Prof&Lawyer.

PuttuGuruPrasad
M.Com., M.B.A., L.L.B., M.Phil.,PGDFTM.,
AP.SET., ICFAI CMF., (PhD)at JNTUK.,
Senior Faculty for Management Science,
S&H Department, VVIT, Nambur,
MyBlogLink:puttuguru.blogspot.in

Various forms of IPRs

1. Patents
2. Copyrights
3. Trademarks
4. Industrial designs
5. Layout designs of ICs
6. Geographical Indications
7. Plant Varieties
8. Trade Secrets

National IPR Policy

2016
Aristotle once remarked,

Patience is bitter, but its fruit

is sweet.
This quote has proved to be hundred percent

true with respect to the National IPR policy,

2016. This much awaited policy finally
received the cabinet approval on 13th May
20, 2016 and managed to garner a positive
response from all the sectors.

National IPR Policy

2016
This all encompassing policy aims

at
establishing
a
holistic
atmosphere,
conducive for exploiting the full potential of
intellectual property, for the economic,
social and cultural development of the
nation.
The policy is one of its kind, which involves
every conceivable sector, right from a
village industry, to an academic and
research institution in the process of
successful creation and utilization of IP on
one hand, while balancing public interest
on the other.

National IPR Policy

2016
India has a Plethora of Creative

and
Innovative Energy flowing Ruthlessly,
which if Channelized correctly, will result in
a Global Transformation of its economy.
This has been Rightly Recognized by the
said policy which provides for Seven Broad
Objectives, which are explained below in
necessary detail, with the ultimate aim of
developing an Intellectual Economy.

The Rationale for IPR

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.
There is an Abundance of Creative and
Innovative Energies Flowing in India.
India has a TRIPS compliant, robust,
equitable and dynamic IPR Regime.

Vision Statement
An

India

where
creativity
and
innovation are stimulated by Intellectual
Property for the benefit of all;
An India where intellectual property
promotes advancement in science and
technology, arts and culture,
traditional
knowledge and biodiversity resources;
An India where knowledge is the main
driver of development, and knowledge
owned is transformed into knowledge shared.


Mission
Statement
Stimulate a Dynamic, Vibrant and Balanced
intellectual property rights system in India to:
Foster Creativity and innovation and thereby,
promote Entrepreneurship and enhance socioeconomic 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.

Seven Objectives
The Policy lays down Seven objectives
1.IPR Awareness:- Outreach and Promotion.
2.Generation of IPRs: - To stimulate the

generation of IPRs
3.Legal and Legislative Framework: - To
develop strong and effective IPR laws
4.Administration and Management: - To
modernize and strengthen service oriented
IPR administration.

Seven Objectives
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
5.

1. IPR Awareness
A Nation-wide Program of Promotion

should be launched with an aim to

improve
the awareness about the
benefits of IPRs and their value to the
rights-holders and the public.

The clarion call of the program

would be the holistic slogan

Creative India; Innovative India

2. Generation of IPRs
There is a need

to Tap this Fertile

Knowledge resource and Stimulate
the creation of IP assets.
A Comprehensive Base Line Survey
or IP audit across sectors will enable
assessment and evaluation of the
potential in specific sectors, Especially
MSMEs, Start-Ups and Grass Root
Innovators.

3.Legal and Legislative

Framework

To have strong and effective IPR laws,

which balance the interests
of rights
owners with larger public interest. India shall
remain committed to the Doha Declaration
on TRIPS Agreement and Public Health.
At the same time, India is rich in traditional
medicinal knowledge which exists in diverse
forms in our country, and it is important to
protect it from misappropriation.
The
laws along with various judicial
decisions provide a stable and effective
legal framework for protection and
promotion of IPRs

4.Administration and
Management

The Administration of the Copyright Act, 1957

and the Semiconductor Integrated Circuits
Layout-Design Act, 2000 are being brought under
the Aegis of DIPP, besides constituting a Cell
for IPR Promotion and Management (CIPAM).

This will facilitate more effective and synergetic

working between various IP offices, as also

promotion, creation and commercialization of IP
assets.

5.Commercialization
of
TheIPR
value and Economic Reward for the
owners of IP rights comes only from their
Commercialization. Entrepreneurship
should be encouraged so that the
financial value of IPRs is captured.
Another Constraint faced is valuation of
IP and assessment of the potential of the
IPRs for the Purpose of Marketing it.

6.Enforcement and
Adjudication

There is a need to Build Respect for IPR

among the general public and to Sensitize
the Inventors and Creators of IP on
measures for protection and enforcement of
their rights.
At the same time, there is also a need to
Build the Capacity of the Enforcement
Agencies at various levels, including
strengthening of IPR cells in State Police
Forces.

6.Enforcement and
Adjudication

Measures to check Counterfeiting and

Piracy also need
to be identified and
undertaken.
Regular
IPR
workshops/
Colloquia for judges would facilitate
effective Adjudication of IPR Disputes.
It would be desirable to adjudicate on IPR
disputes through Specialized Commercial
Courts.
Alternative
Dispute
Resolution Mechanism may also be
explored.

7.Human Capital
In order to Harness the full Potential of
Development
IPRs for economic growth, it is essential to
develop an increasing
Pool of IPR
Professionals and experts in spheres
such as Policy and Law, Strategy
Development,
Administration
and
Enforcement.
Such a Reservoir of Experts will
Facilitate in increasing generation of IP
assets in the country and their Utilization
for development purposes.

