National IPR Policy 2016

-A future Roadmap
Introduction:- Creative India, innovative
India
 IP is a creation of mind, Whereas IPR is recognition of that creation by the
Society and by law.
 Protected through Trademarks, Copyright, Patent, Designs etc..,
 Union Cabinet12th may 2016
 Released by Finance Minister Arun Jaitley
 Complaint with WTO-TRIPS
 Designed for ease of business, attracting potential investors and strategic
partners.
 Claims to have been Pressurized by US.
 Vision Statement

 Stimulate creativity and innovation

 Benefit for all
 Promote advancement of science, technology, arts and culture, traditional
knowledge and biodiversity.
 Knowledge owned transformed to Knowledge Shared.
 Aims to create, exploit synergies between all forms of intellectual property.
 Places an Institutional mechanism for implementation, monitoring and
review-DIPP
 Features/objectives:

 IPR Awareness: public awareness of economic,social and cultural benefits of IPRs among
all sections of society.
 Generation of IPRs- Innovation.
 Legal and legislative framework-strong and effective IPR laws(balance of rights with
public interest)
 Administration and management – By 2017,Patent application to 18 months from 5-7
years, Trademark registration to one month from 13 months. IP office effective and
efficient work.
 Commercialization of IPRs-Meeting of investors and creators.
 Enforcement and adjudication-The commercial Division of HC Bill,2017-spl benches for IP
disputes. Chandrababu naidu in Amaravati.
 Human Capital development-To strengthen and expand human resources, institutions and
capacities for teaching, training, research and skill building in IPRs
Department of Industrial Policy and
Promotion (DIPP)
 The action of different ministries and departments monitored.
 It shall guide, coordinate and oversee implementation and future
development of IPR in India.
 Nodal agency for all IPR issues
 The Administration of the Copyright Act,1957
 - Semiconducter Intergrated Circuits Layout-Designs Act,2000
 Cell for promotion and Management is to be created(CIPAM)-#letsIPtalk
campaign (geographical Indications).
 Highlights
 Push IPR as Marketable financial asset
 Plan reviewed every five years in consultation with stakeholders
 Copyrights issues will also come within ambit of DIPP from HRD Ministry.
 Aim to reduce examination and registration to 1 month.
 Films, Music, industrial drawings will be covered under copyright.
 Facilitate domestic IPR filings, from IPR generation to commercialization.
 Encourage loan guarantee scheme for start ups.
 Utilisation of flexibilities and legislative space in TRIPS-Sec.3(d) of Patent Act and CL’s-only
cancer drug so far.
 Criticisms
 Restricted use of CLs by India, which arose the dispute between US and India under Sec.3(d) of
the Patent Act.
 The IPR policy suffers from a fundamental flaw – its assumption that more IP translates to more
innovation. It fails to appreciate that IP is not an end in itself but a mere means to an end. It is
just one tool in our tool kit for spurring innovation and creativity. The policy advocates that “all
knowledge should be converted to IP” whereas the fact is IP does not work well in certain
technology sectors, for which a free flow of knowledge is more suitable.
 The policy suggests that our informal economy in rural areas needs a strong dose of IP.
Superimposing a formal IP regime in the informal economy may do more harm than good as we
have still not understood this informal economy and how creativity takes place and how
knowledge is shared here.
 There is a reasonable apprehension about the enlargement of the protection to the objects
which fall in the public domain.
 Experts also feel that the National IPR policy lacks specifics and won’t be enough to foster
innovation.