You are on page 1of 19

National Intellectual Property Rights(IPR) Policy:

SYNOPSIS:

1) Introduction.

2) Vision statement.

3) Mission statement.

4) Objectives.

5) Salient features.

6) Innovation and intellectual property.

7) Rights to investors.

8) Other intellectual properties.

9) Conclusion.

1
Page
Introduction:

“Creative India; Innovative India: रचनात्मक भारत; अभभनव भारत”

The Union Cabinet has approved the National Intellectual Property

Rights (IPR) Policy on 12th May, 2016 that shall lay the future roadmap

for IPRs in India. The Policy recognises the abundance of creative and

innovative energies that flow in India, and the need to tap into and

channelize these energies towards a better and brighter future for all.

The National IPR Policy is a vision document that encompasses and

brings to a single platform all IPRs. It views IPRs holistically, taking

into account all inter-linkages and thus 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.

The Policy recognizes that India has a well-established TRIPS-

compliant legislative, administrative and judicial framework to

safeguard IPRs, 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.

With this document, India aims to place before the world a vibrant and
2

predictable IP regime, which stimulates creativity and innovation


Page
across sectors, as also facilitates a stable, transparent and service-

oriented IPR administration in the country.

An IPR Think Tank was constituted to undertake an in-depth study on

the IPR scenario in the country and prepare a draft National IPR

Policy. It engaged actively with various stakeholders from all over the

world. Based on the comments received from the public, various

Ministries/ Departments, in-depth deliberations and the inputs

received from the Think Tank, the National IPR policy was formulated.

The broad contours of the National IPR Policy are delineated below:

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.

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


3

development, and
Page
 focus on enhancing access to healthcare, food security and

environmental protection, among other sectors of vital social,

economic and technological importance.

Objectives:

Objective 1

IPR Awareness: Outreach and Promotion - To create public awareness

about the economic, social and cultural benefits of IPRs among all

sections of society The 21st century belongs to the knowledge era and

is driven by the knowledge economy. 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. Such a program will build an atmosphere where creativity

and innovation are encouraged in public and private sectors, R&D

centers, industry and academia, leading to generation of protectable IP

that can be commercialized. It is also necessary to reach out to the

less-visible IP generators and holders, especially in rural and remote

areas. The clarion call of the program would be the holistic slogan.

Objective 2

Generation of IPRs - To stimulate the generation of IPRs India has a

large talent pool of scientific and technological talent spread over R&D

institutions, enterprises, universities and technical institutes. There is


4

a need to tap this fertile knowledge resource and stimulate the


Page
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, and thus formulate and implement targeted programs.

Focus will be placed on facilitating researchers and innovators

regarding areas of national priority. The corporate sector also needs to

be encouraged to generate and utilize IPRs. Steps also need to be

taken to devise mechanisms so that benefits of the IPR regime reach

all inventors, especially MSMEs, start-ups and grassroot innovators.

Objective 3

Legal and Legislative Framework - To have strong and efective IPR

laws, which balance the interests of rights owners with larger public

interest The existing IP laws in India were either enacted or revised

after the TRIPS Agreement and are fully compliant with it. These laws

along with various judicial decisions provide a stable and effective legal

framework for protection and promotion of IPRs. India shall remain

committed to the Doha “Creative India; Innovative India and to the

Declaraton 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.

Objective 4
5
Page
Administration and Management - To modernize and strengthen service

oriented IPR administration The Offices that administer the different

Intellectual Property Rights (IPOs) are the cornerstone of an efficient

and balanced IPR system. IPOs now have the twin challenges of making

their operations more efficient, streamlined and cost effective, with

expanding work load and technological complexity on one hand, and

enhancing their user-friendliness by developing and providing value

added services to the user community on the other. The administration

of the Copyright Act, 1957 and the Semiconductor Integrated Circuits

Layout-Design Act, 2000 is 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

commercialisaton of IP assets.

Objective 5

Commercializaton of IPR - Get value for IPRs through

commercializaton The value and economic reward for the owners of IP

rights comes only from their commercializaton. Entrepreneurship

should be encouraged so that the financial value of IPRs is captured. It


6

is necessary to connect investors and IP creators. Another constraint


Page
faced is valuation of IP and assessment of the potential of the IPRs

for the purpose of marketing it. Efforts should be made for creation

of a public platform to connect creators and innovators to potential

users, buyers and funding institutions.

Objectve 6

Enforcement and Adjudication - To strengthen the enforcement and

adjudicatory mechanisms for combating IPR infringements 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. Measures to

check counterfeitng 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 specialised commercial courts.

Alternative Dispute Resolution mechanism may also be explored.

Objective 7

Human Capital Development - To strengthen and expand human

resources, institutions and capacities for teaching, training, research

and skill building in IPRs In order to harness the full potential of IPRs
7

for economic growth, it is essential to develop an increasing pool of IPR


Page
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

The present IP Policy aims to integrate IP as a policy and strategic tool

in national development plans. It foresees a coordinated and integrated

development of IP system in India and the need for a holistic approach

to be taken on IP legal, administrative, institutional and enforcement

related matters. 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.

