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17 May 2016

Long awaited IPR policy gets Cabinet approval: Is India ready for sweeping change in its IPR System?

With the objective of stimulating India’s intellectual property rights (IPR) system to make it more dynamic, vibrant and responsive to the growing push being given to innovation and entrepreneurship, the Union Cabinet has approved the National IPR Policy on 12th May 2016. This was announced via a press release dated 13th May 2016.  

The policy draft was prepared by an IPR Think Tank constituted way back in 2014 (refer to our previous blog here). After much controversy on the first draft that came out last year, it is a good move, especially when India is seeking to attract foreign direct investment and is promoting “Make in India”.   

The policy is supposed to be a vision document to guide the Government on best practices to be followed in trademark offices, patent offices and other government offices dealing with IPRs to enhance efficiency and transparency in their functioning. The policy is expected to create a more IP-friendly ecosystem by connecting various stakeholders such as the government, educational institutes, corporates including MSMEs, R&D centres, start-ups etc. In turn, this is expected to stimulate creativity and innovation.

The policy has laid down seven specific objectives which are expected to be achieved through a detailed action plan. The Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce & Industry, Government of India is expected to monitor implementation of the policy:

The IPR Policy lays down the following seven objectives:

  • IPR Awareness: Outreach and Promotion – To create awareness about the economic, social and cultural benefits of IPRs among public;
  • Generation of IPRs – To stimulate the creation and protection of IPRs;
  • Legal and Legislative Framework – To have strong and effective laws, which balance the interests of rights owners with larger public interest;
  • Administration and Management – To modernize and strengthen service-oriented and people friendly IPR administration;
  • Commercialization of IPRs – Assist IPR owners in getting value for their IP through commercialization;
  • Enforcement and Adjudication – To strengthen the enforcement and adjudicatory system for combating IPR infringements; and
  • Human Capital Development – To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs.

The policy endeavours to foster an India that is more creative and more innovative so that sectors of social, economic, technological and environmental importance evolve even more rapidly. As always, though, policies are only enabling frameworks. To what extent it will translate into desired behaviours and actions only time will tell.

 

Source: pib.nic.in 

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