The Government of India, Ministry of Commerce and Industry, Department of Industrial Policy and Promotion (DIPP) unveiled the National Intellectual Property Rights (IPR) Policy on May 12, 2016. This policy is one of the first governmental documents assessing the role of IPRs in the context of Indian growth and development.

Approved by the Indian Cabinet of Ministers on May 13, 2016, the policy is stated to be the foundation of the future roadmap for Intellectual Property in India. The governmental press release describes the policy as a vision document that “aims to create and exploit synergies between all forms of intellectual property (IP), concerned statutes and agencies.”

The policy echoes the government’s message that it is committed to a balanced yet robust ecosystem where the full potential of India’s creative and innovative energy is realized, whilst protecting public interest.

Key Elements of the Policy

“The rationale for the National IPR Policy lies in the need to create awareness about the importance of IPRs as a marketable financial asset and economic tool.” The policy aims to integrate IP as a core objective in national development plans.

The policy’s mission is stated to be to stimulate a dynamic vibrant and balanced intellectual property rights system in India to:

• foster creativity and innovation and thereby, promote entrepreneurship and enhance socio-economic and cultural development, and
• focus on enhancing access to healthcare, food security and environmental protection, among other sectors of vital social, economic and technological importance

To this end, seven key objectives are listed, namely:

1. IPR Awareness: Outreach and Promotion – to create public awareness about the economic, socio and cultural benefits of IPRs among all sections of society;
2. Generation of IPRS – to stimulate the generation of IPRs;
3. Legal and Legislative Framework – to have strong and effective IPR laws which balance the interests of rights owners with larger public interest;
4. Administration and Management – to modernize and strengthen service-oriented IPR administration;
5. 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, institutions and capacities for teaching, training, research and skill building in IPRs

Some Key Takeaways:

Some of the more relevant statements and action points listed in the policy are:

1. The prevailing Indian legal system is TRIPS compliant and India remains committed to the Doha Declaration on TRIPS and Public Health. While a major rewrite of existing legislation appears unlikely, the policy acknowledges existing laws will be reviewed to remove anomalies and inconsistencies. Further, improvement and update of existing provisions with stakeholder consultation is envisaged to ensure a globally compatible system.
2. Governmental administration of IP will be centralized for better implementation. The DIPP under the Ministry of Commerce will become the nodal government department to coordinate, administer and implement the IPR policy objectives. Most existing IP offices, including the Copyright office will be brought under the DIPP’s control.
3. Administration and Enforcement of IP will be made a simpler, more transparent and time bound process. IP Offices will streamline and modernize their working to ensure a user-friendly and service oriented regime. Regular training of IP Office staff will be undertaken to ensure a competent and efficient administrative regime.
4. Cooperation with IP offices from other countries will be increased to adopt best practices; internal working and procedures will be standardized across all IP Offices.
5. Indian IP offices will adhere to fixed timelines for grant of registration and will adopt best practices with respect to maintenance of digital records. Tracking systems will be introduced. Registration and Opposition timelines will be significantly reduced.
6. Enforcement mechanisms will be strengthened by various means such as institution of procedures for better coordination between various agencies, introduction of best practices from around the world, removal of jurisdictional difficulties amongst enforcement authorities and establishment of IP cells at the state government level to curb IP offences.
7. Judicial adjudication will be made more effective and efficient through the introduction of specialized commercial courts; introduction of regular IP workshops at judicial academies, training programs for judges and improved capabilities for promotion of ADR mechanisms as a viable means of resolution.
8. Cooperation at the International and bilateral level will be enhanced through Indian Diplomatic missions to follow IP developments globally.
9. Because awareness of IP as a cultural and financial asset and economic tool is limited in India, measures to improve awareness through outreach initiatives, educational programs, introduction of IP in curriculum at various levels, etc. will be implemented.
10. The Government will study best practices and success stories in other countries to design and launch public outreach programs.
11. Public-private partnership in awareness programs will be encouraged and the government will engage stakeholders to this end. Support and encouragement will be offered to Corporations (Indian and Multinational) to develop IP programs for propagation amongst employees and the public.
12. An industry-academic interface will be created to encourage IPR driven research and innovation.
13. Promote commercialization through easy access to IPR platforms; Support to IP generators; Incentives to promote R&D initiatives in India such as tax benefits, simplification of procedures, amongst others will be considered.
14. Protection of Trade Secrets will be studied.
15. The Government will play an active role in facilitating the transfer of IPRs from creators/innovators and potential users/buyers.
16. Private sector institutions, trade associations and other stakeholders will be encouraged to play an active part in the implementation process.

In sum, the policy aims to reinvigorate the IP landscape in India and spells out the Government’s intention to prioritize the knowledge economy. Some of its objectives, such as the revamp of the administrative and procedural setup at the IP office level, and institution of commercial courts have already been introduced. However, the development of a robust and inclusive system depends on the amount of engagement between the Government and various stakeholders, something that requires pro-activeness from both sides.