<div><em>A strict enforcement of IPR may create panic among the generic industries and consumer action groups, says<strong> CH Unnikrishnan</strong></em><br><br><br>The final draft of India’s first national intellectual property rights (IPR) policy, which is expected to be made public by the end of the year after Cabinet clearance, emphasises on stricter enforcement of IP (patent, copyrights and trademark etc) law in the country and has recommended that IPR must form an integral part of the overall development policy of the country going forward. The policy document, which was submitted by the IP Think Tank to the ministry of commerce and industry for Cabinet approval, was leaked out on a blog -- Don’t Trade Our Lives Away-- on Tuesday (13 October).</div><div> </div><div>"The strength of the substantive laws will be reinforced by equally strong administrative, enforcement mechanisms and improved judicial infrastructure," says the final draft of the national IPR policy of which a copy of the leaked version is available with BW Businessworld. </div><div> </div><div>A strict enforcement of IPR that might result in instant grant of court injunctions to rights holders and perhaps more restricted use of flexibilities allowed by TRIPS (Trade Related Aspects of Intellectual Property Rights) in the country, may create panic among the generic industries and consumer action groups.<br><br>The final draft prepared by Justice Prabha Srideven-headed IP Think Tank, however, emphasises that attempts by vested interests to label India’s generic goods, especially drugs and pharmaceuticals, as counterfeits need to be resisted. It also strongly recommends continuation of India’s stand against TRIPS plus provisions demanded by developed countries especially the US and its trade bodies. </div><div> </div><div>"The National IP Policy envisages Intellectual Property (IP) as an integral part of the overall development policy of India and adopts the motto 'Creative India, Innovative India' and it will guide and enable all creators and inventors to realise their potential for generating, protecting and utilising intellectual property which would contribute to wealth creation, employment opportunities and business development,” states the policy draft in its executive summary.</div><div> </div><div>It also emphasised the point that the country’s IPR Policy will protect concerns such as public health, food security and environment, and encourage generation and diffusion of knowledge by laying a roadmap for holistic, effective and balanced development of the Indian IP system.</div><div> </div><div>“India has a strong legislative framework balancing its developmental priorities and international obligations. This balance will be maintained in all international negotiations and TRIPS plus provisions will be avoided. International, regional and South-South cooperation will be promoted," says the final draft of the national IPR policy. </div><div> </div><div>However, the bloggers who first made the leaked policy for public eyes, expressed concerns on the policy’s strong stress on the enforcement of IPR.</div><div> </div><div>“The adoption of this policy would present a serious threat to the affordability of health products. Overzealous use of enforcement measures, including injunctions, could undermine key TRIPS flexibilities and have a chilling effect on generic competition,” the blog stated its post on Tuesday. </div><div> </div><div>“In fact, it does not address the growing number of ex-parte injunctions against APIs (Active Pharmaceutical Ingredient) and formulation producers from the Delhi High Court in violation of Supreme Court guidelines,” it said.</div><div> </div><div>But, the draft document states that national policy will ensure that IP rights are not abused and that implementation and enforcement of IP rights do not adversely affect India's developmental objectives. Rather, the policy will catalyse the full potential of intellectual property for India's economic growth and socio-cultural development while promoting public interest, it added.</div><div> </div><div>India's Department of Industrial Policies and Promotion (DIPP), which is responsible for formulation and implementation of intellectual property legislation under the ministry of commerce and industries had last week offered that the country will unveil its national IPR policy in two months. "India in the next two months will be coming out with a completely new and one of the finest IPR policies in the world," said DIPP secretary, while talking at an Indo-German Business Roundtable in New Delhi on July 6. The first draft of the policy, which was circulated for comments from public and various stakeholders in December 2014, had invoked mixed responses and reactions in the industry. </div><div> </div>
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