Following are the comments sent by President, NIPO to DIPP on the proposed IPR Policy:
Intellectual Property Right Policy
• The policy statement needs necessarily be a restatement of the policy as enunciated in various IP laws of India
• Its scope should include the following subjects:
o Utility Models
o Trade Marks
o Industrial Designs
o Geographical Indications
o Biological Diversity
o Plant Varieties and Farmers’ Rights
o Traditional Knowledge
o Copyright and Related Rights
o Layout designs (topographies) of Integrated Circuits
o Trade Secrets
o Control of anti-competitive practices.
• The objective of the policy should be using IP as a tool for encouraging and rewarding innovation and creativity without unreasonably restricting competitive market and ensuring that the rewards flow to the genuine inventors and innovators and creators and not the middlemen.
• The overall approach should be to ensure a fair balance between the public interest and private rights. Article 27 of the Universal Declaration of Human Rights as well as Articles 7 and 8 of the TRIPS Agreement should form the basis of the policy statement.
• Underlying the policy should be the basic fact that IPRs are market distortions in that they establish monopolies and the so called exceptions to IPRs and statutorily permitted uses of various rights, including compulsory licences and fair use provisions, are pro-competitive measures.
• The policy should reiterate the general principles expounded in section 83 of the Patents Act in a broad way.