The document discusses India's National IPR Policy of 2016. The policy aims to establish a holistic environment to exploit intellectual property for economic and social development. It has 7 objectives: 1) Increase IPR awareness 2) Generate more IPRs 3) Strengthen legal frameworks 4) Modernize administration 5) Commercialize IPRs 6) Enforce IPRs 7) Develop human capital. Key highlights include pushing IPRs as financial assets, promoting innovation, maintaining TRIPS compliance, and special focus on awareness, enforcement and commercialization through incentives. The policy leaves India's patent laws like Section 3(d) intact.

1. Prof & Lawyer. Puttu Guru PrasadProf & Lawyer. Puttu Guru Prasad
M.Com., M.B.A., L.L.B., M.Phil., PGDFTM.,
AP.SET., ICFAI TMF., (PhD) at JNTUK.,
Senior Faculty for Management Science,
S&H Department, VVIT, Nambur,
My Blog Link: puttuguru.blogspot.in

2. Various forms of IPRs
1. Patents
2. Copyrights
3. Trademarks
4. Industrial designs
5. Layout designs of ICs
6. Geographical Indications
7. Plant Varieties
8. Trade Secrets

3. National IPR Policy 2016
Aristotle once remarked,
“Patience is bitter, but its fruit is
sweet”.
This quote has proved to be hundred percent true
with respect to the National IPR policy, 2016.
This much awaited policy finally received the
cabinet approval on 13th May 20, 2016 and
managed to garner a positive response from all the
sectors.

4. National IPR Policy 2016
This all encompassing policy aims at establishing a
holistic atmosphere, conducive for exploiting the
full potential of intellectual property, for the
economic, social and cultural development of the
nation.
The policy is one of its kind, which involves
every conceivable sector, right from a village
industry, to an academic and research
institution in the process of successful
creation and utilization of IP on one hand,
while balancing public interest on the other.

5. National IPR Policy 2016
India has a plethora of creative and innovative
energy flowing ruthlessly, which if channelized
correctly, will result in a global transformation
of its economy.
This has been rightly recognized by the said
policy which provides for seven broad
objectives, which are explained below in
necessary detail, with the ultimate aim of
developing an ‘Intellectual Economy’.

6. The Rationale for IPR Policy
The rationale for the National IPR Policy lies
in the need to create awareness about the
importance of IPRs as a marketable financial
asset and economic tool.
There is an abundance of creative and
innovative energies flowing in India. India has
a TRIPS compliant, robust, equitable and dynamic
IPR regime.

7. 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.

8. Mission Statement
Stimulate a dynamic, vibrant and balanced
intellectual property rights system in India to:
Foster creativity and innovation and thereby,
promote entrepreneurship and enhance socio-
economic and cultural development, and
Focus on enhancing access to healthcare, food
security and environmental protection, among other
sectors of vital social, economic and technological
importance.

9. Seven Objectives
The Policy lays down Seven objectives
1. IPR Awareness:- Outreach and Promotion.
2.Generation of IPRs: - To stimulate the
generation of IPRs
3.Legal and Legislative Framework: - To develop
strong and effective IPR laws
4.Administration and Management: - To
modernize and strengthen service oriented IPR
administration.

10. Seven Objectives
5. Commercialization of IPR: - Get value
for IPRs through commercialization
6. Enforcement and Adjudication: - To
strengthen the enforcement and
adjudicatory mechanisms for combating
IPR infringements.
7. Human Capital Development: - To
strengthen and expand human resources

11. 1. IPR Awareness
A Nation-wide program of promotion
should be launched with an aim to improve
the awareness about the benefits of IPRs
and their value to the rights-holders and
the public.
The clarion call of the program
would be the holistic slogan
““Creative India; Innovative India”Creative India; Innovative India”

12. 2. Generation of IPRs
There is a need to tap this fertile
knowledge resource and stimulate the
creation of IP assets.
A comprehensive base line survey or IP
audit across sectors will enable
assessment and evaluation of the potential
in specific sectors, Especially MSMEs,
Start-Ups and Grass root Innovators.

