IPR protection is needed for a responsible nation like India. As the catchphrase goes: “Either patent or perish”, India must make quick strides on the long road to innovate as the country has a large number of creators and innovators still untapped
The new Intellectual Property Rights (IPR) Policy finally came into reality in May 2016. The draft policy was released by the Department of Industrial Policy and Promotion (DIPP) in December 19, 2014. It received numerous comments and most of the critical stakeholders favoured an IP regime that protected our domestic industries. However, the new policy is designed in tune with a catchy slogan: “Create India; Innovate India” and it is linked with “Smart Cities”, “Digital India” and “Make in India” campaigns of the Government. The policy is broad-based and aims at stimulating innovation while preparing to punish law breakers across the country. India graduating to an emerging power has a lot to do with an advanced IPR regime. Knowledge will be the key to the development of the global economy and India should fully exploit the avenues heralded by globalisation.
The vision and mission for a creative India need to be supported by an adequate IPR regime which also conforms to the standards of the international IPR system mainly brought by the agreement — Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organisation (WTO) in 1995. The TRIPS that introduced near uniformity in global IPR arena is entirely a unique attempt to streamline the IPR laws and regulations spread around the globe. Its aim is to converge the IPR regulations already available and introduce new elements for making one whole IPR structure. However, since the beginning of its coming, it has hammered home mounting controversies as it was seen as a new form of imperialism wrought by the US-led countries and multi-national companies for subjugating the world. Particularly, huge business conglomerations from the US, Japan and the EU have set the agenda for changing the dynamics of global IPR. More interestingly, the IPR matters usually handled by the World Intellectual Property Organisation (WIPO) are seen as overtaken by the WTO. But then the WIPO is an organisation wherein the developing countries have a substantial voice in almost all matters of critical policy making and implantation. Thus many of the business-friendly strategies, mainly IP-related which brought billions of dollars of loss to the advanced countries and their companies, finally forced them to see the WTO as a better platform for dealing with trade-related aspects of IPR. This leads to the birth of the TRIPS within the WTO and it is made to serve the interests of the developed nations. Even later, the Western countries had pushed for more rigorous IPR structures under a new framework called-TRIPS-plus, outside the purview of the TRIPS. The TRIPS-plus wants to further streamline the IPR regimes of the developing and the least developing countries (lDCs) which they still feel not attuned to the protection of their IP rights.
Then comes the arrival of two mega regional trade deals — Trans-Pacific Partnership and the Transatlantic Trade and Investment Partnership — which takes the IP matters and their protection to a new level. With all these new structures, the IPR has been tried to make more exclusive to the exploitation of the advanced nations than making it available for public consumption at large in developing countries and in lDCs. The protest movements raised around the developing countries mostly highlighted their concerns and an impending takeover of the traditional knowledge-based assets.
On this background, India was initially opposed to accept the TRIPS regime. later, it adopted the TRIPS mechanisms and pledged to revamp its IPR governance system. Since 1995, India has incorporated the TRIPS requirements gradually into its IPR governance, and today it has come to a considerable level. The new IPR Policy has been made in accommodating all these changes, but keeping an eye on our national priorities. Thus its vision statement rightly says, “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, knowledge owned is transformed into knowledge shared.” With this, the new policy has brought seven objectives which can drive both the innovators and creators for bringing the best of the changes to the economy. This policy intends to harness the full benefits of creation and innovation in the larger interest of society and citizens. This shows how the new regime tries to take IPR to the heart of the economy which was neglected for so long. Way back in the 1970, when India adopted its first homegrown patent act, the international observers urged the Government to create extensive IPR awareness for stressing on the benefits of the IPR in different sectors of the economy and life. Thus the new policy makes an attempt to underline socio-cultural benefits of IPR which makes it more special to a new generation of people who are accustomed to the demands of the global trade. Nationwide promotional programmes to align both the academia and the industry will help in changing IPR from exclusive domain of a few to an inclusive subject for sure.
Second, it wants to stimulate the generation of IPRs. It further refers to the idea that as India has a large pool of scientific and technological talents across various institutions and universities, the Government must facilitate them to harness innovation for the benefit of all. Though the focus will be given to promote research and innovation which can definitely prioritise our domestic needs, yet this will go a long way in making IPR a major trade subject. Besides, encouraging public-private partnership and roping in more private firms to the IPR sector will stimulate its generation.
