On 12th May, 2016 the Union Cabinet of India approved the country’s first IPR Policy which lay the future roadmap for intellectual property in India. The visionary slogan is “Creative India, Innovative India”. In the past, many foreign companies had massive problems protecting intellectual property.
India´s new policy aims to create and exploit synergies between all forms of Intellectual Property, its concerned statutes and agencies. It has seven objectives:
IPR Awareness: Create public awareness about the economic, social and cultural benefits of IP among all sections of society for accelerating development, promoting entrepreneurship, enhancing employment and increasing competitiveness.
Generation of IP: Stimulate the creation and growth of intellectual property through measures that encourage IP generation.
Legal and Legislative framework: Have strong and effective laws with regard to IP rights which balance the interests of rights owners with public interest.
Administration and Management: Modernize and strengthen IP administration for service-oriented IP management.
Commercialization of IPRs: Augment commercialization of IP rights – valuation, licensing and technology transfer.
Enforcement and Adjudication: Strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements.
Human Capital Development: Strengthen and expand human resources, institutions and combating IPR infringements.
Will India achieve these objectives? We are quite skeptical. The Enercon-case shows that the country is far behind of an up-to-date IP regime. And compared with IP in China, India is a desert.
Source: Government of India, Ministry of Commerce and Industry