Intellectual Property Rights (IPR) are the rights granted to individuals for their creative and intellectual works. This article discusses the inception of the National Intellectual Property Rights (IPR) Policy, its objectives, various forms of IPR, related international treaties, and various initiatives.
National IPR Policy: An Introduction
Adopted by the Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce in 2016, the National Intellectual Property Rights (IPR) Policy aims to promote a culture of creativity and innovation in India.
The Evolution of IPR Ecosystem
Following the introduction of the National IPR Policy, significant changes have been observed in the IPR ecosystem. There has been considerable development in terms of structural and legislative changes, including the dissolution of the Intellectual Property Appellate Board (IPAB) in 2021.
Goals and Objectives of National IPR Policy
The policy primarily focuses on fostering a vibrant intellectual property regime within the country. It fosters IPR awareness, stimulates the generation of IPRs, and ensures efficient administration and management of IPRs. It also seeks to commercialize IPRs, strengthen their enforcement, and develop human resources in IPRs.
Understanding Intellectual Property Rights
IPR grants exclusive rights to creators over their creations for a specific period. They play a vital role in encouraging innovation, promoting economic growth, safeguarding creators’ rights, facilitating business operations, and enabling technology transfer.
Types of Intellectual Property Rights
IPRs can be broadly categorized into copyrights, industrial property rights, like trademarks, geographical indications, industrial designs, and trade secrets.
Role of International Treaties and Conventions
Various international treaties and conventions, overseen by the World Intellectual Property Organization (WIPO), dictate India’s IPR regime. India’s commitment to these global agreements contributes significantly to the development of its IPR landscape.
Review of National IPR Laws
The Indian Patent Act 1970, amended in 2005, serves as the principal law governing patents in India. It extends product patenting across all technology fields, replacing the previous Indian Patents and Designs Act 1911.
Issues Surrounding IPR Regime
Despite the IPR policy’s contribution to affordable drug availability globally, criticisms have been made concerning India’s patent establishment prioritizing patent-friendliness over public health and national interest. The policy has also faced scrutiny for allegedly fostering an anti-competitive market.
Balancing IPR Promotion with National Interest
While IPR promotion is crucial for attracting investment, maintaining a balance with public health obligations and national interests is equally important. Thus, the drive to “Make in India” should not compromise the vision of “Atmanirbhar Bharat” or self-reliant India.
