This article is written by Mitali Yadav, Managing Partner, Alba Law Offices, a Delhi based full service law firm.
In India there are multiple laws, rules, regulations and governing bodies, which administer various forms of Intellectual Property Rights (“IPR”). It is imperative that all the legal provisions are interpreted and implemented in harmony so as to avoid any conflict or inconsistency. Further, it is also required for the administrative bodies to work in coordination to ensure efficient administration.
The National Intellectual Property Right Policy (the “Policy”)1, drafted by the Department of Industrial Policy & Promotion (DIPP), aims to build a comprehensive framework for the protection of IPR, by creating a relationship between the multiple statutes and the various governing bodies, concerning IPR.
As per the Policy, DIPP shall be the nodal point to coordinate, guide and oversee implementation and future development of IPR in India. The responsibility for actual implementation of the plans will remain with the Ministries/ Departments concerned in their assigned sphere of work.
The Policy has broadly enlisted 7 objectives and the steps to be undertaken therein by the department.
- IPR Awareness – Despite having creativity and innovation in abundance, India suffers from lack of knowledge and awareness about IPR. This Policy aims to create awareness amongst general public regarding the benefits and importance of
- Generation of IPR – In furtherance to creating wide spread awareness about the relevance of IPR, the Policy aims to enhance the overall intellectual property filings made in the
- Legal and Legislative Framework – The Policy aims to review/ revise/ update the laws, rules, regulations, pertaining to IPR, so as to ensure that the same are in consonance with the national needs and priorities.
- Administration and Management – In order to effectively implement the laws/ rules/ regulations governing IPR, it is imperative to have an efficient administrative/ governing body. This Policy aims to ensure that operations at the IPR offices are more efficient, streamlined and cost effective.
- Commercialization of IPR – The owners of IPR tend to face the challenge of being unable to effectively capitalize the value and reward of the IPR. Thus, the Policy aims to create a public platform to function as a common database of IPRs. Such a platform can help creators and innovators connect to potential users, buyers and funding
- Enforcement and Adjudication – It is the responsibility of the owner of an IPR to protect the IPR against any infringement/ misuse/ abuse etc. The Policy aims to build respect for IPR among the general public and to sensitize inventors and creators of IPR on measures for protection and enforcement of their rights. Additionally, the Policy also aims at building greater capacity of the enforcement agencies at various levels to ensure better enforcement of the
- Human Capital Development – The Policy envisages developing a pool of IPR professionals and experts so that the country is able to build a national capacity for providing thought leadership in the field of
1 Received approval from the Union Cabinet on May 12, 2016.
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