The Union Cabinet approved India’s first Intellectual Property Rights (IPR) policy on 13-05-2016. This policy is for awareness, creation, commercialization, protection and enforcement of Intellectual Property in India. This policy is the result of the previously published draft IPR policy by the Indian Patent Office (IPO) on 9-01-2015 for the comments from the stakeholders. This present policy has been finalized after discussions and comments provided by the stakeholders. The structural basics of the policy are seven broad objectives which are as follows:
- Awareness: outreach and promotion
- Generation of IPRs
- Legal and legislative framework
- Administration and management
- Commercialization of IPR
- Enforcement and adjudication
- Human capital development
Under the aforementioned seven objectives, the policy seeks to cover aspects which are broadly summarized below:
- bringing the administration and implementation of all IP-related laws as well as Copyright Act, 1957 and Semiconductor Integrated Circuits Layout-Design Act, 2000 under the Department of Industrial Promotion and Policy (DIPP)
- Amending existing IP laws, rules and regulations in consultation with the stakeholders to bring clarity, simplification and transparency in administration and enforcement of IP rights.
- Creating awareness about the economic, social and cultural benefits of IPRs in India and launching a nationwide promotion program under the umbrella slogan “Creative India, Innovative India”.
- The aim of the policy is to formulate and implement sector-wise programs to tap the evaluated potential, assessing needs and providing support towards creation of IP.
- Providing incentives to promote R&D including tax benefits, financial support for sale of products based on IPR generated from public funded research. Promoting the infusion of funds to public R&D as a part of corporate social responsibilities of companies and strengthening the enforcement mechanism for better protection of IPR.
- Developing IPR expertise in industry, academia, legal practitioners, judiciary, IP users and civil society by proper training and introduction of multidisciplinary IP courses in all major training institutes such as judicial academies, the National Academy of Administration, police and customs academies etc.
- Increasing the manpower and enhance Information and Communications Technology (ICT) infrastructure at different offices that administer IPR to ensure document management, adherence to timelines and time bound disposal of IPR applications.
Note by Khaitan & Co, Advocates since 1911. For more information contact editors@khaitanco.com
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