A patent agent offers his take on India's Intellectual Property Rights (IPR) legislation, measures being taken to combat infringement and how they tie in with the Make in India programme.
The 21st century belongs to entrepreneurs. Keeping that in mind the Department of Industrial Policy and Promotion (DIPP), Government of India, announced The National Intellectual Property Rights (IPR) Policy on May 13, 2016.
The aim of the policy is to create awareness about economic, social and cultural benefits of IPRs amongst all sections of the society. It is driven by the initiatives taken by the Prime Minister of India, Narendra Modi, to encourage creativity and innovation, and to channelise the same for better use in future.
The policy lays down seven objectives:
- IPR Awareness: To create public awareness about the economic, social and cultural benefits of IPRs among all sections of society.
- Generation of IPRs: To stimulate the generation of IPRs.
- Legal and Legislative Framework: To have strong and effective IPR laws, which balance the interests of rights owners with larger public interest.
- Administration and Management: To modernise and strengthen service-oriented IPR administration.
- Commercialisation of IPRs: Get value for IPRs through commercialisation.
- Enforcement and Adjudication: To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements.
- Human Capital Development: To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs.
The new Policy calls for:
- monitoring the work done by various Ministries and Departments by the Department of Industrial Policy & Promotion (DIPP), which will be the nodal department to coordinate, pivot, steer and oversee implementation and development of IPRs in India.
- providing financial support to classes like artisans, weavers & farmers i.e the less empowered groups of IP owners or creators through financial institutions like rural banks or cooperative banks offering IP-friendly loans.
- supporting financial aspects of IPR commercialisation, it asks for financial support to develop IP assets through links with financial institutions, including banks, VC funds, angel funds and crowd-funding mechanisms.
The focus of the policy is to create a comprehensive IP System and to draw a direct relation with the policy of “Make in India” of the government. The policy provides a framework and a direction in which the innovations in the field of Patents, Industrial Designs, Utility Models, Copyright, Traditional Knowledge and Geographical Indications are to be created, protected and enforced. However, remedial legislative steps would be required to be taken for effective implementation of the policy.
The IPR Policy has recognised the need to balance the IP Regime as a tool to attain economic advancement and to encourage innovation. In order to keep pace with further developments in IPRs, the policy will be reviewed after every five years.
The vision of the government of India in framing the policy is:
- where creativity and innovation are stimulated by Intellectual Property for the benefit of all
- where intellectual property promotes advancement in science and technology, arts and culture, traditional knowledge and biodiversity resources
- where knowledge is the main driver of development, and knowledge owned is transformed into knowledge shared
In a country like India more awareness about the creation, protection and enforcement of Intellectual Property Rights (IPR) would go a long way to encourage the Indian industry not only to innovate but also to protect and enforce their innovations.
There are still certain areas which would require further deliberations such as the principle of knowledge sharing and knowledge access. The utility models, so far, are not statutorily protected in India and the protection thereof under the policy may encourage the small and medium industry to protect their innovation. At the same time there is a reasonable apprehension about the enlargement of the protection to the objects which have fallen in public domain.
Amarjit Singh is Senior Partner at Amarjit & Associates in New Delhi and Patent Agent under the Indian Patents Act.