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25-08-2023
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Answer :
India possesses a comprehensive legislative, administrative, and judicial framework for safeguarding Intellectual Property Rights (IPRs), which aligns with international standards while addressing developmental needs.
This dynamic IPR regime offers several advantages:
- Foreign Investment Attraction: A robust IPR regime encourages foreign investment in research and development, fostering innovation and private sector involvement.
- Balanced Interests: It strikes a balance between rights owners’ interests and broader public welfare, facilitating IPR commercialization.
- Human Resource and Capacity Growth: The regime supports the expansion of human resources, institutions, and capabilities.
- Clinical Trials and Research Boost: It stimulates research in biological therapies and encourages increased clinical trials.
- Technology Transfer: An effective IPR framework facilitates technology transfer through international trade and investments.
India’s National IPR Policy of 2016 enhances and fortifies the IPR ecosystem through several strategic measures:
- IP Exchange Formation: The policy proposes the establishment of an IPR exchange to promote investment in IP-driven industries by linking investors and IP holders. This initiative, led by the Ministry of Science and Technology via the National Research Development Corporation (NRDC), is underway.
- Expedited Patent Examination: The policy suggests expediting patent application examination to encourage domestic manufacturing. The Patent (Amendment) Rules of 2018 and 2019 are aligned with this objective.
- Empowerment of IP Owners: It prioritizes supporting marginalized IP creators such as farmers, artisans, and weavers through rural and co-operative banks.
- Dispute Resolution Enhancement: The policy advocates dedicated commercial courts and Alternative Dispute Resolution Mechanisms for quicker adjudication of IP disputes.
- Enforcement Strengthening: It aims to enhance IPR enforcement by fostering collaboration among government and non-government entities, promoting technology-based solutions. The IPR Enforcement Toolkit has been introduced as part of this effort.
- Additional Measures: The policy suggests initiatives like criminalizing unauthorized copying of movies, encouraging CSR funds for open innovation, and bolstering IPR capacity through training and research.
By seeking a balance between economic growth and social equity, the National IPR Policy, 2016, as supported by the Cell for IPR Promotion and Management (CIPAM), reinforces India’s IPR regime. The CIPAM has also developed Model Guidelines for IPR Policy implementation in academic institutions. Strengthening the IPR ecosystem further requires proactive involvement from state governments.