This Article is submitted by –
- Apoorva B N
‘Intellectual property’ refers to the creations of the human mind that include inventions, artistic and literary works, names and symbols used in a commercial activity.[1] The different forms of IP include patents, copyrights, trademarks, designs, trade dress, trade secret, plant variety and farmers’ rights, semi- conductor circuit layout designs, utility models and geographical indications.
Why IP?
The importance of human creation is highly substantial to the development of a country. By conferring IP protection to inventions, creations and other original works of the creator or the inventor, IP supports advancement and technical development of the country. The beneficial or interested sectors in new creations and innovations are primarily the government, consumers, the inventor/s and the public in general.
Economic Upliftment via IP—
The very fact that India is a signatory to the TRIPS (Trade related aspects of Intellectual Property Rights) Agreement by itself opens a plethora of possibilities for financial development in India. For instance, when an invention is given a Patent Protection, the inventor is benefitted with a bundle of rights including exclusive license, the right to receive royalty, etc., which will encourage and motivate the rest of the researchers and the entire R & D field to come up with novel inventions in different fields or related fields. This will increase the number of patentees in India in the first place. Further, when the specification of the product or the process is released, it will increase the knowledge of the citizens in that particular field of research regarding the technical know-how of the said invention. If, for instance, the invention is a medicine or a vaccine, once certain companies acquire licenses or permits to manufacture many units of the said invention from the patentee Pharmaceutical Company in greater numbers, employment generation will increase, thereby improving the GDP of the country. Once the inventions fall into public domain, mass manufacturing of the said invention further increases and thus improves the economic scenario in the country.
Policies under the ‘Atmanirbhar Bharat’—
The Hon’ble Prime Minister of India, Shri Narendra Modi, announced the Atmanirbhar Bharat Abhiyan as his vision that literally translates to ‘self-reliant India’. As per this scheme, the five main points of focus are economy, infrastructure, system, vibrant demography and demand. Under this scheme, a special economic and comprehensive package of Rs. 20 lakh crore was introduced which forms 10% of India’s GDP[2]. The package focuses on catering to various sections including cottage industry, MSMEs, labourers, middle class and industries, among others. It lays emphasis on becoming vocal for our local products and making them global.
As the scheme lays serious emphasis on the development of MSMEs by the PHASE-1 scheme, IP has a major role in this instance. As and when MSMEs progress, sectors like start-ups will be coming up with new innovations and creations on which, IP protection will be granted. Under PHASE IV of the scheme, reforms are made where Project Development Cells in all ministries will be coming up with projects. Promotion of New Champion Sectors will be launched in sectors such as Solar PV manufacturing; Advanced cell battery storage—collectively leading to technical and scientific advancement of the country via these novel creations. These advancements and improvisations will also be protected under the IP regime. With respect to Online Education during COVID-19, new technology driven Systems are introduced by tying up with new educational platform providers. Under PHASE III, tremendous reforms have been brought to the agricultural sector which will further safeguard the farmer’s rights via the Formalisation of Micro Food Enterprises.[3]
With government coming up with schemes like ‘Make in India’, ‘Skill India’ and ‘Atma-nirbhar Bharat’, IP Filing and grant activity is likely to increase as per the Director General of Pushpa Gujral Science City, Dr. Neelima Jerath[4]. The Head of PFC-IPR Dr.Yashawant Dev Panwar also stated that the Government of India has taken concrete steps to establish favourable environment for creation and protection of Intellectual Property Rights and strengthening IP administration in the country. [5]
The National IPR Policy of India, 2016 has its objectives set to focus on[6]—
- Creating public awareness about the economic, social and cultural benefits of IPRs among all sections of society;
- Stimulating the generation of IPRs
- Having a strong and effective IPR laws, which balance the interests of rights owners with larger public interest
- Modernising and strengthening service-oriented IPR administration
- Getting value for IPRs through commercialization
- Strengthening the enforcement and adjudicatory mechanisms for combating IPR infringements
- Strengthening and expanding human resources, institutions and capacities for teaching, training, research and skill building in IPRs
Conclusion—
Therefore, it is safe to conclude the substantial importance of Intellectual Property Reforms as under the ‘Atmanirbhar Bharat’ scheme and its dire necessity as regards the present scenario in the country and the implementation of the National IPR Policy, 2016 for the same.
“The views of the authors are personal“
Reference
[1] WIPO, ‘What is intellectual property?’, https://www.wipo.int/about-ip/en/
[2] National Portal of India, ‘Building Atmanirbhar Bharat and Overcoming Covid-19’, https://www.india.gov.in/spotlight/building-atmanirbhar-bharat-overcoming-covid-19
[3] Ibid.
[4] DD News, ‘India among top ten nations in intellectual property filings’, http://ddnews.gov.in/business/india-among-top-ten-nations-intellectual-property-filings
[5] Ibid.
[6]‘ National IPR Policy—Creative India; Innovative India’, https://dipp.gov.in/sites/default/files/National_IPR_Policy_English.pdf
