National Intellectual Property Rights Policy

The National Intellectual Property Rights Policy (‘IPR Policy’), which was announced by GoI, Department of Industrial Policy and Promotion (‘DIPP’) on May 12, 2016, recognises that the Indian regime on intellectual property rights (‘IPRs’) is compliant with the standards specified by the World Trade Organisation under the Agreement on Trade-Related Aspects of IPRs, and has identified certain objectives to promote an ecosystem to catalyze the full potential of IPRs. These objectives include:

i.  creating public awareness about the economic, social and cultural benefits of IPRs by launching campaigns linked to initiatives like “Make in India” and “Smart Cities”, specifically targeting industry and R&D entities, creating suitable course materials for educational institutions and sensitizing the media to IPRs;

ii.  evaluating potential in specific sectors through comprehensive base line surveys, formulating and implementing targeted programs for creating and utilizing IPRs, and devising mechanisms that benefit medium and small scale enterprises, start-ups and grassroot innovators;

iii.  carrying out appropriate legislative changes to update IPR laws in consonance with national needs and priorities and enhancing transparency and efficiency in administration and enforcement of laws, by undertaking adequate stakeholder consultation;

iv.  modernising and strengthening IPR administration by, inter alia, increasing manpower and focus on training officers to ensure that Indian IPR offices operate efficiently, while providing user friendly services;

v.  capitalizing the existing intellectual property assets in the country by, inter alia, setting up of a platform that functions as a common database of IPRs, which would allow interaction among potential users, buyers and funding institutions, thereby improving IP networking;

vi.  sensitizing creators of IPRs of their rights to enforcement and protection measures, strengthening IPR-targeted forces in State police forces and conducting IPR workshops at judicial academies for facilitating effective adjudication of IPR disputes; and

vii.  strengthening and expanding human resources, institutions and capacities for teaching, training, research and skill building in IPRs.

While the responsibility for actual implementation of the objectives will remain with the identified Ministries / Departments under the IPR Policy, DIPP will be the nodal point to coordinate, guide and oversee implementation and future development of IPRs in India.

Published In:Inter Alia - Quarterly Edition - October 2016 [ English Chinese japanese ]
Date: October 1, 2016