Intellectual Property LAW EXPLAINED
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Understanding Intellectual Property Rights (IPR)

Before coming to the National IPR policy, it is first important to be very well familiar with what is meant by the Intellectual Property Rights (IPR).

Basically, intellectual property rights are those rights which are made available to the persons for the creation or creativity of their minds like inventions, literary works, symbols, designs, names, etc. These rights usually give the maker an exclusive right over the utilization of his/her creation for a specific timeframe. IP is ensured in law by, for instance, patents, copyright, and trademarks that alter people to acquire acknowledgment or money related profit by what they invent or create. Some types of IPs are patents, trademarks, copyrights, plant varieties, trade secrets, and industrial design rights.

IPR Regime in India

IPR means to spike and boost creativity and innovation and encourage access to data in order to achieve social and economic welfare. In 1994, part nations of the World Trade Organization (WTO) signed the Trade-Related Aspects of intellectual property rights (TRIPS), that built up the world measures for IPRs.

India was ranked twenty-ninth out of thirty countries in the International IP Index, 2015 which was launched by the Global Intellectual Property Center of the US Chamber of Commerce. This ranking measures the altogether IP condition in a nation. China is ranked nineteenth in a similar rundown. Also, India has ranked seventy-sixth out of one hundred and forty-three countries within the Global Innovation Index 2014 which was published by the Cornell University, INSEAD, and World Intellectual Property Organization (WIPO).

Analysis of the National IPR Policy

The National IPR policy was launched in 2016 to manage future advancements in the IPR system in India. With the call of “Creative India, Innovative India” it makes an approach system to bring all IPR related issues on a solitary stage. In order to support commercialization and incentive for IPs, this policy proposes a study to take a look at the possibility of an IPR trade. The policy also asks the government to investigate the probability of sped up assessment of patent applications to push production in the Asian nations. The Policy also observes the rural and minimized economy.

The requirement for perceiving the introduction of a sui-generis law for Traditional Knowledge is a significant feature of this policy. By the method of this policy, the ambit of a Traditional Knowledge Digital Library is to be extended and how it very well may be utilized for innovative work purposes. Anyway, the policy neglects to clarify insights concerning the ownership of traditional knowledge. The government by the method of the National IPR policy intends to utilize the IPR more towards supporting the less engaged individuals in the society, for example, farmers, weavers, and so on. By doing this, the policy plans to utilize such rights for commercial purposes as well as for financial purposes.

The policy expresses that India will take part in being signatories to international treaties which it is truly a piece of. It likewise expresses that international treaties and agreements to which India is a part of would-be helpfully arranged and new agreements would likewise be made. The policy additionally centers on cutting down the registration time frame for Trademarks, Copyrights, and Patents and make the procedure digitized so as to make it as straightforward as could reasonably be expected. A world-class standard would be set if such a diminished timeframe is accomplished. The policy discusses selecting individuals and preparing them so as to address the pendency of IP applications and furthermore to modernize the whole procedure.

The policy drills down numerous objectives yet it neglects to give points of interest to some of them. It appears to be dubious in specific zones where a portion of the focuses have just been named with the goal for them to be referenced in the policy however no exhaustive subsequent meet-ups in regards to those are given.


To conclude, it can be said that it is important that the individuals have Intellectual Property Rights as the world is getting more advanced and with the advancement, the technology is taking over every aspect of life and therefore, it becomes really necessary that everyone is protected by such laws. It is believed and is hoped that the aims of the National IPR policy are achieved in order that India can be named as one of those countries which have a powerful and requisite Intellectual Property Regime.

This blog is written by Rashi Srivastava, Amity University.

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