National IPR Policy, 2016 (1st IPR Policy)

It came in the backdrop of the USTR Special 301 Report (on Global State of IPR Protection and Enforcement) retaining India on the 'Priority Watch List.
‘Creative India, Innovative India’ is the tagline of the policy.
This is to incentivize entrepreneurship, creativity and innovation and curb the manufacturing and sale of counterfeits.
Objectives: IPR Awareness, outreach and promotion; Create an atmosphere of innovation; replace outdated laws; HRD in IPR; Commercialization of IPR; Administration and management of innovation; combat IPR infringements etc.
Features
- It aims to realise IPRs as a marketable financial asset, and promote innovation and entrepreneurship while protecting the public interest.
- Every five years policy will be reviewed.
- The policy is in consonance with the WTO’s agreement on TRIPS.
- Special focus on awareness generation and effective enforcement of IPRs, also the encouragement of IP commercialization through incentives.
- India will engage in the negotiation of international treaties and agreements in consultation with stakeholders.
- It recommends making the DPIIT the nodal agency for all IPR issues.
- Copyrights-related issues will also come under DPIIT. Things like Films, music, and industrial drawings will also be all covered by copyright.
- Trademark offices to reduce the time taken for examination and registration to just a month by 2017.
- It seeks to facilitate domestic IPR filings, for the entire value chain from IPR generation to commercialization.
- It aims to promote research and development through tax benefits.
- To encourage start-ups, there is a proposal to create an effective loan guarantee scheme.
- The policy allows legislative flexibilities to GOI in the international treaties and TRIPS agreement using provisions such as Section 3(d) and compulsory licensing (CLs) for ensuring the availability of essential and life-saving drugs at affordable prices.
- The government will examine accession to some multilateral treaties which are in India’s interest; and, become a signatory to those treaties which India has de facto implemented to enable it to participate in their decision-making process.

Source: Sanjeevani Notes

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