Introduction:
Intellectual Property Rights (IPR) play a vital role in driving innovation, fostering creativity, and ensuring fair competition in today’s knowledge-based economy. In 2016, India introduced its National IPR Policy with the objective of stimulating creativity, protecting intellectual property, and promoting its commercialization. This comprehensive policy aimed to create a robust and efficient IPR ecosystem that encourages innovation, protects intellectual property, and fosters a culture of respect for creativity across various sectors in India. However, in order to fully harness the potential of intellectual property in the country, it is imperative to identify areas for improvement and take necessary steps to strengthen the policy regularly. This blog discusses key measures that can be implemented to enhance India’s National IPR Policy, paving the way for a more innovative and prosperous future. But first, let’s look at what the 2016 India’s National IPR Policy states.
National Intellectual Rights Property Policy, 2016 is the first policy which was drafted to lay down the intentions of the Central Government for this regime. The major focus is to promote “Make in India” products. It intends to regulate the copyright law, which is managed by the Ministry of Human Resources and Development as well as the trademarks, patents, and designs act, which were overseen by Controller of Patents, Designs and Trademarks. Intellectual property is not a prominently sought after objective for most people in the Indian industry. Businesses have begun to recognize these rights because of their use as an economic tool and a marketable financial asset. The Indian Government has brought about several initiatives to aid and encourage small entities, startups and educational institutions to pursue IP filing as a rigorous practice. Intellectual Property also promotes the culture, biodiversity and traditional knowledge.
Objectives of the 2016 Policy:
- Awareness and Education:
One of the primary objectives of the National IPR Policy is to raise awareness about intellectual property rights among all stakeholders. The policy highlights the importance of educating creators, innovators, and the general public about different forms of intellectual property. Various awareness programs, workshops, and campaigns were launched to enhance knowledge and understanding of IPR.
- Strengthening Legislation:
To create a stringent legal framework for intellectual property protection, the policy emphasizes the need to support India’s IPR laws with international standards and best practices. Amendments were also made to existing legislation, including the Patents Act, Copyright Act, and Trademarks Act, to provide stronger protection and to enforce them effectively. Specialized IPR benches and tribunals were established for resolving IP disputes and with intent to ensure timely justice for rights holders and creating a healthy environment for innovation and creativity.
- Encouraging Innovation:
Realizing the crucial role of innovation in boosting economic growth, the National IPR Policy addresses the need to promote research and development activities in India. It aims to create a friendly environment for inventors, researchers, by mobilizing innovation in various ways, such as tax benefits, grants, and funding mechanisms. The policy encourages collaborations between academic, industry, and research institutions to create a boom in innovation ecosystems that facilitates the mutual benefit of technology and knowledge.
- Balancing IP Rights vis-à-vis Public Interest:
The National IPR Policy has shed light on the importance of striking a balance between protecting intellectual property rights as well as ensuring access to essential goods and services for the public. It recognized the significance of affordable healthcare, education, and technology for social welfare. The policy advocated for flexible approach provided under international agreements to promote access to medicines, technology transfer, and encourage the exchanging of knowledge for the benefit of society.
- International Cooperation and Collaboration:
India’s National IPR Policy called for the need of international cooperation in the field of intellectual property. It is determined to strengthen bilateral and multilateral engagements with other countries, organizationsto promote understanding, harmony and to build in the field of IPR. The policy came up with collaboration on IP-related research, sharing of mutual practices, andrecognition of intellectual property rights to buckle up innovation and enable global trade evolve.
- Catalyze Commercialization of IP rights
It refers to the process of accelerating and transforming innovative ideas and technologies into successful marketable products or services. It involves equalizing the value of intellectual property assets by strategically identifying capable business opportunities, securing licensing agreements, forming strategic partnerships,and ways of distribution and so on. By actively promoting and facilitating the commercialization of IP rights, inventors can unlock the economic potential of their innovations, drive growth and competitiveness, and ultimately acquire financial returns on their intellectual property investments.
