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.
In its recent decision dated January 04, 2017 in Montblanc Simplo GmbH V. Gaurav Bhatia & Ors., CS (OS) 2563/2013, Hon'ble Ms. Justice Deepa Sharma of the Delhi High Court has restrained an e-commerce website going...
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In a recent case decided by the Delhi High Court, Justice R.K. Gauba granted a permanent injunction in favor of Mother Dairy, restraining the use of its trademark/trade dress by the S.K. Raheem & Others.
Just as in the case of physical property such as land, every owner of a Brand or Trademark has the right to sell, license, transfer, etc. its respective brand or trademark in accordance with legal procedures.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
Intellectual Property covers within its ambit a wide array of laws relating to Trade Marks, Copyright, Patents, Designs, Geographical Indications, Plant Varieties and Semiconductor Integrated Circuits Layout-Design.
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