Question 18GS3GS3
While India has laws covering almost all types of intellectual property rights, numerous enforcement, regulatory and administrative challenges hamper the commercialisation of IPRs in India. Elaborate. (Answer in 250 words)
Main Body
IPR signpost protect the owner of these rights from misuse, piracy and help them leverage the commercial benefits of their creation. WIPO's IPR report puts India in the 'medium' stage of IPR protection. Indian Law: - Copyright Act 1957 - Trademark Act 1999 - Designs Act 2000 - Patent Act 1970 Challenges: A) Enforcement: i) IPR protection laws not acting as strong deterrent due to poor designing of law ii) Lack of past back courts iii) Awarding delays in enforcement and huge pendency iv) Enforcing authority missinglack of coercive punitive actioncourts overburdened by USA violating IPR, GI tags B) Regulatory: i) Mismatch in lawslack of awareness ii) IPR acceptance, filing and approval timing slow as compared to world average (Avg 6 months) iii) Filing via digital, single window access, end-to-end guidance is lacking C) Administrative: i) Huge piracy issue because telegram has pirated movies, books etc. so capacity lacks ii) Lack of dedicated cadre and trained workforce to address these mismatches iii) State level-centre level mismatch and lack of coordination Ways forward: i) Strengthen regulating regime CGPI (controller general of patent office to be separated) ii) Learn from global best practice by USA, Japan iii) Follow WIPO guideline iv) Strengthen e-governance, use of India stack v) Universities as IPR hubs to spread awareness, train students and researchers in IPR policy of state like Anand
Awarding delays in enforcement and huge pendency iii) Enforcing authority missinglack of coercive punitive actioncourts overburdened by USA violating IPR, GI tags iv) Contact enforcing IPR requiring Alternate Dispute Resolution ADR not developed in India B) Regulatory: i) Mismatch in lawslack of awareness ii) IPR acceptance, filing and approval timing slow as compared to world average (Avg 6 months) iii) Filing via digital, single window access, end-to-end guidance is lacking C) Administrative: i) Huge piracy issue because telegram has pirated movies, books etc. so capacity lacks ii) Lack of dedicated cadre and trained workforce to address these mismatches iii) State level-centre level mismatch and lack of coordination
343 words1 paragraphs
Conclusion
Anusandhan is innovation will make India a 'developed nation' Vivaagunam and secure strong IPR protection.
15 words
Diagram
Hierarchical diagram showing Indian Law (Copyright Act 1957, Trademark Act 1999, Designs Act 2000, Patent Act 1970) with branches for Challenges (Enforcement, Regulatory, Administrative) and sub-points
Topper
Nisar Dishant Amrutlal
AIR 192030
Subject & Paper
GS3GS3
Topic
Science and Technology
IPR
Issues Relating to Intellectual Property Rights
Writing Stats
358
Total words
1
Paragraphs
analytical
Tone