Last month, the Union Cabinet approved the National Intellectual Property Rights (IPR) Policy that may lay the future roadmap for intellectual property development programme in India. The National IPR Policy is considered to be a vision document aiming to create and exploit synergies between all forms of intellectual property, concerned statutes and related agencies. The long awaited IPR Policy, submitted by a six-member task force headed by Justice Prabha Sridevan, is drafted around the theme ‘Creative India, Innovative India’. The policy is categorized under seven sections covering IP awareness and promotion, creation of IP, legal and legislative framework, IP administration & management, commercialization of IP, enforcement & adjudication and human capital development. The document states that the policy will stimulate a dynamic, vibrant and balanced intellectual property rights system in India to foster creativity and innovation and thereby, promote entrepreneurship and enhance socioeconomic and cultural development. The IPR Policy underlines the fact that India has a well-established TRIPS-compliant legislative, administrative and judicial framework to safeguard IPRs. At the same time it also meets its obligations while utilizing the flexibilities provided in the international regime to address the country’s developmental concerns. The policy also reiterates India’s commitment to the Doha Development Agenda and the TRIPS agreement.

The government’s decision to frame a National IPR Policy is in the context of the ongoing disputes and challenges of the modified Patent Act notified in 2005. Implementation of the amended Patent Act allowing grant of product patent in pharmaceutical industry has been facing serious hurdles ever since 2005 with long drawn out litigations in the patent offices and various courts in the country. Granting a product patent to companies with freedom to sell the patented products at any price is certainly a serious matter considering the essentiality and life saving nature of these products. The Act provided some key provisions relating to patentability of a product and opportunities for pre grant and post grant opposition to the affected companies. There is also a provision for grant of compulsory license in case of a national emergency or in the event of non working of the patent for 3 years from the date of grant. These provisions were incorporated with the intention of preventing any misuse of the patent right by the owner of the patent. Yet, the country has been witnessing persistent attempts to misinterpret new patent rules by the MNCs by exploiting the inherent weakness of the Indian legal system. One of the major point of disputes in the amended Patent Act has been regarding the Section 3 (d) disallowing attempts for ever greening of patent. Many of the ongoing patent disputes are over this issue. Delay in deciding the grant of patent by the different patent offices because of inadequate number of examiners has been another key issue. The IPR Policy aims to bring clarity to existing laws and make changes wherever required to safeguard the interests of Indian industry and patent holders. Now what is important is how fast the IPR Policy can be implemented in the country. It will be prudent to involve public and private sector institutions and other stakeholders including state governments for its effective implementation.