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LATEST NEWS UPDATES | Who Gains from the Modi Government’s Intellectual Property Rights Policy? -Dinesh Abrol

Who Gains from the Modi Government’s Intellectual Property Rights Policy? -Dinesh Abrol

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published Published on May 23, 2016   modified Modified on May 23, 2016
-TheWire.in

The new policy is clearly informed by conservative pro-IP ideology, which big capital promotes in order to gain from current developments in science and technology.

The National Intellectual Property Rights policy was approved by the cabinet on May 12, 2016 and released to the press a day later by Finance Minister Arun Jaitley.

It is a “first of its kind” policy for India, covering all forms of intellectual property together in a single framework. The policy follows a completely new set of principles that are tilted in favour of intellectual property (IP) owners in every possible way. The principles laid down in the policy incentivise IP owners by granting them monopoly rights. The policy rewards big capital without paying attention to the balance to be established vis-à-vis public interest and development. Since the government presents itself as pursuing development, it is ironic that its new policy gives very little importance to either public interest or the developmental challenges that India faces.

The policy will govern the following Acts: Patents, Trade Marks, Design, Geographical Indications of Goods, Copyright, Protection of Plant Varieties and Farmers’ Rights, Semiconductor Integrated Circuits Layout Design and Biological Diversity. It is expected, therefore, that it will impact sectors as diverse as pharmaceuticals, software, electronics and communications, seeds, environmental goods, renewable energy, agricultural and health biotechnology, and information and communications. The policy demonstrates a maximalist agenda (that is, an agenda geared towards the maximum possible incentive and rights for IP owners), to drive the development of industry, publicly-funded research and development organisations, educational institutions and government departments in India from now on. The policy admits that the intellectual property of foreign corporations has gained from the changes made to India’s IP laws after joining the World Trade Organisation and that the size of Indian IP is small. Even so, it continues on the same path without adducing an iota of evidence to support the assumption that a strong IP-based policy framework is essential for promoting creativity and innovation in India.

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TheWire.in, 22 May, 2016, http://thewire.in/2016/05/22/who-gains-from-the-modi-governments-intellectual-property-rights-policy-37795/


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