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Culture Documents
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,
MyBlogLink:puttuguru.blogspot.in
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
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
This
will
facilitate
more
effective
and
synergetic working between various IP offices,
as
also
promotion,
creation
and
commercialization of IP assets.
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 DIPP
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.
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,
MyBlogLink:puttuguru.blogspot.in