IPR Policy 2016 – Critical Analyis By Lead Consultants Krupali Rane and Nitesh Singh

Union Cabinet unveils country’s first Intellectual Property Rights Policy – a gesture symbolizing solid framework for implementation and execution of robust IP practices in India. The policy aims to promote collaborative IP generation and commercialization efforts between R&D Institutions, Industry, Academia and Funding Agencies, thereby giving a huge boost to the innovation ecosystem in India.
The mission is to stimulate a dynamic, vibrant and balanced Intellectual Property Rights System in India with advancements in Science and technology, arts, culture, traditional knowledge to promote entrepreneurship coupled with socio- economic and cultural development.
The policy states few objectives to be achieved to prosper its mission;
1. To outreach and promote IPR amongst public and IP owners, stakeholders to encourage IP protection and create public awareness about the economic, social and cultural benefits of IPRs among all sections of society.
2. To stimulate generation of Intellectual property
3. To have effective IPR laws that balances the interest of right owners with larger public interest.
4. To modernize and strengthen service-oriented IPR administration.
5. To Commercialize Intellectual Property Rights
6. To strengthen the enforcement and adjudicatory mechanism for combating IPR infringements.
7. To strengthen and expand human resources, institutions and capacities for teaching, training, research, and skill building in IPRs.
The policy endorses (i)adoption of national slogan “Creative India; Innovative India”; (ii) Linking IPRs with other national initiatives such as “Make in India”, “Digital India”, “Skill India” and “Smart Cities”; (iii) Creation of systematic campaign by customizing programs for specific needs of industries, MSMEs, R & D institutions, etc. (iv) Create awareness programs specifically targeting industry and R&D entities by providing scientists/researchers with a deeper level of understanding about invention protection and IP registration, engaging public funded research organizations and collaborating with MNCs / large corporate. IPR policy emphasizes a system which will promote R&D incentives available to R&D centers, institutions though simplification of procedures for availing direct and indirect tax benefits. As Department of Industrial Policy and Promotion (DIPP) shall be the nodal point to coordinate, guide and oversee implementation and future development of IPRs in India. This “All under Single Roof” approach will help leverage the entire innovation ecosystem.
IP awareness will be created by,
 Conducting regular IP workshops for judges that would facilitate effective adjudication of IPR disputes
 Building capacity of enforcement agencies at various levels including strengthening of IPR cells instead police forces to protect and safeguard the IP rights.
 Adjudicating IP disputes through commercial courts at appropriate levels and set up for Alternative Dispute Resolution mechanism (ADR) in resolution of IP cases by strengthening mediation and conciliation centers.
 Creation of IP modules, including case laws for the benefit of judges who deal in IP
 Working closely with state government for establishment of IP cells for curbing IP offences
However, the focus should also be on law and administration aspects and not restricting to creating IP awareness alone. The benefits of IP maximization should be extended to all areas of socio economic and cultural importance and not restricted to public health and food security. The policy has not realistically analyzed the importance of IPR in the greater context of innovation ecosystem.
Government should use the powerful ambit of IPR to foster innovation and technological advancement, and leverage prolific creativity in all sectors. Let us take pride in being creative and innovative and support the clarion call of the program with the holistic slogan “Creative India; Innovative India”.