Report 161: Review of the Intellectual Property Rights Regime of India
A report entitled “Review of the Intellectual Property Rights Regime in India” was put forward by the Department Related Parliamentary Standing Committee on Commerce on 23 July 2021.[1] This report is also referred to as Report 161.[2] Mr. V. Vijayasai Reddy is the chairman of the Department Related Parliamentary Standing Committee on Commerce.[3]
Report 161 recommended the following key takeaways-
- The Intellectual Property Rights Policy, 2016, should be reviewed as there is a requirement to re-assess the Intellectual Property Rights policy.[4]
- Promotion of IP financing by taking the necessary steps needed.
- State governments should participate in setting up strong IP policies for their States.
- Expenditure on Research and Development (R&D) activities should be increased by allocating specific funds on R&D in the respective Department/Ministry. It will increase the number of IP generation predominantly with patents.
- An exclusive apex level Institution working for economic and social growth for intellectual property rights Development in India is needed.
- In the filing stage, products should be tagged with the status of “Patent Pending”.
- Initiatives for promoting IP awareness should be boosted to increase intellectual property rights filings.
- Intellectual property rights Facilitation Centres in Tier-I, Tier-II, and remote areas of the country should be established.
- Formation of IP Fund and Nurturing IP Culture.
- Renewal time of Copyright Societies has been recommended to increase from 5 to 10 years by the Committee.
- India should maintain stability between private rights through intellectual property rights on one side and rights of the society as public interest on the other side. The Government should establish an intellectual property rights ecosystem facilitating an environment of research and innovation consistent with immense public interest while ensuring fair competition in industrial, economic, social, scientific, and technological spheres.
- A centralized agency for Geographical Indications must ensure strict enforcement mechanisms to observe the standards check infringements at distinct platforms.
- Traditional Knowledge digital library (TKDL) should be strengthened.
- A separate category for Inventions should be established at schools and colleges.
- A separate framework is required to safeguard Trade secrets.
Although the 161st report is discouraging at various levels, this report has mentioned significant and vital concerns from a public interest outlook. A detailed list of complicated recommendations has been discussed in the report, such as patent endorsement, re-establishment of IPAB, and many more.
[1] For details, see Report 161- "Review of the Intellectual Property Rights Regime in India" by The Department Related Parliamentary Standing Committee on Commerce. – INTELLECTUAL PROPERTY RIGHTS Law India - Indian IP Law Resources , available at https://Intellectual Property Rightslawindia.org/report-161-review-of-the-intellectual-property-rights-regime-in-india-by-the-department-related-parliamentary-standing-committee-on-commerce/ (accessed on 27, August, 2021). [2] Ibid. [3] For details, see 24 Department-related Parliamentary Standing Committees reconstituted - Rajya Sabha TV (rstv.nic.in) , available at https://rstv.nic.in/24-department-related-parliamentary-standing-committees-reconstituted.html#:~:text=The%20Parliamentary%20Standing%20Committees%20relate%20to%20Ministries%20or,as%20the%20Chairman%20of%20the%20Committee%20on%20Commerce (accessed on 27, August, 2021). [4] For details, see 161_2021_7_15.pdf (rajyasabha.nic.in) , available at https://rajyasabha.nic.in/rsnew/Committee_site/Committee_File/ReportFile/13/141/161_2021_7_15.pdf (accessed on 28, August, 2021).
Author: Nikita Dobhal, student at Jagran School of Law, Dehradun
Disclaimer: This brief is intended to provide general guidance to the subject matter. It does not contain legal advice. For any specific advice/corrections, write to [email protected]
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