Implementation
While DIPP shall be the Nodal Point to

Coordinate,
guide
and
oversee
implementation and Future Development of
IPRs in India, the responsibility for actual
implementation of the plans of action
will
Remain with the Ministries/ Departments
concerned in their assigned sphere of work.
Public and private sector institutions and
other
stakeholders,
including
State
governments, will also be involved in the
implementation process.

OVERVIEW
The statutes governing different kinds of

IPRs in India are :

1.Patents Act, 1970;
2.Trade Marks Act,1999;
3.Designs Act, 2000;
4.Geographical Indications of Goods
(Registration and Protection) Act, 1999;
5.Copyright Act, 1957;
6.Protection of Plant Varieties and Farmers
Rights Act, 2001;
7.Semiconductor Integrated Circuits LayoutDesign Act, 2000 and
8.Biological Diversity Act, 2002.

OVERVIEW
The

Department of Industrial
Policy and Promotion (DIPP) is
entrusted with matters concerning
the specialized UN agency on IPRs,
the World Intellectual Property
Organization (WIPO), including
coordination with other concerned
Ministries or Departments.

OVERVIEW
The Controller General

of Patents,
Designs and Trade Marks (CGPDTM)
under the Department of Industrial
Policy and Promotion, Ministry of
Commerce and Industry is entrusted
with the responsibility of administering
the laws relating to Patents, Designs,
Trade Marks and Geographical
Indications within the territory of India.

OVERVIEW
The CGPDTM presently functions through Patent

Offices at four locations (Chennai, Delhi,

Kolkata, and Mumbai),
Trademarks
Offices
at
five
locations
(Ahmadabad, Chennai, Delhi, Kolkata and
Mumbai),
Geographical Indications Registry at Chennai
and a Designs Wing at Kolkata.
The Office of CGPDTM is also in charge of the
Rajiv
Gandhi
National
Institute
of
Intellectual Property Management at Nagpur.

The National Slogans

IPR policy adopted the national

slogan
Creative India; Innovative India and
launch an associated campaign
on
electronic, print and social media,
including by linking the campaign with
other national initiatives such as Make
in India, Digital India, Skill India,
Start Up India, Smart Cities and
other new initiatives in the future.

The Highlights of IPR

Policy
The Policy aims to push IPRs as

a
marketable
financial
asset,
promote
innovation and entrepreneurship, while
protecting public interest
The plan will be reviewed every five years in
consultation with stakeholders.
In order to have strong and effective IPR laws,
steps would be taken including review of
existing IP laws to update and improve
them
or
to
remove
anomalies
and
inconsistencies.

The Highlights of IPR

Policy
The policy is entirely compliant with the

WTOs agreement on TRIPS.

Special thrust on Awareness Generation
and Effective Enforcement of IPRs, besides
Encouragement of IP Commercialization
through Various incentives.
It suggests making the Department of
Industrial Policy and Promotion (DIPP) the
Nodal Agency for all IPR issues. Copyrights
related issues will also come under DIPPs
Ambit from that of the Human Resource
Development (HRD) Ministry.

The Highlights of IPR

Policy
Trademark offices have been Modernized,
and the aim is to Reduce the Time Taken for
examination and registration to just 1 month
by 2017. The government has already hired
around 100 New Examiners for trademarks.
Examination time for trademarks has been
reduced from 13 months to 8 months, with
the new target being to bring the time down to
one month by March 2017.

The Highlights of IPR

Policy
It aims to Promote research and development
through tax benefits.
Proposal to create an effective loan guarantee
scheme to encourage start-ups.
India will continue to utilize the legislative space
and flexibilities available in international treaties
and the TRIPS Agreement .
These flexibilities include the Sovereign Right of
countries to use provisions such as Section 3(d) and
CLs (compulsory licensing)
for ensuring the
availability of essential and life-saving drugs at
affordable prices.

The Highlights of IPR

Policy
The policy left the countrys patent laws
intact and specifically did not open up
Section 3(d) of the Patents Act, which
sets the standard for what is considered an
Invention
in
India,
for
ReInterpretation.
On compulsory licensing (CL), India has
issued only CL for a cancer drug. Mr.
Jaitley said, We rarely exercise this
power.

The incorporation of
The incorporation
Section
3(d) of Section 3(d)

by
way of amendment of 2005 has
attracted a lot of controversy and
criticism in the global pharmaceutical
market.
The true intent of this section is to
prevent the ever greening of
patents and promote enhanced level
of
innovation
byproving
enhancedlevelof efficacy.

The incorporation of
The big multinationalpharmaceuticalcompanies
Section
3(d)
havingpracticallyno
restraintofamount
forresearchand developmentoccupieddominant
position in the market.
To prevent abuse of this dominant position
in cases of life saving drugs and other critically
important drugs, it is paramount to protect the
interest of generic drug manufactures.
However this has to be a balanced approach so
that it does not affect adversely to the
economic and technological developments in
India.

The incorporation of
It is also important
Section
3(d) to understand

that
India being a developing country needs
Such Protection for its Generic Drug
Manufactures to promote significantly
incremental innovations.
Therefore, Health Concerns Play Chief
Role in determining various policies in
India and this also contributed for the
incorporation of Section 3 Clause (d) of
the Patents Act 2005.

Thank
you
Prof&Lawyer.PuttuGuruPrasad
M.Com., M.B.A., L.L.B., M.Phil.,PGDFTM.,
AP.SET., ICFAI TMF., (PhD)at JNTUK.,
Senior Faculty for Management Science,
S&H Department, VVIT, Nambur,
Email: pgpjntuk@gmail.com
Cell: 9394969898,9059457336,
MyBlogLink:puttuguru.blogspot.in