National Intellectual Property Rights Policy 2016

Creativity and innovation are the drivers of growth for any nation. For any such creativity to flourish, there needs to be a conducive ecosystem recognizing and protecting the rights of the inventors and creators. To establish an all-encompassing conducive environment for Intellectual Property to rise to its full potential while keeping in mind the public interest, National Intellectual Property Rights Policy was adopted in 2016.

It has the aim of promoting IPR as a marketable financial asset and easing the regulatory and administrative mechanisms for obtaining IPR. Its motto is “Creative India; Innovative India” that reflects encouragement of the innovative and creative potential of citizens of the country.

• What are Intellectual Property Rights?

The term “Intellectual Property Rights” (IPR) refers to the rights granted to people or organizations for a set amount of time regarding a particular innovation or invention in goods or processes. They can be found in the form of copyrights, trademarks, patents, and geographic indicators (GIs). In order to accomplish social and economic welfare, IPR aims to promote and stimulate creativity and innovation as well as ease access to knowledge.

• What is the objective of this policy?

The objectives as underlined under National Intellectual Property Rights Policy are:

1. IPR Awareness: Outreach and Promotion – To create public awareness about the economic, social, and cultural benefits of IPRs among all sections of society.
2. Generation of IPRs – To stimulate the generation of IPR by various stakeholders.
3. Legal and Legislative Framework – Create a robust and efficient intellectual property rights rules that strike a balance between the rights holders’ interests and the public interest
4. Administration and Management – To modernize and strengthen service oriented IPR administration
5. Commercialization of IPR – Get value for IPRs through commercialization
6. Enforcement and Adjudication – To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements
7. Human Capital Development – To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs

• Who is the implementing agency of this policy?

To achieve these objectives, Department of Industrial Policy and Promotion (DIPP) under the Ministry of Commerce has set up a dedicated Cell for IPR Promotion and Management (CIPAM). This cell is mandated to facilitate promotion, creation, and commercialization of IP assets. CIPAM has to work in collaboration with the Office of the Controller General of Patents, Designs and Trademarks.

Overall, the Department for Promotion of Industry and Internal Trade (DPIIT) is the nodal agency to oversee development of IPR regime in India. But the actual implementation of IPR laws shall be carried out by different Ministries/ Departments that is responsible for administering the related laws, rules, and regulations.

• What are the features of National IPR Policy 2016

The extensive features of the 2016 National Intellectual Property Rights Policy are discussed below.

1. Intellectual Property Rights Policy Management (IPRPM) Framework: National IPR Policy 2016 encompasses all IPRs into a single vision document, setting in place an institutional mechanism for implementation, monitoring and review of IP laws. The coverage of intellectual property rights under the framework are patents, trademarks, industrial designs, copyrights, geographical indications, semiconductor integrated circuit layout designs, trade secrets, and plant varieties.
2. TRIPS compliance: The policy acknowledges India’s well-established TRIPS-compliant legal framework for protecting IPRs and strives to combine her developmental priorities with the flexibilities granted by the international regime.
3. IPR Exchange: To foster commercialization and value for intellectual property, the policy recommended a feasibility study for an IPR exchange platform. Such a dedicated IPR market encourages investment in IP-driven companies by bringing together investors and IP owners/users.
4. Expediting patent applications: The policy urges the government to explore the possibility of expedited examination of patent applications to promote manufacturing in India.
5. Financial support for less empowered groups: The policy paper asserts that providing financial assistance to the less empowered segment of intellectual property owners or creators, such as farmers, weavers, artisans, craftsmen, and so on, through rural banks or cooperative banks, should be prioritized.
6. Dispute resolution: The policy suggests the setting up of dedicated commercial courts to deal with IP-related matters to expedite the adjudication of disputes and ensure enforcement of IPR. It also suggests that the possibility of resolving IP disputes through the Alternative Dispute Resolution Mechanism should be explored.
7. Traditional knowledge: The policy suggests various steps, including broadening the Traditional Knowledge Digital Library’s (TKDL) scope to include disciplines other than Ayurveda, Yoga, Unani, and Siddha. The policy states that traditional knowledge holders should be encouraged and supported in developing the knowledge systems that have evolved over time.
8. Other features: Various other measures proposed by the policy include criminalising unauthorised copying of movies, encouraging corporate social responsibility (CSR) funds into open innovation and expanding capacity building in IPR through training, teaching, research and skill building.

• What are the achievements of National Intellectual Property Rights Policy 2016?

1. Modernisation & Digitisation of IP offices – improvement in functioning and performance of IP Offices as well as streamlining workflow processes.
2. Expedited Examination for certain category of applicants, such as Start-ups, small entities, women inventors for expeditious grant of Patents.
3. National Intellectual Property Awareness Mission (NIPAM),a flagship program to impart IP awareness and basic training in educational institutes.
4. IPRs in school syllabus: The NCERT commerce stream curriculum now includes a syllabus on IPRs.
5. Expand Knowledge Capacity & Skill Building: To promote the study, research, and development of IPR in higher educational institutions, IPR chairs have been set up across the country under the Scheme for Pedagogy & Research in IPRs for Holistic Education and Academia (SPRIHA). Currently, 37 IPR Chairs are incorporated. These Chairs have facilitated 146 Patent filings and 424 Patents registered, 215 IP works published, 1373 total IP Programs conducted, 238 Pedagogy activities undertaken during 2020-21 and 2022-23.
6. Commercialization of IP: Technology Innovation Support Centres (TIS) have been set us in various Central and State Universities and State Council for Science & Technology across the country for supporting IPR education, boosting IP filings and enhancing IP commercialization. Since 2020, 12 established TISCs have filed 734 patents, conducted 1752 IP awareness programs, and commercialized 99 patents. Additionally, 901 applications for trademarks, designs and copyright were also filed.

• What are the Issues Related to IPR Regime?

1. The policy seeks to promote IP as an end rather than placing it within the larger context of the innovation ecosystem.
2. Due to the lack of knowledge about rural economies and creativity, experts are also sceptical about the policy’s applicability to the informal rural economy. Adopting a formal IP policy may have more negative effects than positive ones in rural areas.
3. The National IPR Policy recognizes the contribution of the Indian pharmaceutical sector in providing affordable medicines globally. However, India’s patent establishment has prioritized patent-friendliness over public health and national interest in the pharmaceutical sector.
4. Foreign investors and Multi-National Corporations (MNCs) allege that Indian law does not protect against unfair commercial use of test data or other data submitted to the government during the application for market approval of pharmaceutical or agro-chemical products. For this, they demand a data exclusivity law.
5. The Patents Act has four stakeholders: society, government, patentees, and their competitors, and interpreting and enforcing the act to only benefit patentees undermines the rights of other stakeholders and leads to anti-competitive market outcomes.

• Conclusion

India has been on a rising trajectory, over the past several years as evidenced by Global Innovation Index (GII) released by WIPO, from a rank of 81 in 2015 to 40 in 2023 out of 132 economies underscoring the impetus given to development of intellectual property regime. To continue with this trend, the government needs to fill in the gaps to provide redressal to the issues arising from the policy. It is equally important for state governments to play the role of constructive partners in creating and maintaining a robust, equitable and predictable IPR regime in the country. We have been a creative and innovative civilization from ancient times, and all that is required is the right channelization of this potential into a market economy.