Ipr policy
- 1. Prof & Lawyer. Puttu Guru PrasadProf & Lawyer. Puttu Guru Prasad 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, My Blog Link: puttuguru.blogspot.in
- 2. Various forms of IPRs 1. Patents 2. Copyrights 3. Trademarks 4. Industrial designs 5. Layout designs of ICs 6. Geographical Indications 7. Plant Varieties 8. Trade Secrets
- 3. National IPR Policy 2016 Aristotle once remarked, “Patience is bitter, but its fruit is sweet”. This quote has proved to be hundred percent true with respect to the National IPR policy, 2016. This much awaited policy finally received the cabinet approval on 13th May 20, 2016 and managed to garner a positive response from all the sectors.
- 4. National IPR Policy 2016 This all encompassing policy aims 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.
- 5. National IPR Policy 2016 India has a plethora of creative 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’.
- 6. The Rationale for IPR Policy The rationale for the National IPR Policy lies in the need to create awareness about the importance of IPRs as a marketable financial asset and economic tool. There is an abundance of creative and innovative energies flowing in India. India has a TRIPS compliant, robust, equitable and dynamic IPR regime.
- 7. Vision Statement 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.
- 8. Mission Statement Stimulate a dynamic, vibrant and balanced intellectual property rights system in India to: Foster creativity and innovation and thereby, promote entrepreneurship and enhance socio- economic 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.
- 9. Seven Objectives The Policy lays down Seven objectives 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.
- 10. Seven Objectives 5. 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
- 11. 1. IPR Awareness A Nation-wide program of promotion should be launched with an aim to improve the awareness about the benefits of IPRs and their value to the rights-holders and the public. The clarion call of the program would be the holistic slogan ““Creative India; Innovative India”Creative India; Innovative India”
- 12. 2. Generation of IPRs There is a need to tap this fertile knowledge resource and stimulate the creation of IP assets. A comprehensive base line survey or IP audit across sectors will enable assessment and evaluation of the potential in specific sectors, Especially MSMEs, Start-Ups and Grass root Innovators.
- 13. 3.Legal and Legislative Framework To have strong and effective IPR laws, which balance the interests of rights owners with larger public interest. India shall remain committed to the Doha Declaration on TRIPS Agreement and Public Health. At the same time, India is rich in traditional medicinal knowledge which exists in diverse forms in our country, and it is important to protect it from misappropriation. The laws along with various judicial decisions provide a stable and effective legal framework for protection and promotion of IPRs
- 14. 4.Administration and Management The Administration of the Copyright Act, 1957 and the Semiconductor Integrated Circuits Layout-Design Act, 2000 are being brought under the aegis of DIPP, besides constituting a Cell for IPR Promotion and Management (CIPAM). This will facilitate more effective and synergetic working between various IP offices, as also promotion, creation and commercialization of IP assets.
- 15. 5.Commercialization of IPR The 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.
- 16. 6.Enforcement and Adjudication There is a need to build respect for IPR among the general public and to sensitize the inventors and creators of IP on measures for protection and enforcement of their rights. At the same time, there is also a need to build the capacity of the enforcement agencies at various levels, including strengthening of IPR cells in State police forces.
- 17. 6.Enforcement and Adjudication Measures to check Counterfeiting and Piracy also need to be identified and undertaken. Regular IPR workshops/ Colloquia for judges would facilitate effective Adjudication of IPR Disputes. It would be desirable to adjudicate on IPR disputes through Specialized Commercial Courts. Alternative Dispute Resolution mechanism may also be explored.
- 18. 7.Human Capital Development In order to harness the full potential of 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.
- 19. Implementation While DIPP shall be the nodal point to coordinate, guide and oversee implementation and future development of IPRs in India, the responsibility for actual implementation of the plans of action will remain with the Ministries/ Departments concerned in their assigned sphere of work. Public and private sector institutions and other stakeholders, including State governments, will also be involved in the implementation process.
- 20. 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.
- 21. 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.
- 22. 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.
- 23. OVERVIEW The CGPDTM presently functions through Patent Offices at four locations (Chennai, Delhi, Kolkata, and Mumbai), Trademarks Offices at five locations (Ahmadabad, Chennai, Delhi, Kolkata and Mumbai), Geographical Indications Registry at Chennai and a Designs Wing at Kolkata. The Office of CGPDTM is also in charge of the Rajiv Gandhi National Institute of Intellectual Property Management at Nagpur.
- 24. The National Slogans IPR policy adopted the national 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.
- 25. The Highlights of IPR Policy The Policy aims to push IPRs as 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.
- 26. The Highlights of IPR Policy The policy is entirely compliant with the WTO’s 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 DIPP’s ambit from that of the Human Resource Development (HRD) Ministry.
- 27. The Highlights of IPR Policy Trademark offices have been modernized, and the aim is to reduce the time taken for examination and registration to just 1 month by 2017. The government has already hired around 100 new examiners for trademarks. Examination time for trademarks has been reduced from 13 months to 8 months, with the new target being to bring the time down to one month by March 2017.
- 28. The Highlights of IPR Policy It aims to Promote research and development through tax benefits. Proposal to create an effective loan guarantee scheme to encourage start-ups. “India will continue to utilize the legislative space and flexibilities available in international treaties and the TRIPS Agreement .” These flexibilities include the sovereign right of countries to use provisions such as Section 3(d) and CLs for ensuring the availability of essential and life-saving drugs at affordable prices.
- 29. The Highlights of IPR Policy The policy left the country’s patent laws intact and specifically did not open up Section 3(d) of the Patents Act, which sets the standard for what is considered an invention in India, for reinterpretation. On compulsory licensing (CL), India has issued only CL for a cancer drug. Mr. Jaitley said, “We rarely exercise this power.”
- 30. The incorporation of Section 3(d) The incorporation 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 by proving enhanced level of efficacy.
- 31. The incorporation of Section 3(d) The big multinational pharmaceutical companies having practically no restraint of amount for research and development occupied dominant 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.
- 32. The incorporation of Section 3(d) It is also important 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.
- 33. Thank youProf & Lawyer. Puttu Guru PrasadProf & Lawyer. Puttu Guru Prasad 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: [email protected] Cell: 93 94 96 98 98, 9059 457 336, My Blog Link: puttuguru.blogspot.in