The new Intellectural
Property Policy, unveiled by the Finance Minister is in compliance with TRIPS.
Finance Minister Arun
Jaitley released India’s National Intellectual Property Rights (IPR) Policy
recently. The Policy which is in compliance with WTO's (World Trade
Organisation) agreement on TRIPS (Trade Related aspects of IPRs), aims to
sustain entrepreneurship and boost Prime Minister Narendra Modi's pet scheme
'Make in India.' Here are the highlights:
>> 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 policy is
entirely compliant with the WTO’s agreement on TRIPS.
>>Special thrust
on awareness generation and effective enforcement of IPRs, besides
encouragement of IP commercialisation through various incentives.
>> India will
engage constructively in the negotiation of international treaties and
agreements in consultation with stakeholders. 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, the policy said.
>> 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 DIPP’s
ambit from that of the Human Resource Development (HRD) Ministry.
>> Trademark
offices have been modernised, 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.
>> Films, music,
industrial drawings will be all covered by copyright.
>> The Policy also
seeks to facilitate domestic IPR filings, for the entire value chain from IPR
generation to commercialisation. It aims to promote research and development
through tax benefits.
>> Proposal to
create an effective loan guarantee scheme to encourage start-ups.
>> It also says
“India will continue to utilise 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 for ensuring the availability of essential and
life-saving drugs at affordable prices.
>> The policy left
the country’s 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 statement assumes significance as
developed countries, including the US, have raised concerns over India issuing
the CL. As per the WTO norms, a CL can be invoked by a government allowing a
company to produce a patented product without the consent of the patent owner
in public interest. Under the Indian Patents Act, a CL can be issued for a drug
if the medicine is deemed unaffordable, among other conditions, and the
government grants permission to qualified generic drug makers to manufacture
it.
>> The IPR policy
favoured the government considering financial support for a limited period on
sale and export of products based on IPRs generated from public-funded
research.
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