New National Intellectual Property Rights Policy
Creative India; Innovative India – The Union Cabinet on May 12, 2016 approved the National Intellectual Property Rights Policy that will lay the future road map for intellectual property in India. It is mandatory for every member state of WTO to frame its own Intellectual Property Rights Policy and I PR laws that are compliant with the WTO ’s agreement on TRIPS. The policy recognizes the abundance of creative and innovative energies that flow in India, and the need tap into and channelize these energies towards a better and brighter future for all.
The National I PR Policy is a vision document that aims to create and exploit synergies between all forms of intellectual property (IP), 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 M S M E `s, start-ups and other stake holders in the creation of an innovation-conducive environment, which stimulates creativity and innovation across sectors, as also facilitates a stable, transparent and service-oriented I PR administration in the country.The Policy recognizes that India has a well-established TRIPS-com-pliant legislative, administrative and judicial framework to safeguard I PRs, 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.
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 recognized. For this, domestic IP filings, as also commercialization of Innovation and sub-optimal spending on R&D too are issues to be addressed.
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.
Stimulate a dynamic, vibrant and balanced intellectual property rights system in India to;
Foster creativity and innovation and thereby, promote entrepreneurship and cultural development, and
Focus on enhancing access to healthcare, food security and environmental protection, among other sectors of vital social, economic and technological importance.
The Policy lays down the following seven objectives:
I PR Awareness: Outreach and Promotion : To create public awareness about the economic, social and cultural benefits of I PRs among all sections society.
Generation of I PRs : To stimulate the generation of I PRs.
Legal and Legislative Framework : To have strong and effective I PR laws, which balance the interests of rights owners with larger public interest.
Administration and Management : To modernize and strengthen service oriented IPR administration.
Commercialization of IPRs : Get value for I PRs 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.