National Intellectual Property Rights Policy 2016

Introduction

On the 13th May 2016 with the slogan ‘Creative India, Innovative India’, the Government of India announced The New Intellectual Property Right Policy. They mainly enhanced one of the new Intellectual Property Rights policy is to stimulate a dynamic, vibrant and balanced Intellectual Property Right system in India which can foster creativity and innovation and thereby promote entrepreneurship, enhance healthcare access, development, food security, and environment protection, etc.

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Objectives of Intellectual Property Rights Policy 2016

To increase public awareness about Intellectual Property Rights and their economic, social and cultural benefits, to stimulate creation of Intellectual property rights in the country and to create a strong legal and legislative framework around Intellectual Property Rights are focused on modernize administration and management of Intellectual Property Rights, to help in promoting commercialization of Intellectual Property Rights, to strengthen enforcement and adjudication mechanism around Intellectual Property Rights and to expand Human Capital Development.

Developmental goals of Intellectual Property right

The Intellectual Property Rights policy has spelled out some tangible goals like reducing the time taken on clearing the backlog of Intellectual Property Rights applications from current 5 to 7 years to 18 months by March 2018 to approve their trademark applications within one month by 2018. Currently, a trademark approval takes around 13 month months on average. Designate as the nodal agency for coordination, guidance, and regulatory works and Cover Films, music, industrial drawings by copyright provisions.

Department of Industrial Policy and Promotion (DIPP) 

It has been appointed as an agency to regulate Intellectual Property Rights. It has to be noted that no changes have been made in the Indian Patents Act, 1970. The patents in India are regulated by the Indian Patents Act, 1970. The pharmaceutical companies globally have been putting pressure on India to make amendments to the Act.

Amendment in Section 3 (d) of the Indian Patents Act, 1970 prevents the ever-greening of patents. 

Evergreening is achieved by seeking extra patients on slight changes in the original drug – new forms of release, new dosages, new combinations or variations.

Change in Section 84 (1) of the Indian Patent Act

The invention is not available to the public at an affordable price If Any person requests a compulsory license if after three years from the date of the grant of a patent the needs of the public to be covered by the invention have not been satisfied.

The policy generally focused on

• The plan will be rechecked every five years in consultation with stakeholders.

• It promotes strong and effective Intellectual Property rights laws; steps would be taken including present Intellectual Property laws, rules, and regulations.

• The policy is entirely compliant with the World Trade Organization agreement on Trade-Related aspects of intellectual property rights.

• Special thrust on awareness generation and effective enforcement of Intellectual Property Rights, besides encouragement of Intellectual Property commercialization through various incentives.

• A trademark office has been focused on changing the scheme policies; the aim is to reduce the time taken for examination and registration to just 1 month by 2017.

• Films, music, industrial drawings will be all covered by copyright laws.

Conclusion

Intellectual property rights policy 2016 focused on enhancing products at large market value without imprisonment of producer’s right and to strengthen enforcement and adjudication mechanism around Intellectual Property Rights and to expand Human Capital Development. It covers all the basics changes of trademark, copyright, patent and designs under this policy

Author:

eStartIndia Team