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India Gets its First IPR Policy
May 14, 2016

The Union Government approved the National Intellectual Property Rights (IPR) Policy that will lay the future roadmap for intellectual property in India. 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, 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.

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

  • It reiterates India’s commitment to the Doha Development Agenda and the TRIPS agreement.

Broad Contours of the Policy

1. Vision Statement: 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.

2. Mission Statement: Stimulate a dynamic, vibrant and balanced intellectual property rights system in India to:
 

  • Foster creativity and innovation and thereby, promote entrepreneurship and enhance socio-economic and cultural development.

  • Focus on enhancing access to healthcare, food security and environmental protection, among other sectors of vital social, economic and technological importance.

Objectives of the Policy

  • IPR Awareness: Outreach and Promotion - To create public awareness about the economic, social and cultural benefits of IPRs among all sections of society.

  • Generation of IPRs: To stimulate the generation of IPRs.

  • Legal and Legislative Framework: To have strong and effective IPR laws, which balance the interests of rights owners with larger public interest.

  • Administration and ManagementP: To modernize and strengthen service-oriented IPR administration.

  • Commercialization of IPRs: Get value for IPRs through commercialization.

  • Enforcement and Adjudication: To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements.

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

These objectives are sought to be achieved through detailed action points. The action by different Ministries/Departments shall be monitored by Department of Industrial Policy & Promotion (DIPP) which shall be the nodal department to coordinate, guide and oversee implementation and future development of IPRs in India.

While IPRs are becoming increasingly important in the global arena, there is a need to increase awareness on IPRs in India, be it regarding the IPRs owned by oneself or respect for others’ IPRs. The importance of IPRs as a marketable financial asset and economic tool also needs to be recognised. For this, domestic IP filings, as also commercialization of patents granted, need to increase. Innovation and sub-optimal spending on R&D too are issues to be addressed.


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