The National Intellectual Property Rights policy was approved by the cabinet on May 12, 2016.
The Policy which is in compliance with WTO’s agreement on TRIPS (Trade Related aspects of IPRs), aims to sustain entrepreneurship and boost Prime Minister Narendra Modi’s pet scheme ‘Make in India.’
The policy will govern the following Acts: Patents, Trade Marks, Design, Geographical Indications of Goods, Copyright, Protection of Plant Varieties and Farmers’ Rights, Semiconductor Integrated Circuits Layout Design and Biological Diversity.
It is a “first of its kind” policy for India, covering all forms of intellectual property together in a single framework. The policy follows a completely new set of principles that are tilted in favour of intellectual property owners.
Highlights of IPR policy:
(i) The Policy aims to innovation and entrepreneurship, while protecting public interest.
(ii) It will be reviewed every five years in consultation with stakeholders.
(iii) Traditional Knowledge Digital Library (TKDL) is to be expanded to include other fields besides Ayurveda, Yoga, Unani and Siddha;Public research institutions may be allowed access to TKDL for further R&D, while private sector may also be engaged.
(iv) Regular and timely review of existing IPR laws and to update and improve them so as to remove anomalies and inconsistencies.
(v) The policy is entirely compliant with the WTO’s agreement on TRIPS. It intends to link with national initiatives such as “Make in India”, “Digital India”, “Skill India”, “Start Up India”, “Smart Cities” and other new initiatives.
(vi) Focus should be given on awareness generation and effective enforcement of IPRs.
(vii) India will engage constructively in the negotiation of international treaties and agreements in consultation with stakeholders. The government will examine accession to some multilateral treaties which are in India’s interest.
(viii) Department of industrial policy and promotion (DIPP) is now the nodal agency for all IPR issues. Copyrights related issues was earlier under Human Resource Development Ministry. Now, the administration of the Copyright Act, 1957 and the Semiconductor Integrated Circuits Layout-Design Act, 2000 is being brought under the aegis of DIPP, besides constituting a Cell for IPR Promotion and Management (CIPAM).
(ix) The office of Controller General of Patents, Designs and Trademarks will be re-designated as ‘Controller General of Intellectual Property Rights’ to reflect its mandate. Trademark offices have been modernised, and the aim is to reduce the time taken for examination and registration to just 1 month by 2017. At present, it takes up to 1 year.
(x) Films, music, industrial drawings will be all covered by copyright. The Policy contemplates amendment of Indian Cinematography Act, 1952 to provide for penal provisions for illegal duplication of films.
(xi) In line with the recent Startup India Policy, the IPR Policy introduces ‘first-time patent’ fee waiver and support systems for MSMEs.
(xii) The policy left the country’s patent laws intact and specifically did not open up Section 3(d) of the Patents Act, which sets the standard for what is considered an invention in India, for reinterpretation.
(xiii) India would retain the right to issue compulsory licenses to its drug firms, under “emergency” conditions, and would not immediately need to change patent laws that were already fully WTO-compliant.
(xiv) The IPR policy favoured the government considering financial support for a limited period on sale and export of products based on IPRs generated from public-funded research.
(xv) The Policy aims to resolve IP disputes through Commercial Courts, set up at appropriate level. It also aims at promoting alternate dispute resolutions (ADRs) in the resolution of IP cases by strengthening mediation and conciliation centers.
