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Q. National Intellectual Property Rights Policy: Comment on recently realised National Intellectual Property Rights Policy.
May 18, 2016 Related to : GS-Paper-3

Ans :

Introduction-

Intellectual property rights are the rights given to the person or organisation over the creations of their minds. Usually it gives the exclusive right to creator over the use of their creation for a certain period of time. Some common types of intellectual property rights (IPRs) are trademarks, copyright, patents, industrial design rights etc.

TRIPS (Trade-Related Aspects of Intellectual Property Rights) is an international agreement administered by the WTO that sets down minimum standards for many forms of intellectual property (IP) regulation as applied to nationals of other WTO Members.

National IPR Policy-

  • Recently central government has released new IPR policy that is compliant with global norms. The objectives of new IPR policies are given below.
  • To create public awareness about the economic, social and cultural benefits of IPRs among all sections of society.

  • To create an environment where people can think innovatively and generate innovation in every field, so that foreign dependence can be reduced.

  • To create balanced structure of legal framework to protect intellectual property, while balancing the interest of intellectual property owners with larger public interest.

  • To modernise and strengthen service-oriented IPR administration.

  • To enable Indian companies/owners to get value for IPRs through commercialisation.

  • To strengthening the enforcement and adjudicatory mechanisms for combating IPR infringements (stealing).

  • To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs.

Analysis-

  • In the contemporary global arena IPRs are becoming increasingly important, hence there is need increase awareness on IPRs in India, be it regarding the IPRs owned by one-self or to respect for other’s IPRs. The importance of IPRs as a marketable financial asset and economic tool also needs to be recognised. In this direction new IPR policy is welcome move which are incompatible with global norms.

  • The policy does a reasonably good job of striking a balance between public interest on the one hand and the need to protect and incentivise innovation on the other and it also acknowledged the systemic flaws and moots governance changes, which will boost the ease of doing business and spur research.

  • A huge number of patents and trademark applications were pending in the country, the move to reduce the processing time for IPRs is a welcome initiative.

  • The move to unify the administration of all aspects of IPRs under the department of industrial policy and promotion is a step in the right direction.

Issues-

  • Many observers’ feels that new policy sees IPR’s as end in itself, and it may encourage to commercialisation. But most of the research in India is conducted in universities which are publicly funded hence intellectual property is meant to be used, not to be hoarded.

  • Commercialised IPRs alone cannot spur creativity, given the current state of science education, for that there is need to create a level playing field between big and small players, providing the latter with access to both funds and infrastructure.

  • Many countries of developed world particularly USA has put India’s IPR laws under watch, because India ruled out any changes in Section 3 (d) of the Patents Act, which disallows the extension of a patent on the basis of frivolous’ changes.

Conclusion-

21st century is a knowledge driven era, in this time there is need to protect and promote creativity for overall economic growth of the nation. By promoting the creativity and innovation and thereby, it will promote entrepreneurship and helps in enhancing socio-economic and cultural development of the nation. Also being developing country new IPR policy strikes the right balance between larger public interest with that of IPR owners. In this direction newly realised IPR policy, which is compatible with the global norms is welcome move.


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