Salient Features:

i. Cell for IPR Promotion and Management (CIPAM): A Cell

CIPAM shall be created as a professional body under aegis of

DIPP to address the 7 identified objectives of the Policy. Among

other aspects, it shall study IP processes to simplify and

streamline them, monitor public grievances, oversee capacity


8

building of human resources and institutions for outsourced


Page
search activities, promote commercialization of IPRs and

endeavor to provide a platform to connect innovators and

creators to potential users, buyers, investors and funding

institutions. It will coordinate with agencies at State level and

with the various Ministries/ Departments of the Union

Government. The data generated at CIPAM shall serve as a

valuable resource for future policy.

ii. Awareness Campaign: To be launched in schools, institutions of

higher education like engineering colleges and law schools, centres

of skill development, industry clusters etc, it aims to foster an IP

culture in the country by creating awareness about the economic,

social and cultural benefits of IPRs among all sections and

enabling people to realize the value of their IPs as also respect

for other IPRs. Syllabi and suitable course materials to

emphasize importance of IPRs, shall be formulated for

educational institutions at all levels.

iii. IP Cells: IP cells shall be created in key Ministries/ Departments

of the Govt of India, which are vital the field of IPRs, as well as

in State Governments, Industry associations and clusters and

major academic institutions. CIPAM shall coordinate with the

Cells.
9
Page
iv. Generation, registration and commercialization: The Policy aims

to encourage creativity and innovation, leading to generation of

IPs and their protection through IPRs. Registration of

Geographical Indications (GIs) shall be encouraged through

support institutions. Action shall be taken to encourage R&D as

well as to improve IPR output from Govt laboratories and

organizations, with special focus on national priority areas.

Apart from creation of IPRs, for their effective commercialisation, it

is essential to Identify opportunities for marketing Indian IPR-based

products, especially GIs, and services to a global audience.

v. Traditional Knowledge Digital Library (TKDL): TKDL’s ambit is

to be expanded to include other fields besides Ayurveda, Yoga,

Unani & Siddha. The possibility of using TKDL for furthering R&D

by public research institutions and private sector will be

explored.

vi. The Policy recognizes the importance of effective coordination

between Patent office and National Biodiversity Authority for

speeding up the disposal of patent applications using biological

resources and associated TK.

vii. Cadre Management in IP Offices: The Policy recognizes the

crucial role of a motivated work force in productivity


10

enhancements. The organizational and cadre structure of the


Page
Indian IP Offices shall be studied and reviewed with a view to

enhance efficiency and productivity.

viii. Access to Medicines: Access to affordable medicines and other

healthcare solutions is becoming a challenge for all countries.

India too faces a growing challenge on this count. The Policy

recognises this and aims to enhance this by (a) encouraging cross-

sector partnerships between public sector, private sector,

universities and NGOs; (b) promoting novel licensing models, and

(c) developing novel technology platforms.

ix. Piracy/ Counterfeiting: Offline and online piracy is a serious

concern and needs to be combated through public awareness as

also legal and enforcement mechanisms.

x. Assistance to smaller firms: Smaller firms need assistance for

protection of their IPRs internationally. Schemes such as DeitY's

Support for International Patent Protection in Electronics and IT

(SIP-EIT) are to be enhanced.

xi. Judicial Awareness & Resolution of IP disputes: Since IPRs are

a specialised discipline, awareness amongst the judiciary is crucial

since judicial precedents set the tone of the country’s IP regime.

For this, it is important that IP modules for judges be

formulated, including regular IP workshops / colloquia at the


11
Page
judicial academies. Commercial Courts set up at appropriate levels

will be responsible for adjudicating IP disputes.

Resolution of IP cases through Alternate Dispute Resolution methods

shall reduce burden on judiciary and provide speed and inexpensive

resolution of disputes. Mediation and conciliation centres need

strengthening, and ADR capabilities and skills in the field of IP

developed.

xii. Review: A detailed review of IPR Policy shall be undertaken every

five years. Continuous and regular Review will be done by a

Committee to be constituted for this purpose under the

Secretary, DIPP.

Innovation and Intellectual Property

Innovation means doing something new that improves a product,

process or service. Many innovations can be protected through

intellectual property (IP) rights.

Inventions and patents

Inventions are the bedrock of innovation. An invention is a new solution

to a technical problem and can be protected through patents. Patents


12

protect the interests of inventors whose technologies are truly


Page
groundbreaking and commercially successful, by ensuring that an

inventor can control the commercial use of their invention.

An individual or company that holds a patent has the right to prevent

others from making, selling, retailing, or importing that technology.

This creates opportunities for inventors to sell, trade or license their

patented technologies with others who may want to use them.

The criteria that need to be satisfied to obtain a patent are set out

in national IP laws and may differ from one country to another. But

generally, to obtain a patent an inventor needs to demonstrate that

their technology is new (novel), useful and not obvious to someone

working in the related field. To do this, they are required to describe

how their technology works and what it can do.

A patent can last up to 20 years, but the patent holder usually has to

pay certain fees periodically throughout that 20-year period for the

patent to remain valid. In practice, this means that if a technology has

limited commercial value, the patent holder may decide to abandon the

patent, at which point the technology falls into the public domain and

may be freely used.


