National IPR Policy 2016 Overview

Study Notes

Adopted by the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce in 2016.
Aims for "Creative India; Innovative India" vision.
Covers all forms of intellectual property and creates synergies across agencies.
DPIIT is the nodal department, with the Cell for IPR Promotion & Management (CIPAM) as the reference point.
Complies with the World Trade Organisation's (WTO) TRIPS agreement.

IPR Awareness: Promotes public knowledge about IPR's economic, social, and cultural benefits.
Generation of IPRs: Stimulates the creation of new intellectual property.
Legal and Legislative Framework: Establishes strong and effective IPR laws balancing rights owners' interests and public needs.
Administration and Management: Aims to modernize IPR administration for better service.
Commercialisation of IPRs: Encourages monetization of intellectual property.
Enforcement and Adjudication: Strengthens mechanisms against IPR infringements.
Human Capital Development: Expands teaching, training, and research capacities in IPR.

Cost of Protection: Initial costs for obtaining protection can be high, particularly for complex products.
Piracy Challenges: Difficult to prevent copying despite IP protection, disadvantaging original creators.
Decline in Quality: Intellectual property may degrade over time, affecting rights.
Global Inequities: Variations in IP laws across nations lead to unequal access, impacting developing countries.
High Prices: Costs associated with patent registration and development inflate prices of patented products, such as pharmaceuticals.

Patents: Protect original inventions and enhancements; covered under TRIPS; last up to 20 years from application; require public description in specifications.
Trademarks: Distinct symbols for products/services; registered for exclusivity; governed by the Trade Marks Act, 1999.
Copyrights and Related Rights: Protect artistic and literary works automatically under TRIPS, covering a wide range of creative outputs.
Geographical Indications: Signify products originating from specific regions with unique qualities.
Industrial Designs: Protect the visual design of objects.
Layout Design for Integrated Circuits: Protects the design of circuit layouts.

Revenue Generation: Licensing IPRs can create significant indirect revenues, beneficial for SMEs and research institutions.
Cultural Promotion: Safeguards creators’ economic returns, thus enriching cultural heritage and diversity.
Technical Information Dissemination: Patents serve as key sources of technological information, helping avoid redundancy in R&D spending and offering solutions to technical challenges.