation of anti-competitive conduct in the market by the competition commission of India; to adjudicate IP disputes through commercial courts, set up at appropriate level.


The steps to be taken as mentioned in the Policy to strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPR can be summarized in the following points. It is mentioned in the Policy that the Department of Industrial Policy and Promotion shall be the nodal point to coordinate, guide and oversee the implementation and future development of IPRs in India.

i. To strengthen and empower Rajiv Gandhi National Institute of Intellectual Property and Management, Nagpur to conduct training for IPR administrators, managers in industry and business, academicians, R&D institutions, IP professionals, inventors and civil society; train the trainers and develop training modules; develop links with other similar entities at the international level; provide legal training for examiners

ii. Strengthen IP teaching, Research and Training in collaboration with WIPO, WTO and other International Organizations and reputed foreign Universities.


The approved IPR policy is comprehensive that reiterates India's stand in terms of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). A systematic implementation of the steps and strategies mentioned in the Policy will promote for a holistic and conducive environment to tap the full potential of Intellectual Property Rights for the country's growth and economic development.


1 Rights/National_IPR_Policy_12.05.2016.pdf



4 Ibid

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.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.