26 Sept 2016 | GS3 | New Intellectual Property Rights Policy 2016, designed to strengthen India’s IPR regime “to foster creativity and innovation,” indicates that it has put the interests of intellectual property owners, or global capital above that of public. Critically examine.

GS III (Issues relating to intellectual property rights) (Hattrick)

New Intellectual Property Rights Policy 2016, designed to strengthen India’s IPR regime “to foster creativity and innovation,” indicates that it has put the interests of intellectual property owners, or global capital above that of public. Critically examine.

Best answer

Aman Chauhan wrote the best answer for this question and got a score of 4.5/10. The answer is being reproduced below for everyone’s convenience. Of course these answers can always be improved. (Best answer  of a particular only involves those given on that day, later answers may not have been checked)

India has always been at the receiving end when it comes to intellectual property laws .Recently, US had put India in its priority watch list under special 301 report .
Analysing our new IPR policy it has tried to strike a balance between innovation and welfare .
Pro-innovation clauses like –
1.entire conformity with WTO TRIPS ( trade related intellectual property rights )
2.films,drawing and music all under IPR protection fostering innovation
3.removal of defective laws along with 5 yearly review in consultation with stakeholders thus generating trust in the policy.
4.modernisation of trademark offices and strengthening machinery in order to reduce time from 6-8 months to just one month thus ,speeding the registration process .
Pro-people clauses like –
1. India has kept the right to grant compulsory licensing to drugs which is undoubtedly a good step as our country has millions suffering from HIV,TB,malaria and other life threatening diseases .It has already been used in case of cancer drugs which is a blessing to the poor .
2. Restriction on evergreening of patents has been maintained as part of the policy.
3. Will promote entrepreneurship and employment by providing appropriate support and funding to startups .
While balancing innovation and public interest we have to make sure not to curb flow of knowledge as turning all the discoveries by scientists into IPR in the country can restrict its free and fair access .
Strengthening of DIPP , adhering to timely registration and creating awareness about Intellectual property rights is need of the hour .

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