Third, having effective laws and regulations to balance the interests of right owners with larger public interest will hold the key to the success of the new policy. As IPR is an exclusive right to the owner or the creator, the public remains outside the domain of its exploitation. But in reality it is not so, because these rights are available only for a few years and afterwards, the products are available for public use. So IP rights do not give the sole protection and use of the product developed by the innovator for whole life. The public welfare aspect of the IP should be highlighted and this should be protected by the Government at any cost. India must display its full commitment to the Doha Declaration on Public Health as health is a sensitive issue. Making essential medicines at affordable price should never be neglected by the Government.
Fourthly, the new policy aims to deliver a modernised and service-oriented administration for IPR. The Intellectual Property Offices (IPOs) across the country must see to it that they all make a chain of user-friendly administrative network like never before. Else, IPR will again remain an inaccessible area for the commoners. For a country like India, we need cost-effective IPR services and this will enhance the chances of commercialisation of IPR in future. The general misconception that IPR is a costly affair must be erased from the minds of the public and then this will witness a new brand of people who wants to innovate and create coming into this network.
Fifth, getting value for IPR through its commercial use can definitely take the whole IPR affairs to a logical conclusion. Sensing the dignity of labour, IP creators must be rewarded and then their products must be exposed for exploiting financial gains. The Government’s effort to make proper platforms for linking creators and innovators to the potential users, buyers and funding institutions will change the entire scenario of IPR in India. More importantly, the IP creators in India need fund. It would be really good if the Government can facilitate creating a pool of investors who can sponsor innovators for coming up with their new ideas. It is high time we encourage our innovators as without this no nation can move further.
Sixth, there is an urgent need to strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements. It is the need of the hour and Government must start a strong crackdown on all IPR infringers. Indeed India and China being large illegal havens for pirated goods, most of the big business houses have mounted pressure on all multilateral forums for stringent IP regimes like the TRIPS. We need to sensitise the public and encourage innovators and creators about all available mechanisms for protecting their creations. Else simply these creations are misused by the international cartels and make huge businesses before even the real product comes into the market. Measures to check counterfeiting and piracy must be strengthened. All intelligence and other security services must be alerted and the international gangs must be checked which are running a clandestine network around the globe. It has become a global menace like terrorism and unless we stop it, it will derail trillions of dollars of business. Hence enforcement and adjudicatory systems for IPRs must remain alert for countries like India.
Seventh, there is a need to strengthen and expand human resources, institutions and capacities for teaching, training, research and skill building in IPRs. Without developing a pool of IPR professionals, IPR will not see its full blown cycle. Harnessing its full benefit demands skilled professionals in the field of IPRs and India badly requires them within no time. With massive investment opportunities and India on the path to become a global economic machine, the country must train a large group of people in this field, Today, the IPOs across the country do not have sufficient number of people and this must be noted by the Government. It is so because IPR education is not getting the kind of thrust it should receive. Universities and law colleges must be encouraged to offer full-time courses in IPRs and then only this gap can be filled. Still very few IPR lawyers are available in this country. Many of them do practice IPR law, along with their major practices in the field of civil and criminal law only. This will not solve the problem. Today the number of litigations in the IPR-related areas demands more professionals.
Whatsoever it may be, the new policy will set the tone for bringing IPR to the mainstream for sure. IPR are getting attention like never before because of massive developments in the field of information and communication technologies. And more because of its awareness brought by the waves of globalisation. India, on the vortex of a grand development trajectory, must exploit the full benefits of IP use. But this requires both public and private participation like the way it is happening in the advanced nations. India to be a global power will have to utilise its innovation network and potential in the coming days. Forging ahead will need a strong and effective IPR governance system, which is now unfolding faster than before. Simply making the IPR system TRIPS-compliance will not enable India to be an IPR-savvy nation. Beyond this, India needs both man and material trained in the latest IPR developments for finally bringing the benefits of the global IPR regime. Hope India does. IPR protection is needed for a responsible nation like India. As the catchphrase goes: “Either patent or perish”, India must make quick strides on the long road to innovate as the country has a large number of creators and innovators still untapped. Hope the new IPRs Policy will embark on this new journey.
(The writer is Senior Editor, The Pioneer)