Drawbacks of the Policy and Suggestions:
While the Policy of 2016 was drafted to specifically tend to the needs of the Indian industry, there are several drawbacks that have been highlighted as under. The policy does not reflect the socio-cultural effect that IP can have on the country. National IPR policies often struggle to adequately protect the intellectual property rights of indigenous communities and traditional knowledge holders.
It suggests that the , but does not look at the Council of Scientific and Industrial Research laboratories which have failed to yield patents that could earn CSIR revenue. The policy is more inclined towards the pharmaceutical industry. This has caused economic distress rather than relief. The most famous examples of this are Kingfisher and medicines supplied by India i.e., paracetmol to other nations during the COVID-19 pandemic. India has been at the forefront of providing affordable medicines to the world through itsgeneric pharmaceutical industry. While protecting intellectual property rights is essential, it is equally important to strike a balance between innovation and ensuring access to essential medicines. The policy should continue to promote the use of compulsory licensing for critical medications, especially during public health emergencies, while safeguarding the rights of innovators.
Harmonizing national IPR policies with international standards can be tough, as countries have different levels of development, economic priorities, and cultural differences. Sometimes patents and exclusive rights granted to inventors and creators may leads to monopolies or hiking of prices, making certain products unaffordable for those in need. This also creates economic competition between inventors/ companies and they end up in exploiting the public by making the product look necessary to sustain in the present world. Balancing the need for innovation with ensuring access to essential goods is an ongoing challenge for national IPR policies.The patent system itself can be complex and burdensome, especially for small inventors and entrepreneurs. The high cost involved with obtaining and defending patents, combined with lengthy and intricate application procedures, can create chaos to entry for innovators with limited resources.
Besides this, counterfeiting, piracy, and infringement are the major challenges faced by any country. Insufficient enforcement mechanisms, limited resources, and old-fashioned legal system creates difficulty in protecting intellectual property.Online piracy, copyright infringement, and the ease of replicating and distributing digital content have become significant concerns.Therefore, to leverage its potential fully, the policy should undergo periodic changes, enhancements, and review with global standards
Here are few suggested amendments to the policy to make it more viable:
- One of the primary challenges faced by India’s IPR policy is the weak enforcement of intellectual property rights. To overcome this there has to be a strengthen enforcement mechanisms by providing adequate resources, specialized training for law enforcement agencies, and establishing specialized IPR courts. All these shall encourage the stake holders to invest in research and development.
- To enhance India’s patent regime, efforts should be made to unleash the patent examination process, reduce the burden of pending applications, and improve the quality of patent examination to ensure the granting of valid and effective patents. Encouraging collaboration between patent offices and enhancing international cooperation will facilitate the development of best practices, harmonization of standards, and expedited processing of applications.
- Incorporating intellectual property education into the formal education system can play a significant role in nurturing a culture of innovation and respect for intellectual property rights.
- Effective commercialization of intellectual property is crucial for expanding its economic potential. The policy should focus on creating partnerships between research institutions, academic and industry to facilitate technology transfer and commercialization of intellectual property.
- The country is in dire need of more jurid=sdiction specific IP divisions under High Courts with technically trained Judges. Currently, there are 2 such divisions and there is sufficient evidence to substantiate its merits.
Conclusion:
India’s National IPR Policy which has been introduced in 2016, has played a pivotal role in creating an enabling environment for innovation, creativity, and intellectual property protection. This policy has been a significant step towards promoting innovation and immense importance in globalizing the Indian IP regime. Balancing the need for innovation with ensuring access to essential goods is an ongoing challenge for national IPR policies all around the world. To leverage its full potential, the policy should undergo periodic changes, enhancements, and review with global standards. As India continues to progress and evolve, the National IPR Policy serves as a guiding framework to ensure the effective protection and utilization of intellectual property rights for the benefit of all stakeholders and society at large.
