Summary
The upcoming Indian National IP Policy, as reported by The Economic Times, is expected to be released within two months and is anticipated to redefine India’s approach to intellectual property rights. The draft policy has received both criticism and praise from legal scholars and industry experts, who emphasise the need for a robust, clear, and inclusive policy. Industry leaders hope the final policy will address critical issues such as timely enforcement, protection for local industries, and the encouragement of innovation. The policy must balance various interests, including innovation promotion and public welfare, while establishing India’s clear stance on intellectual property. The SiNApSE Team expresses hope that the new policy will provide clarity and instil confidence across stakeholders.
India’s National IP Policy: Industry Expectations
The Indian National IP Policy was reported to be nearing release, with the DIPP Secretary, Mr. Amitabh Kant, quoted by The Economic Times as stating that India would “in the next two months be coming out with a completely new and one of the finest IPR policies in the world.” The Draft National IP Policy had received a mixed reception from the legal and business community — some scholars characterised it as a hastily compiled document, while others acknowledged it as a reasonable starting point for a defined IP framework.
Expert Responses
Industry stakeholders and IP professionals offered a range of perspectives on the policy’s anticipated direction and priorities.
Rajeev Shirvaikar, IP Head at Mahindra and Mahindra, observed: “The National IPR Policy being framed by the Government of India along with the other initiatives of national significance such as ‘Make in India’, ‘Digital India’ and ‘Smart Cities’ is a very welcome and timely step. However, it needs to prioritize and also indicate timelines for the policy measures vis-à-vis such programmes rather than leaving the same open-ended. Let us hope that the Policy also fosters ‘Create in India’ by strategically integrating IPR into our country’s innovation and commercialization process.”
Nilesh Puntambekar, IP Head (Asia-Pacific) at Emerson, stated: “India’s national IP policy must protect interests of Indian industries and also create confidence among foreign industries through fairness & transparency.”
Mr. Madhavan, MD & CEO of PEPS Industries, commented: “IP & its awareness is just catching up India. The order of the day in our country from the competition perspective is to follow the leader, in other words is to copy the leader in whatever fashion possible. This doesn’t auger well for creative and innovation organizations. Today, legal recourse in IP disputes is a along drawn process, and I hope the policy will address this issue. The IP policy must endeavor to promote healthy competition and prevent slavish copying.”
Sandeep, IP Counsel at Oracle, stated: “The IP Policy must provide a framework for a progress oriented IP regime which is also inclusive of all interest groups. Additionally, at the policy level it should allow better enforcement of rights, and business value creation.”
Anil Kompally, advocate at Sahasarara Legal, observed: “The IP Policy must lay down the framework for establishment of special tribunals for handling intellectual property cases. That will not only permit speedy dispute resolution, but will also bring specialized knowledge, which is the need of the hour.”
Analysis
Policy-making in the field of intellectual property involves competing interests: promotion of innovation, access to knowledge, public health, and commercial certainty for both domestic and foreign investors. The complexity of balancing these interests is reflected in the mixed reception afforded to the draft policy. Whether the final document would satisfy the expectations articulated by various stakeholders remained to be seen at the time of publication.
Disclaimer
This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.