 "'There is need for time-bound review of new IPR Policy'")
India's approach towards protection of intellectual property (IP) has undergone a paradigm shift in recent times. The amount of activity that has taken place in the field of IP in India in the past few years is unprecedented. The release of India's National IP policy comes in just at the right time and gives a big boost to the Prime Minister's vision of the Make in India and Start-Up India campaigns.
The IP policy is well articulated. It is designed in a way to facilitate the ease of doing business in India and recognises IP as a marketable financial asset and economic tool.
The national IP policy lists out various objectives to bring India in line with its global counterparts. The government's move to streamline all IP-related laws under a single department is a big positive. The announcement that the time for examination of trademark applications would be reduced would encourage investors. The Patents (Amendment) Rules 2016 prescribing expedited examination would further reinforce the trust of investors and would also be a big boost for start-ups in India. The strengthening of IPR cells is also a welcome step.
India should not be forced into placing an even stronger IPR framework in place as prevalent in developed countries. The current IP policy should be seen as a road map for the future to take India on the path where IP can be used to stimulate creativity and innovation.
The writer is an advocate and registered patent agent
The IP policy is well articulated. It is designed in a way to facilitate the ease of doing business in India and recognises IP as a marketable financial asset and economic tool.
The national IP policy lists out various objectives to bring India in line with its global counterparts. The government's move to streamline all IP-related laws under a single department is a big positive. The announcement that the time for examination of trademark applications would be reduced would encourage investors. The Patents (Amendment) Rules 2016 prescribing expedited examination would further reinforce the trust of investors and would also be a big boost for start-ups in India. The strengthening of IPR cells is also a welcome step.
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The policy document is fairly balanced. However, there is greater need to focus on implementation. Accordingly, it is suggested that:
- A strict time-bound review of the policy be undertaken, preferably after three years
- Each programme or activity under the plan of action be benchmarked with the best practices and parameters applicable to the Indian situation
- Steps be taken to reduce the pendency of cases in the IP office. The government should further take steps to reduce the attrition rate in the IP office
India should not be forced into placing an even stronger IPR framework in place as prevalent in developed countries. The current IP policy should be seen as a road map for the future to take India on the path where IP can be used to stimulate creativity and innovation.
The writer is an advocate and registered patent agent