Day 50 – Q 3.Do you think India’s IPR regime is so liberal that it curbs innovation? Critically examine.

3. Do you think India’s IPR regime is so liberal that it curbs innovation? Critically examine. 

क्या आपको लगता है कि भारत का आईपीआर शासन इतना उदार है कि यह नवाचार को रोकता है?  समालोचनात्मक जांच करें।

Approach:

• Introduction- Brief on India’s IPR regime.
• Is it liberal enough to curb examine- Examining critically means you have write both in support of the statement and against.
• Conclusion

Introduction:

IPRs are critical to incentivizing innovation, which, in turn, is key to sustaining economic growth and increasing living standards.
The International IP Index 2017 released by the US ranked India at a dismal 43rd position out of 45 countries.

India’s IPR regime and innovation:

While IP could accelerate innovation in certain technology sectors, it impedes innovation in others

• It advocates that publicly funded scientists and professors must compulsorily convert all of their discoveries into IP assets, much before they have even written this up and published it in reputed science journals — and that their promotions be predicated on the number of IP applications made.
  We must encourage a plurality of approaches when it comes to IP and innovation; our scientists should be free to take this call on whether or not they wish to register IP.
• The policy has taken note of our “informal” (rural) economy and the need to encourage the prolific creativity found within. However, the policy leans towards the superimposition of a formal IP framework on this marginalised sector.
• The policy recommends that the unauthorised copying of movies be criminalised. Bollywood requires some protection from pirates, but criminalising what is essentially a civil wrong (much like defamation) is not good.

Positive factors:

• It has features like compulsory licensing (Section 3(d)) and counters evergreening of patents.
• The Policy will also ayurveda, yoga, naturopathy, unani, siddha and homoeopathy.
• It has included the concept of ‘utility patents’ — a model less stringent than for patents.
• It counters misappropriation of traditional knowledge: ‘Bio-piracy’ such as patenting of medicinal properties of turmeric and neem in the US – known for centuries in India – have aggravated concerns of misuse of IPR laws.
• Expedited examination, an IP exchange and the proposal to encourage Corporate Social Responsibility funds into open innovation.

Way ahead:

• Promoting an environment of innovations in schools. The academic curricula need to be rebooted.
• A proper resolution mechanism for resolving IPR related issues.
• Strict implementation of law rather than strict provisions should be focused upon.

Conclusion:

India’s regime being aligned with international standards set by WTO promotes innovations and is not liberal. However, there are few provisions which may curb innovation. The government after discussion with other stakeholders need to re-look at those provisions.

Best answer: No answer