[Ip-health] India - Cabinet approves National Intellectual Property Rights Policy

Michael H Davis m.davis at csuohio.edu
Sat May 14 07:47:36 PDT 2016


India should first survey the literature and decide whether ip actually produces any social good. It won't find any good studies that say so. So why pass this, why increase ip, and why increase enforcement of a socially harmful phenomenon?



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-------- Original message --------
From: Mohga Kamal-Yanni <mkamalyanni at Oxfam.org.uk>
Date: 14/05/2016 02:11 (GMT-05:00)
To: leena menghaney <leenamenghaney at gmail.com>
Cc: IP-health <ip-health at lists.keionline.org>
Subject: Re: [Ip-health] India - Cabinet approves National Intellectual Property Rights Policy

Increase IP and enforcement?

Best wishes مع أطيب التمنيات
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Mohga M Kamal-Yanni
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From:   leena menghaney <leenamenghaney at gmail.com>
To:     IP-health <ip-health at lists.keionline.org>
Date:   13/05/2016 13:26
Subject:        [Ip-health] India - Cabinet approves National Intellectual
Property        Rights Policy
Sent by:        "Ip-health" <ip-health-bounces at lists.keionline.org>


Link to India's new IP policy
http://dipp.gov.in/English/Schemes/Intellectual_Property_Rights/National_IPR_Policy_12.05.2016.pdf


Statement - Press Information Bureau, Government of India- Cabinet
approves National Intellectual Property Rights Policy (
http://pib.nic.in/newsite/erelease.aspx)  “Creative India; Innovative
India: रचनात्मक भारत; अभिनव भारत”

The Union Cabinet yesterday approved the National Intellectual Property
Rights (IPR) Policy that will lay the future roadmap for intellectual
property in India. The Policy recognises the abundance of creative and
innovative energies that flow in India, and the need to tap into and
channelise these energies towards a better and brighter future for all.

The National IPR Policy is a vision document that aims to create and
exploit synergies between all forms of intellectual property (IP),
concerned statutes and agencies. It sets in place an institutional
mechanism for implementation, monitoring and review. It aims to
incorporate and adapt global best practices to the Indian scenario. This
policy shall weave in the strengths of the Government, research and
development organizations, educational institutions, corporate entities
including MSMEs, start-ups and other stakeholders in the creation of an
innovation-conducive environment, which stimulates creativity and
innovation across sectors, as also facilitates a stable, transparent and
service-oriented IPR administration in the country.

The Policy recognizes that India has a well-established TRIPS-compliant
legislative, administrative and judicial framework to safeguard IPRs,
which meets its international obligations while utilizing the
flexibilities provided in the international regime to address its
developmental concerns. It reiterates India’s commitment to the Doha
Development Agenda and the TRIPS agreement.

While IPRs are becoming increasingly important in the global arena, there
is a need to increase awareness on IPRs in India, be it regarding the IPRs
owned by oneself or respect for others’ IPRs. The importance of IPRs as a
marketable financial asset and economic tool also needs to be recognised.
For this, domestic IP filings, as also commercialization of patents
granted, need to increase. Innovation and sub-optimal spending on R&D too
are issues to be addressed.

The broad contours of the National IPR Policy are as follows:

Vision Statement: An India where creativity and innovation are stimulated
by Intellectual Property for the benefit of all; an India where
intellectual property promotes advancement in science and technology, arts
and culture, traditional knowledge and biodiversity resources; an India
where knowledge is the main driver of development, and knowledge owned is
transformed into knowledge shared.

Mission Statement:
Stimulate a dynamic, vibrant and balanced intellectual property rights
system in India to:

o   foster creativity and innovation and thereby, promote entrepreneurship
and enhance socio-economic and cultural development, and

o   focus on enhancing access to healthcare, food security and
environmental protection, among other sectors of vital social, economic
and technological importance.


Objectives:

The Policy lays down the following seven objectives:

i. IPR Awareness: Outreach and Promotion - To create public awareness
about the economic, social and cultural benefits of IPRs
among all sections of society.

ii. Generation of IPRs - To stimulate the generation of IPRs.

iii. Legal and Legislative Framework - To have strong and effective IPR
laws, which balance the interests of rights owners with
larger public interest.

iv. Administration and Management - To modernize and strengthen
service-oriented IPR administration.

v. Commercialization of IPRs - Get value for IPRs through
commercialization.

vi. Enforcement and Adjudication - To strengthen the enforcement and
adjudicatory mechanisms for combating IPR infringements.

vii. Human Capital Development - To strengthen and expand human resources,
institutions and capacities for teaching, training,
research and skill building in IPRs.

These objectives are sought to be achieved through detailed action points.
The action by different Ministries/ Departments shall be monitored by DIPP
which shall be the nodal department to coordinate, guide and oversee
implementation and future development of IPRs in India.

The National Intellectual Property Rights (IPR) Policy will endeavor for a
“Creative India; Innovative India: रचनात्मक भारत; अभिनव
भारत”.


Leena Menghaney
Mobile: 9811365412
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