CIPAM

National IPR Policy

The Policy

National IPR Policy, 2016

The National Intellectual Property Rights (IPR) Policy, approved by the Government of India on 12th May 2016, serves as a comprehensive and forward-looking vision document that brings all forms of intellectual property under a unified framework.

Formulated after extensive consultations with nearly 300 stakeholders comprising individuals, organizations, and 31 Government departments, the policy is a key step in aligning India’s IPR ecosystem with global standards while addressing national priorities.

Holistic Integration: Unifies all IPRs under a single policy framework, promoting synergy among statutes, agencies, and stakeholders across the IP ecosystem.
Institutional Mechanism: Establishes a structured mechanism for policy implementation, monitoring, and periodic review, with an emphasis on incorporating international best practices tailored to Indian needs.
International Commitments: Reaffirms India’s commitment to the TRIPS Agreement and the Doha Development Agenda, while recognizing India’s well-established, TRIPS-compliant legislative, administrative, and judicial systems.

Balanced Approach: Strikes a balance between the interests of rights holders and the larger public good, ensuring an equitable IP environment.
Economic and Innovation Focus: Positions IPRs as marketable assets and tools for economic growth, especially leveraging India's strengths in frugal innovation and engineering.
Guiding Framework: Provides long-term strategic direction for the development and strengthening of the IPR regime in India.
Global Competitiveness: Aims to establish India as a hub for innovation with a robust, transparent, and service-oriented IP administration.

Key Highlights of the Policy:

Policy Review Mechanism:

The policy mandates a review every five years, with a Committee chaired by the Secretary, Department for Promotion of Industry and Internal Trade (DPIIT) responsible for ongoing evaluation and appraisal.

Mission

To create and exploit synergies between all forms of intellectual property (IP), concerned statutes and agencies, to contribute to the overall development of the country.

foster creativity and innovation and thereby, promote entrepreneurship and enhance socio-economic and cultural development.
focus on enhancing access to healthcare, food security and environmental protection, among other sectors of vital social, economic and technological importance

Vision

A vision of India where intellectual property serves as a catalyst for creativity and innovation for the benefit of all; where IP drives progress across science and technology, arts and culture, traditional knowledge, and biodiversity; and where knowledge is not only a key force for development but is also transformed from being individually owned to collectively shared.

Our Objectives

The National IPR Policy outlines seven key objectives, each supported by specific, actionable steps to be carried out by designated nodal departments. These departments will work in collaboration with other government agencies, State Governments, industry players, and various stakeholders. The Department for Promotion of Industry and Internal Trade (DPIIT), will oversee and coordinate the overall implementation of the policy.

The following presents a summary of the main framework and essential action points of the National IPR Policy:

To create public awareness about the economic, social and cultural benefits of IPRs among all sections of society.

Through roadshows and campaigns; incorporation in syllabi and course material for school and higher education level. Online and distance learning programs to be introduced.
Schools, colleges, skill development centers and industry clusters among others to be covered.

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

Review, update and improve existing IP laws in consultation with stakeholders.
Engage constructively in the negotiation of international treaties and agreements.
Traditional Knowledge Digital Library (TKDL) to prevent misappropriation of Indian traditional knowledge – increase ambit, examine usage for further R&D.

To stimulate the generation of IPRs.

Creativity and innovation would be encouraged, leading to generation of IPs and their coverage through IPRs.
IPR output from Government as well as private laboratories and organizations to be improved; R&D to be encouraged.
Domestic filing of patents.

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

Review, update and improve existing IP laws in consultation with stakeholders.
Engage constructively in the negotiation of international treaties and agreements.
Traditional Knowledge Digital Library (TKDL) to prevent misappropriation of Indian traditional knowledge – increase ambit, examine usage for further R&D.

To modernize and strengthen service-oriented IPR administration.

Augment manpower after analyzing projected workload, speedy disposal of backlog, requirements of global protection systems and productivity parameters.
Restructure, upgrade and modernize IP Offices.

Get value for IPRs through commercialization.

Marketing of Indian IPR-based products, especially GIs, and services to a global audience.
Assistance to smaller firms for protection of IPs internationally.
Access to affordable medicines and healthcare solutions.
Timely approval for manufacturing and marketing of drugs, while maintaining safety and efficacy standards.
Promoting R&D across sectors in public and private institutions.

To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements.

Creating IP modules for judges and persons from legal profession.
Specialised Commercial Courts to deal with IP disputes.
Piracy and Counterfeiting being a serious concern needs to be addressed.
Alternate Dispute Resolution methods for Resolution of IP disputes; Mediation and conciliation centres to be strengthened.

To strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs.

Encourage and support capacity building among Women Creators, Innovators, Entrepreneurs, Practitioners, Teachers and Trainers.
Encourage formulation of institutional IP Policy/ Strategy in Government Departments, Higher Education, Research and Technical Institutions.
IP Cells be set up in relevant Ministries, State Governments, Industry associations and major academic institutions; CIPAM to monitor and coordinate.