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Prof & Lawyer. Puttu Guru Prasad
Prof & Lawyer. Puttu Guru Prasad
PuttuGuruPrasad
M.Com., M.B.A., L.L.B., M.Phil.,PGDFTM.,
AP.SET., ICFAI TMF., (PhD)at JNTUK.,
Senior Faculty for Management Science,
S&H Department, VVIT, Nambur,
at
establishing a holistic atmosphere, conducive
for exploiting the full potential of intellectual
property, for the economic, social and
cultural development of the nation.
The policy is one of its kind, which involves
every conceivable sector, right from a
village industry, to an academic and
research institution in the process of
successful creation and utilization of IP on
one hand, while balancing public interest
on the other.
and
innovative energy flowing ruthlessly, which
if channelized correctly, will result in a
global transformation of its economy.
This has been rightly recognized by the
said policy which provides for seven broad
objectives, which are explained below in
necessary detail, with the ultimate aim of
developing an Intellectual Economy.
Vision Statement
An India where creativity and innovation
Mission
Statement
Seven Objectives
The Policy lays down Seven
objectives
which are elaborated with steps to be
undertaken by the identified nodal Ministry/
Department. The objectives are briefly
mentioned below.
1.IPR Awareness:- Outreach and Promotion.
2.Generation of IPRs: - To stimulate the
generation of IPRs
3.Legal and Legislative Framework: - To
develop strong and effective IPR laws
4.Administration and Management: - To
modernize and strengthen service oriented
IPR administration.
Seven Objectives
Commercialization of IPR: - Get value
for IPRs through commercialization
6. Enforcement and Adjudication: - To
strengthen
the
enforcement
and
adjudicatory mechanisms for combating
IPR infringements.
7. Human Capital Development: - To
strengthen
and
expand
human
resources
5.
1. IPR Awareness
A nation-wide program of promotion
2. Generation of IPRs
There is a need
4.Administration and
Management
5.Commercialization
of
TheIPR
value and economic reward for the
owners of IP rights comes only from their
commercialization.
Entrepreneurship
should be encouraged so that the financial
value of IPRs is captured.
Another constraint faced is valuation of IP
and assessment of the potential of the IPRs
for the purpose of marketing it.
6.Enforcement and
Adjudication
6.Enforcement and
Adjudication
7.Human Capital
In order to harness the full potential of
Development
IPRs for economic growth, it is essential to
develop an increasing
pool of IPR
professionals and experts in spheres such
as
policy
and
law,
strategy
development,
administration
and
enforcement.
Such a reservoir of experts will facilitate
in increasing generation of IP assets in the
country
and
their
utilization
for
development purposes.
Implementation
While
OVERVIEW
The statutes governing different kinds of IPRs
in India are :
Patents Act, 1970;
Trade Marks Act,1999;
Designs Act, 2000;
Geographical Indications of Goods (Registration and
Protection) Act, 1999;
Copyright Act, 1957;
Protection of Plant Varieties and Farmers Rights Act,
2001;
Semiconductor Integrated Circuits Layout-Design
Act, 2000 and
Biological Diversity Act, 2002.
OVERVIEW
The
Department of Industrial
Policy and Promotion (DIPP) is
entrusted with matters concerning
the specialized UN agency on IPRs,
the World Intellectual Property
Organization (WIPO), including
coordination with other concerned
Ministries or Departments.
OVERVIEW
The Controller General
of Patents,
Designs and Trade Marks (CGPDTM)
under the Department of Industrial
Policy and Promotion, Ministry of
Commerce and Industry is entrusted
with the responsibility of administering
the laws relating to Patents, Designs,
Trade Marks and Geographical
Indications within the territory of India.
OVERVIEW
The CGPDTM presently functions through Patent
slogan
Creative India; Innovative India and
launch an associated campaign
on
electronic, print and social media, including
by linking the campaign with other national
initiatives such as Make in India,
Digital India, Skill India, Start Up
India, Smart Cities and other new
initiatives in the future.
a
marketable
financial
asset,
promote
innovation and entrepreneurship, while
protecting public interest
The plan will be reviewed every five years in
consultation with stakeholders.
In order to have strong and effective IPR laws,
steps would be taken including review of
existing IP laws to update and improve
them
or
to
remove
anomalies
and
inconsistencies.
agreement on TRIPS.
Special thrust on awareness generation and
effective
enforcement
of
IPRs,
besides
encouragement of IP commercialization through
various incentives.
It suggests making the department of
industrial policy and promotion (DIPP) the
nodal agency for all IPR issues. Copyrights
related issues will also come under DIPPs ambit
from that of the Human Resource Development
(HRD) Ministry.
The incorporation of
The incorporation
Section
3(d) of Section 3(d)
by
way of amendment of 2005 has
attracted a lot of controversy and
criticism in the global pharmaceutical
market.
The true intent of this section is to
prevent the ever greening of
patents and promote enhanced level
of
innovation
byproving
enhancedlevelof efficacy.
The incorporation of
The big multinationalpharmaceuticalcompanies
Section
3(d)
havingpracticallyno
restraintofamount
forresearchand developmentoccupieddominant
position in the market.
To prevent abuse of this dominant position in
cases of life saving drugs and other critically
important drugs, it is paramount to protect the
interest of generic drug manufactures.
However this has to be a balanced approach so
that it does not affect adversely to the economic
and technological developments in India.
The incorporation of
It is also important
Section
3(d) to understand
that
India being a developing country needs
such protection for its generic drug
manufactures to promote significantly
incremental innovations.
Therefore, health concerns play chief
role in determining various policies in
India and this also contributed for the
incorporation of section 3 clause (d) of
the Patents Act 2005.
Thank
you
Prof&Lawyer.PuttuGuruPrasad
M.Com., M.B.A., L.L.B., M.Phil.,PGDFTM.,
AP.SET., ICFAI TMF., (PhD)at JNTUK.,
Senior Faculty for Management Science,
S&H Department, VVIT, Nambur,
Email: pgpjntuk@gmail.com
Cell: 9394969898,9059457336,