13
Page
Patent information

In addition to recognizing and rewarding inventors for their

commercially successful technologies, patents also tell the world about

inventions. In order to gain patent protection for their invention, the

inventor must provide a detailed explanation of how it works. In fact,

every time a patent is granted, the amount of technological

information that is freely available to the general public expands.

WIPO is making this and other IP-related information freely available

to the public through its global databases. The largest of these – it is

also one of the largest in the world – is

PATENTSCOPE. It contains over 50 million patent applications that can

be searched free of charge. The aim in making this information widely

available is to spark new ideas and promote more innovation, and also to

help narrow the knowledge gap which exists in developing and least

developed countries.

PCT – The International Patent System

A patent is a private right that is granted by a government authority.

It only has a legal effect in the country (or region) in which it is

granted. So inventors or companies that want to protect their


14
Page
technology in foreign markets need to seek patent protection for their

new technologies in those countries.

WIPO’s Patent Cooperation Treaty (PCT) is designed to make the

process of obtaining patent protection in up to 152 different

countries easier and less costly.

Within a year of filing for patent protection in their own country,

inventors can set in motion the process of obtaining patent protection

in each of the markets in which they wish to sell their technology by

filing a single international application via the PCT. This offers many

potential advantages:

 Any rights granted using the PCT flow from the initial filing date of

the national patent application.

 Users benefit from a common set of rules and regulations which have

been agreed upon and are followed by all 152 members of the Treaty.

This means there is a high level of legal certainty and no nasty

surprises.

 The full cost of obtaining patents in multiple countries – which can be

quite high – are deferred by up to 18 months. This means that

applicants have an opportunity to test the market or to attract new

business partners.

Users of the PCT automatically benefit from an assessment which


15


Page

gives informal (non-binding) feedback on the patentability of their


technology. This can be very helpful in shaping a company’s patenting

strategy.

Rights to inventors:

How patents can support inventors and improve lives

1. Patents recognize and reward inventors for their commercially-

successful inventions. As such they serve as an incentive for

inventors to invent. With a patent, an inventor or small business

knows there is a good chance that they will get a return on the

time, effort and money they invested in developing a technology. In

sum, it means they can earn a living from their work.

2. When a new technology comes onto the market, society as a whole

stands to benefit – both directly, because it may enable us to do

something that was previously not possible, and indirectly in terms

of the economic opportunities (business development and

employment) that can flow from it.

3. The revenues generated from commercially successful patent-

protected technologies make it possible to finance further

technological research and development (R&D), thereby improving

the chances of even better technology becoming available in the

future.

4. A patent effectively turns an inventor’s know-how into a


16

commercially tradeable asset, opening up opportunities for business


Page
growth and job creation through licensing and joint ventures, for

example.

5. Holding a patent also makes a small business more attractive to

investors who play a key role in enabling the commercialization of a

technology.

6. The technical information and business intelligence generated by

the patenting process can spark new ideas and promote new

inventions from which we can all benefit and which may, in turn,

qualify for patent protection.

7. Patent information can be mapped, offering policy makers

useful insights about where technology R&D is taking place and by

whom. This information can be useful in shaping policy and

regulatory environment that allows innovation to thrive.

8. A patent can help stop unscrupulous third parties from free

riding on the efforts of the inventor.

Other intellectual property rights

Other IP rights can also be used to protect a new technology, product

or service. For example:

Copyright protects artistic expressions like music, films, plays, photos,

artwork, works of architecture and other creative works. The term


17

“creative works” is defined very broadly for copyright purposes, such


Page
that copyright may be used to protect functional texts such as user

guides and product packaging as well as works of art.

Design rights protect the shape and form of a product, i.e., what it

looks like (whereas the functionality of a product – how it works – is

protected by a patent). Companies invest a great deal of time and

money in coming up with new and attractive designs that seduce

consumers into buying their products. Design is now widely recognized

as a key determinant of commercial success.

Trademarks are signs that are capable of distinguishing the goods or

services of one enterprise from those of others. Trademarks are

indispensable tools in today’s business world. They help companies

expand their market share and they help consumers identify the

products they want to buy in a crowded market place.

Trade secrets can be used to protect the “know-how” of a business.

Essentially, laws relating to trade secrets mean that some people (e.g.,

a company’s employees) may have a legal duty to keep certain

information confidential (see Eight steps to secure trade secrets).

An invention can be protected as a trade secret or through a patent.

Many businesses use trade secrets to protect their know-how, but

there are downsides in doing this. From the company’s point of view it

may be risky because once information is disclosed legitimately (e.g., if


18

someone else works out how an invention works), it will no longer be


Page
protected. And from a public interest viewpoint, trade secrets are less

beneficial than patents because they do not involve any sharing of

technical information.

Conclusion:

This article explains and gives an overview of Intellectual Property

Rights Policy and Act established in India and the rights enjoyed by

inventors for the Intellectual Property. The reference was made and

the source of information would be the national portal and the Act of

Intellectual Property Rights.

19
Page