13. 3.Legal and Legislative Framework
To have strong and effective IPR laws, which
balance the interests of rights owners with
larger public interest. India shall remain
committed to the Doha Declaration on TRIPS
Agreement and Public Health.
At the same time, India is rich in traditional
medicinal knowledge which exists in diverse
forms in our country, and it is important to
protect it from misappropriation.
The laws along with various judicial decisions
provide a stable and effective legal
framework for protection and promotion of IPRs

14. 4.Administration and Management
The Administration of the Copyright Act, 1957 and
the Semiconductor Integrated Circuits Layout-Design
Act, 2000 are being brought under the aegis of
DIPP, besides constituting a Cell for IPR
Promotion and Management (CIPAM).
This will facilitate more effective and synergetic
working between various IP offices, as also
promotion, creation and commercialization of IP
assets.

15. 5.Commercialization of IPR
The value and economic reward for the owners
of IP rights comes only from their
commercialization. Entrepreneurship should
be encouraged so that the financial value of IPRs
is captured.
Another constraint faced is valuation of IP and
assessment of the potential of the IPRs for the
purpose of marketing it.

16. 6.Enforcement and Adjudication
There is a need to build respect for IPR among
the general public and to sensitize the
inventors and creators of IP on measures for
protection and enforcement of their rights.
 At the same time, there is also a need to build
the capacity of the enforcement agencies at
various levels, including strengthening of IPR cells
in State police forces.

17. 6.Enforcement and Adjudication
Measures to check Counterfeiting and Piracy
also need to be identified and undertaken.
Regular IPR workshops/ Colloquia for judges
would facilitate effective Adjudication of IPR
Disputes.
It would be desirable to adjudicate on IPR
disputes through Specialized Commercial
Courts. Alternative Dispute Resolution
mechanism may also be explored.

18. 7.Human Capital Development
In order to harness the full potential of IPRs for
economic growth, it is essential to develop an
increasing Pool of IPR professionals and
experts in spheres such as policy and law,
strategy development, administration and
enforcement.
Such a reservoir of experts will facilitate in
increasing generation of IP assets in the country
and their utilization for development purposes.

19. Implementation
While DIPP shall be the nodal point to coordinate,
guide and oversee implementation and future
development of IPRs in India, the responsibility for
actual implementation of the plans of action will
remain with the Ministries/ Departments
concerned in their assigned sphere of work.
Public and private sector institutions and other
stakeholders, including State governments, will also
be involved in the implementation process.

20. OVERVIEW
The statutes governing different kinds of IPRs in
India are :
Patents Act, 1970;
Trade Marks Act,1999;
Designs Act, 2000;
Geographical Indications of Goods (Registration and
Protection) Act, 1999;
Copyright Act, 1957;
Protection of Plant Varieties and Farmers’ Rights Act,
2001;
Semiconductor Integrated Circuits Layout-Design Act,
2000 and
Biological Diversity Act, 2002.

21. OVERVIEW
The Department of Industrial Policy
and Promotion (DIPP) is entrusted with
matters concerning the specialized UN
agency on IPRs, the World Intellectual
Property Organization (WIPO),
including coordination with other
concerned Ministries or Departments.

22. OVERVIEW
The Controller General of Patents,
Designs and Trade Marks (CGPDTM)
under the Department of Industrial
Policy and Promotion, Ministry of
Commerce and Industry is entrusted
with the responsibility of administering the
laws relating to Patents, Designs, Trade
Marks and Geographical Indications
within the territory of India.

23. OVERVIEW
The CGPDTM presently functions through Patent
Offices at four locations (Chennai, Delhi, Kolkata,
and Mumbai),
Trademarks Offices at five locations (Ahmadabad,
Chennai, Delhi, Kolkata and Mumbai),
Geographical Indications Registry at Chennai and
a Designs Wing at Kolkata.
The Office of CGPDTM is also in charge of the Rajiv
Gandhi National Institute of Intellectual
Property Management at Nagpur.

