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National IPR Policy 2016 encompasses all IPRs into a single vision document setting in place an institutional mechanism for implementation, monitoring and review of IP laws
There are following types of intellectual property rights covered under Intellectual Property Rights Policy Management (IPRPM) framework: (i) Patents, (ii) Trade mark, (iii) Industrial Designs, (iv)Copyrights, (v) Geographical Indications, (vi) Semiconductor Integrated Circuit Layout Design, (vii) Trade Secret, and (viii) Plant Varieties.
The framework was launched in the form of National IPR Policy 2016 encompassing all IPRs into a single vision document setting in place an institutional mechanism for implementation, monitoring and review of IP laws. The policy has seven objectives designed for creating an environment that encourages innovation and creativity by providing stronger protection and incentives for inventors, artists, and creators. There are several measures undertaken to achieve the given objectives. Among measures taken are compliance and timeline reduction in IP filing and disposal, fee rebate for Startups, MSMES, Educational Institutions and expedited examination for certain categories of applicants. The details on objectives and activities undertaken since adoption of the policy is given below:
Details on objectives and activities undertaken under the National IPR Policy
Right Area | Legal provision | Subject | Term of Protection |
Patent | Patent Act, 1970 & Patent Rules, 2003 amended in 2014, 2016, 2017, 2019, 2020 and 2021. | Must qualify requirements of being novel, Inventive and having industrial utility | 20 years |
Trademarks | Trademark Act 1999 & Trademark Rules 2017 | Protects brand name, logo, design for a business or commercial enterprise | 10 years ; renewed for 10 years on payment of additional fees |
Designs | Designs Act 2000 & Designs (Amendment) Rules 2021 | New or original designs (ornamental / visual appearance discernible to the human eye) which can be replicated industrially | 10 + 5 years |
Copyrights | Copyrights Act 1957 & Copyrights Rules 2013 amended in 2021. | Creative, artistic, literary, Musical and audio-visual works | Authors -Lifetime + 60 years; Producers – 60 years Performers – 50 years; |
Geographical Indications | Geographical Indications Act 1999 & GI Rules 2002 amended in 2020. | Goods bearing unique characteristics due to geographical linkage - agricultural goods, natural goods, manufactured goods, handicrafts and foodstuff | 10 years, Renewed for 10 years on payment of additional fees |
Semiconductor Integrated Circuits Layout Design | Semiconductor Integrated Circuits Layout Design Act 2000 & Rules 2001 | A layout of transistors and other circuitry elements including lead wires connecting such elements and expressed in any manner in semiconductor integrated circuits. | 10 Years. |
Trade Secret | Common Law approach covered through IPC, Contract Act, IP Act and Copyright | Confidential information having commercial value | Till the time confidentiality is safeguarded. |
Plant Varieties | Protection of Plant Varieties and Farmers Rights Act (PPVFRA), 2001 | Traditional varieties and landraces, all developed varieties (non-traditional and non-landrace) in trade/use for older than 1 year and not older than 15 years or 18 years (in case of trees and vines), and new plant varieties. | 6-10 years. |
These right areas are governed through respective Acts and Rules framed thereunder. The details of legal and regulatory considerations are given are below:
Details of legal and regulatory considerations for different IP areas.
This information has been provided by the Union Minister of State for Commerce and Industry, Shri Som Parkash in a written reply in the Rajya Sabha today.
Intellectual property framework consolidates eight IP categories and mandates facilitation, expedited processing, and commercialization support. Consolidating eight IP categories under a unified framework, the policy sets out statutory bases and protection terms for patents, trademarks, designs, copyrights, geographical indications, semiconductor layout designs, trade secrets and plant varieties, and prescribes measures-procedural amendments, office digitisation, fee reductions, facilitation schemes, expedited examination, awareness programs, academic chairs and innovation centres-to accelerate filings, strengthen protection, and promote commercialization of intellectual property.Press 'Enter' after typing page number.