The introduction of any policy defines the entire purpose and
vision of the frame-makers of that policy. In this case the law
makers have rightly given the ethos of the First National IPR
Policy of India which exclaims the slogan "Creative India,
Innovative India". On 12th May, 2016 the Union Cabinet of
India approved the country's first IPR Policy which lay the
future roadmap for intellectual property in India.
This visionary policy aims to create and exploit synergies
between all forms of Intellectual Property, its concerned statutes
and agencies. The policy seeks to recognize the abundance of
creative and innovative energies that flow in India, and the need
to tap into and channelise these energies into a better and
The Policy lays down seven objectives which are required to be
followed in order to achieve its prophetic goals. These objectives
IPR Awareness: To
create public awareness about the economic, social and cultural
benefits of IP among all sections of society for accelerating
development, promoting entrepreneurship, enhancing employment and
Generation of IP: To
stimulate the creation and growth of intellectual property through
measures that encourage IP generation.
Legal and Legislative
framework: To have strong and effective laws with regard
to IP rights which balance the interests of rights owners with
Management: To modernize and strengthen IP administration
for service-oriented IP management
IPRs: To augment commercialization of IP rights;
valuation, licensing and technology transfer.
Adjudication: To strengthen the enforcement and
adjudicatory mechanisms for combating IPR infringements.
Development: To strengthen and expand human resources,
institutions and combating IPR infringements.
The above objectives, if achieved, shall strengthen the
monitoring and implementation process of registration of the IPRs.
The Department of Industrial Policy & Promotion (DIPP) will be
the nodal agency to co-ordinate, guide and oversee implementation
and future development of IPR's in India.
While IPRs are becoming increasingly important in the global
arena, this National IPR Policy is a much needed legislation
required to establish a proper judicial framework for safeguarding
the innovation of creators. This policy highlights the importance
of IPR knowledge in India and suggests ways and means to create
awareness of the same. There has been quite a disparagement of this
policy with the regards to its idealistic views nevertheless; this
step of Government is surely a welcome change required in India to
establish a framework to stimulate Intellectual Property amongst
the creators and innovators.
The territorial jurisdiction to institute a trade mark infringement or copyright infringement case is turning into a battleground with contrary views being taken by the Delhi High Court and the Bombay High Court.
At least the Delhi High Court thinks so. In a recent judgment passed by the Delhi High Court in the case of The Chancellor, Masters & Scholars of the University of Oxford & Others Vs. Rameshwari Photocopy Services & Another, . . .
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