CREATIVE INDIA; INNOVATIVE INDIA – Proposals under 1st Draft of National IPR Policy
December 26, 2014 19:30 IST
Regardless of the controversy around its constitution, on 19 December 2014, the IPR Think Tank came up with its first draft of the much expected National IPR Policy. On the face, the draft is a balanced document which intends to maintain a clear level between innovators interest and public interest. It is perceptible from the following mission proposed by the think tank; Establish a dynamic, vibrant and balanced intellectual property system in India to foster innovation and creativity in a knowledge economy; ….. and; protect public health, food security and environment, among other areas of socio-economic importance.
The think tank has formulated the draft National IPR Policy with an applaudable vision, mission and seven objectives with proposed schemes to achieve the same. Major proposals under the first draft is to;
- Launch a new campaign and adopt “Creative India; Innovative India” slogan to conduct IP awareness and promotion programs among all sections from traditional knowledge holders and farmers to scientists and researchers; from Micro, Small and Medium Enterprises to Large and Multinational Corporations.
- Encourage innovations by providing guidance for researchers, ‘first-time patent’ fee waiver for MSMEs and tax benefits for IP creations.
- Review existing IP Laws & update IP Rules to streamline the process in the interest of the nation and within the framework of India’s international obligations.
- Enact new laws on utility models for facilitating protection and promoting the creation of small/petty inventions among MSMEs and informal sectors.
- Accord adequate autonomy and modernize infrastructures of IP India and promote cooperation with other IP Offices around the world.
- The Controller General of Patents, Designs and Trademarks to formulate and stick with timelines for the administrative steps involved in grant of IP registrations and to take measures to make the IP offices user friendly.
- Digitalize Copyright & Design offices with e-filing and online search facilities.
- Create IP Promotion & Development Council (IPPDC) to facilitate connection between innovators and IP users/funding agencies & to help small/individual inventors in commercializing their IP rights.
- Establish regional benches of the Intellectual Property Appellate Board in Mumbai, Delhi, Chennai, Kolkata and Ahmedabad & promote alternative dispute resolutions in IP cases.
- Introduce IP courses in training institutes like Judicial Academies, Police and Customs Academies & make intellectual property a compulsory subject in all legal, agricultural and management institutions
In order to facilitate IP Dispute Resolution, the think tank has also suggested designation of one specialized patent bench in the High Courts of four major cities and designation of one IP court at the district level.
For administering the proposals under the National IPR Policy, the think tank has demonstrated the necessity of creating a high level body in the Government. As per the first draft, such body will be made responsible for coordinating tasks and overseeing implementation plans in accordance with the National IP Policy. The draft also ensures that the stakeholders, public and private sector institutions will be involved in the entire consultation and implementation process.
The Department of Industrial Policy & Promotion has published the first draft with a note “confidential” in the header. It is anticipated that the DIPP will issue a separate notification to invite public comments on the first draft. It is also interesting to note that the think tank has submitted the first draft within two months of its formation. This demonstrates the Government’s commitment towards developing an efficient IP policy to encourage innovations in India.
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