24. The National Slogans
IPR policy adopted the national slogan
“Creative India; Innovative India” and
launch an associated campaign on
electronic, print and social media, including
by linking the campaign with other national
initiatives such as “Make in India”,
“Digital India”, “Skill India”, “Start Up
India”, “Smart Cities” and other new
initiatives in the future.

25. The Highlights of IPR Policy
 The Policy aims to push IPRs as a marketable
financial asset, promote innovation and
entrepreneurship, while protecting public
interest
The plan will be reviewed every five years in
consultation with stakeholders.
In order to have strong and effective IPR laws, steps
would be taken — including review of existing IP
laws — to update and improve them or to remove
anomalies and inconsistencies.

26. The Highlights of IPR Policy
The policy is entirely compliant with the WTO’s
agreement on TRIPS.
Special thrust on Awareness Generation and
effective enforcement of IPRs, besides
encouragement of IP commercialization through
Various incentives.
It suggests making the Department of Industrial
Policy and Promotion (DIPP) the nodal agency for all
IPR issues. Copyrights related issues will also come
under DIPP’s ambit from that of the Human Resource
Development (HRD) Ministry.

27. The Highlights of IPR Policy
Trademark offices have been modernized, and
the aim is to reduce the time taken for
examination and registration to just 1 month by
2017. The government has already hired around
100 new examiners for trademarks.
Examination time for trademarks has been
reduced from 13 months to 8 months, with the
new target being to bring the time down to one
month by March 2017.

28. The Highlights of IPR Policy
 It aims to Promote research and development
through tax benefits.
Proposal to create an effective loan guarantee
scheme to encourage start-ups.
“India will continue to utilize the legislative space
and flexibilities available in international treaties
and the TRIPS Agreement .”
These flexibilities include the sovereign right of
countries to use provisions such as Section 3(d) and
CLs for ensuring the availability of essential and
life-saving drugs at affordable prices.

29. The Highlights of IPR Policy
The policy left the country’s patent laws intact
and specifically did not open up Section 3(d) of
the Patents Act, which sets the standard for what
is considered an invention in India, for
reinterpretation.
On compulsory licensing (CL), India has issued
only CL for a cancer drug. Mr. Jaitley said, “We
rarely exercise this power.”

30. The incorporation of Section 3(d)
The incorporation of Section 3(d) by way
of amendment of 2005 has attracted a lot
of controversy and criticism in the global
pharmaceutical market.
The true intent of this section is to
prevent the ever greening of patents and
promote enhanced level of innovation
by proving enhanced level of efficacy.

31. The incorporation of Section 3(d)
The big multinational pharmaceutical companies
having practically no restraint of amount
for research and development occupied dominant
position in the market.
To prevent abuse of this dominant position in
cases of life saving drugs and other critically
important drugs, it is paramount to protect the
interest of generic drug manufactures.
However this has to be a balanced approach so
that it does not affect adversely to the economic
and technological developments in India.

32. The incorporation of Section 3(d)
It is also important to understand that
India being a developing country needs
such protection for its generic drug
manufactures to promote significantly
incremental innovations.
Therefore, health concerns play chief
role in determining various policies in
India and this also contributed for the
incorporation of section 3 clause (d) of the
Patents Act 2005.

33. Thank youProf & Lawyer. Puttu Guru PrasadProf & Lawyer. Puttu Guru Prasad
M.Com., M.B.A., L.L.B., M.Phil., PGDFTM.,
AP.SET., ICFAI TMF., (PhD) at JNTUK.,
Senior Faculty for Management Science,
S&H Department, VVIT, Nambur,
Email: pgpjntuk@gmail.com
Cell: 93 94 96 98 98, 9059 457 336,
My Blog Link: puttuguru.blogspot.in