Intellectual Property Rights (IPR) are significant in the modern globalized world. They are legal rights given to creators or innovators over their creations, thus, encouraging innovation and economic growth. Recently, the Indian Ministry of Commerce and Industry informed the Rajya Sabha about the Intellectual Property Rights Policy Management (IPRPM) Framework. In its essence, IPR fosters creativity and improves quality of life.
Understanding the IPRPM Framework
National IPR (Intellectual Property Rights) Policy 2016 embodied the IPRPM framework with the aim of integrating all IPRs into a single vision document. The vision document offers an institutional mechanism for the implementation, monitoring, and review of IP laws. The types of IPR covered under this framework range from Patents and Trademarks to Copyrights, Designs, Geographical Indications, Trade Secrets, and more.
Objectives of the IPRPM Framework
Building awareness around IPR and stimulating the generation of IPRs is a fundamental objective of the IPRPM Framework. This policy also aims at establishing strong and effective IPR laws that balance interests of rights owners with public interest. Other goals include modernizing IPR administration, enabling commercialization of IPRs, strengthening enforcement mechanisms against IPR infringements, and expanding resources for teaching, training, and research in IPRs.
Initiatives under National IPR Policy
Several initiatives have been introduced under the National IPR Policy. The National Intellectual Property Awareness Mission (NIPAM) aims at imparting IP awareness in educational institutes. National Intellectual Property (IP) Awards recognize and reward top achievers in IP creations and commercialization. There’s also a Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP) and a Patent Facilitation Programme designed to boost Patent applications and scout patentable inventions respectively.
What are Intellectual Property Rights (IPRs)?
Intellectual Property Rights are the exclusive rights given to creators or innovators over their creations for a certain period of time, as outlined in Article 27 of the Universal Declaration of Human Rights. IPR encourages innovation, spurs economic growth, safeguards creators’ rights, promotes ease of doing business, and facilitates the transfer of technology.
Challenges associated with IPR Regime
Despite its significance, the IPR regime faces several challenges. It has been accused of prioritizing patent-friendliness over public health and national interest. Data exclusivity issues have been raised by foreign investors and Multi-National Corporations (MNCs), leading to demands for a law on data exclusivity. There’s also a risk of anti-competitive market outcomes due to skewed enforcement of the Patents Act.
International and National Treaties and Conventions related to IPR
India is part of many global and national treaties that govern intellectual property rights. Globally, India is a member of the WTO, WIPO and is committed to the TRIPS Agreement. Nationally, the main law governing patents is the Indian Patent Act 1970, which was further amended by the Patents (Amendment) Act in 2005.
The Way Forward
Balancing patent protection with access to essential goods, like medicines, can be challenging, but it is crucial for India. Adopting measures that encourage innovation while ensuring access to affordable healthcare and other essential goods can be beneficial. Regular review and update of the IPR laws are required to remain relevant and effective in the ever-evolving landscape of technology and business models. Flexibility is crucial in the IPR regime to contend with emerging challenges such as those posed by digital technologies.
