Pretty quick, one should acknowledge, as the six-member IPR (IP rights) think tank, set up on 22 October 2014, had sought public comments on the shape of the policy till November 30. The policy came out on December 19.
One of the reasons the think tank was able to respond so quickly was perhaps due to the country’s existing IP framework. As the draft policy itself states, “India has robust IP laws and a strong IP jurisprudence. The legal framework does reflect the underlying policy orientation and national priorities, which have evolved over time, taking into account development needs and international commitments.” The panel’s job, thus, was just to make the underlying policy orientation more explicit.
In a nutshell, the draft policy is based on the following assumptions: IP is essential for the country’s growth; the current laws are good enough; most of the benefits of IP protection are enjoyed by overseas entities (especially in the case of patents where 75 per cent of the filings are by foreign entities).
The premise itself will be music to the ears of the proponents of a stronger IP regime, especially governments such as the US, as the draft ignores an equally strong opposing view, from civil society groups, some Sangh Parivar constituents and others, that IP protection can be counter-productive to the development needs of the country.
The proponents of IP will be happy that the draft talks about a review of existing IP laws. The global pharmaceutical industry, for instance, has been seeking a review of the flexibilities built into India’s patent law as it denies them patent protection for incremental innovations. The willingness to engage actively in the negotiation of international treaties and pacts is another area that will be of interest to the global research-oriented industries that are trying to extend the IP protection linked market exclusivity in India.
The draft policy seeks to introduce a concept of “petty patents” or “utility patents” to enable small inventions (or “jugaad” for which India is well known) to get patent protection. The aim is to protect the inventions of small and medium scale enterprises in the unorganised and informal sectors.
The development is worth watching. On 30 September, Prime Minister Modi and US President Barack Obama issued a joint statement that stressed the need to foster innovation, through IP protection. On 26 January when Obama meets Modi as chief guest of India’s Republic Day celebration, the draft IP policy will be one concrete development after their first meeting.
More than the contents of the draft, which may undergo changes before the final version, the timing and the swiftness in action are interesting at the moment.
