Published on 23 Feb 2025
Adopted in May 2016, the National Intellectual Property Rights (IPR) Policy guides the future development of IPRs in India by bringing all forms of IP under one platform to create synergies. The policy is implemented and monitored by the Department of Industrial Policy & Promotion (DIPP) under the Ministry of Commerce and supported by the Cell for IPR Promotion & Management (CIPAM).
Objectives of the National IPR Policy
IPR Awareness: Outreach and Promotion - To create public awareness about the economic, social, and cultural benefits of IPRs across all sections of society.
Generation of IPRs - To stimulate the creation of intellectual property.
Legal and Legislative Framework - To establish strong and effective IPR laws that balance the interests of rights owners with the larger public interest.
Administration and Management - To modernize and strengthen service-oriented IPR administration.
Commercialization of IPRs - To derive value from intellectual property through commercialization.
Enforcement and Adjudication - To strengthen enforcement and adjudication mechanisms to combat IPR infringements.
Human Capital Development - To enhance and expand human resources, institutions, and capacities for teaching, training, research, and skill-building in IPRs.
Achievements Under the National IPR Policy
Improvement in Global Innovation Index (GII) Ranking: India's rank in the GII, issued by WIPO, improved from 81st in 2015 to 52nd in 2019.
Strengthening Institutional Mechanisms: The government has taken steps to improve IP protection and promotion.
Reducing Pendency in IP Applications: Augmentation of technical manpower has led to a significant reduction in the backlog of IP applications.
Increase in Patent and Trademark Filings: Patent filings have increased by nearly 7% in the first eight months of 2018-19 compared to the corresponding period of 2017-18, while trademark filings have increased by nearly 28%.
IP Process Re-engineering: Amendments to the Patent Rules, 2003, and the Trade Marks Rules, 2017, have streamlined processes and made them more user-friendly.
IPR Awareness Programs: Conducted across academic institutions, industry, police, customs, and judiciary, including rural schools through satellite communication.
Technology and Innovation Support Centres (TISCs): Established in various institutions across different states in collaboration with WIPO.
Issues in India’s IPR Regime
Evergreening of Patents: The Indian Patent Act restricts patents on new forms of known substances unless they show significant improvements, impacting pharmaceutical companies.
Example: Novartis’ patent application for the cancer drug Glivec (imatinib mesylate) was denied in India due to insufficient improvement over existing forms of the drug.
Compulsory Licensing: Compulsory licensing allows government-authorized entities to use patents without consent, raising concerns for foreign investors.
Example: India’s compulsory licensing has affected India-EU trade negotiations.
Data Exclusivity: India lacks a law protecting against the misuse of test data submitted for regulatory approval, prompting demands for data exclusivity.
Example: Pharmaceutical firms seek data exclusivity protection due to inadequate current laws.
Enforcement of Copyright Laws: Weak enforcement leads to widespread piracy and unauthorized use of copyrighted materials.
Example: The extensive piracy of Bollywood films highlights ineffective copyright enforcement.
Special 301 Report: The U.S. Trade Representative's Special 301 Report has placed India on the ‘Priority Watch List,’ criticizing the Indian health ministry for causing uncertainty in the pharmaceutical market by demanding detailed usage information of granted patents.
Gujarat Farmers vs Pepsico: Pepsico sued nine Gujarat farmers for allegedly infringing on its registered potato variety used in Lays chips; however, the company agreed to withdraw the cases after discussions with the government.
Way Forward
Promote Innovation in Education: Revise academic curricula to foster a culture of innovation from a young age, integrating IPR education to enhance awareness among students and educators.
Establish Effective Resolution Mechanisms: Develop robust mechanisms for resolving IPR-related disputes to streamline and resolve issues efficiently.
Address IPR Law Gaps: Update and address gaps in IP laws and regulations to fully leverage the benefits of a strong IP system and ensure global competitiveness.
Support Flagship Programs: Strengthen IPR safeguards to bolster initiatives like Make in India and Startup India, enhancing the innovation ecosystem and supporting local enterprises.
Increase Awareness and Enforcement: Raise awareness about IPR creation, protection, and enforcement to encourage industries to innovate and safeguard their intellectual property.
Enhance IP Office Efficiency: Modernize the IP office by increasing staffing, improving processing efficiency, and introducing online e-filing systems to handle the growing volume of applications.
Boost Transparency: Provide real-time access to the status of IP applications and e-registers to increase transparency and public awareness.
Encourage Innovation Among MSMEs: Offer a 50% fee reduction for MSMEs to encourage innovation and IP protection.
Expand Awareness Programs: Continue conducting IPR awareness programs across academic institutions, rural schools, and other sectors to broaden understanding and promote innovation.
Sci & Tech
National IPR Policy 2016
Objectives of the National IPR Policy
Achievements Under the National IPR Policy
Issues in India’s IPR Regime
General Studies Paper 3
Science and Technology
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