Why in News?
Recently, the Ministry of Commerce and Industry, Government of India, has informed the Rajya Sabha about the Intellectual Property Rights Policy Management (IPRPM) Framework.

What are rights to intellectual property?  
IPR refers to the privileges people have over the works of their minds. Typically, they grant the creator a time-limited, exclusive right to use his or her creation.
The right to benefit from the protection of moral and material interests resulting from the authorship of scientific, literary, or artistic productions is outlined in Article 27 of the Universal Declaration of Human Rights.
The Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works (1886) were the first international agreements to acknowledge the significance of intellectual property.
The World Intellectual Property Organisation (WIPO) oversees both treaties.

The need for IPR  
·         Promotes Innovation
·         The commitment of additional resources for further innovation is encouraged by the legal protection of new inventions.
·         Economic Development: The promotion and protection of intellectual property encourages economic development, develops new markets and businesses, and improves people's quality of life.
·         IPR is required to protect the rights of creators and other producers of their intellectual property by giving them specific, time-limited rights to regulate how the manufactured goods are used.
·         Ease of Doing Business: It encourages creativity and innovation while ensuring business ease.
·         Technology Transfer: It makes it easier for technology to be transferred through foreign direct investment, partnerships, and licencing.

Intellectual Property Rights Policy Management framework:  
Intellectual Property Rights Policy Management framework covers 8 types of intellectual property rights.
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: 
Details on objectives and activities undertaken under the National IPR Policy
Appropriate amendment in IPR Laws and Rules - improving procedural requirements in processing of applications to speed up grant and disposal.
Modernisation & Digitisation of IP offices - improvement in functioning and performance of IP Offices as well as streamlining workflow processes.
Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP) to encourage filling of Patent applications by Startups.
Reduction in filing Fees for Start-ups, MSMEs, and educational Institutes to encourage Patent filling.
Expedited Examination for certain category of applicants, such as Start-ups, small entities, women inventors for expeditious grant of Patents.
Awareness initiatives and Programs for stakeholders with an intent to inculcate importance of protecting their IPR at an early stage in the business development cycle.
National Intellectual Property Awareness Mission (NIPAM), a flagship program to impart IP awareness and basic training in educational institutes.
National Intellectual Property (IP) Awards are conferred every year to recognize and reward the top achievers comprising individuals, institutions, organizations and enterprises, for their IP creations and commercialization.
Patent Facilitation Programme has been revamped to scout patentable inventions and provide full financial, technical and legal support in filing and obtaining patents.
Expand Knowledge Capacity & Skill Building: To promote the study, research, and development of IPR in higher educational institutions, IPR chairs have been set up across the country under the Scheme for Pedagogy & Research in IPRs for Holistic Education and Academia (SPRIHA). Currently, 37 IPR Chairs are incorporated. These Chairs have facilitated 146 Patent filings and 424 Patents registered, 215 IP works published, 1373 total   IP Programs conducted, 238 Pedagogy activities undertaken during 2020-21 and 2022-23.
Commercialization of IP:  Technology Innovation Support Centres (TIS) have been set us in various Central and State Universities and State Council for Science & Technology across the country for supporting IPR education, boosting IP filings and enhancing IP commercialization. Since 2020, 12 established TISCs have filed 734 patents, conducted 1752 IP awareness programs, and commercialized 99 patents. Additionally, 901 applications for trademarks, designs and copyright were also filed. The network has been further expanded with 22 new TISCs across 20 states in the country. Technology Transfer Organizations (TTOs) & Incubators are also working in around 150 research institutions and more than 1000 Universities for commercializing IP.
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. 
  
   
   
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 informationhaving   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.
   
  
 
 
Issues Related to IPR Regime: 
Patent-Friendliness Over Public Health: The National IPR Policy recognizes the contribution of the Indian pharmaceutical sector in providing affordable medicines globally. However, India's patent establishment has prioritized patent-friendliness over public health and national interest in the pharmaceutical sector.
Data Exclusivity: Foreign investors and Multi-National Corporations (MNCs) allege that Indian law does not protect against unfair commercial use of test data or other data submitted to the government during the application for market approval of pharmaceutical or agro-chemical products. For this, they demand a data exclusivity law.
Resulting in Anti-Competitive Market: The Patents Act has four stakeholders: society, government, patentees, and their competitors, and interpreting and enforcing the act to only benefit patentees undermines the rights of other stakeholders and leads to anti-competitive market outcomes.
 
The way forward 
 The way forward for Intellectual Property Rights (IPR) in India involves continuous improvement of the legal framework, strengthening enforcement mechanisms, promoting innovation and creativity, and creating awareness about the significance of IPR. Here are some key steps to advance IPR in India:
1. Enhance Legal Framework: Continuously review and update IP laws to align with international standards and best practices. Address any gaps or ambiguities in the existing laws to provide better protection to innovators and creators.
2. Streamlined IP Registration Process: Simplify and expedite the process of IP registration to encourage more individuals and businesses to protect their intellectual property. Reduce bureaucratic hurdles and ensure timely examination and grant of IP rights.
3. Encourage Innovation and R&D: Foster an environment that promotes innovation and research & development (R&D). Provide incentives such as tax benefits, grants, and subsidies to encourage businesses and individuals to invest in innovative projects.
4. Support Startups and SMEs: Focus on supporting startups and small and medium-sized enterprises (SMEs) by offering specialized IP assistance, awareness programs, and fast-track registration processes.
5. Strong Enforcement Mechanisms: Strengthen enforcement mechanisms to deter IP infringements effectively. This includes improving the capacity of law enforcement agencies, establishing dedicated IP enforcement units, and implementing strict penalties for violations.
6. IPR Awareness Campaigns: Conduct extensive awareness campaigns to educate the public, businesses, and government agencies about the importance of respecting and protecting IPR. This can help create a culture of respect for IP rights and reduce infringement cases.
7. IPR in Education: Integrate IPR education into the curriculum at educational institutions. By raising awareness about IP rights from an early stage, students will be better prepared to respect and protect these rights in their future endeavors.
8. Technology Transfer and Licensing: Facilitate technology transfer and licensing agreements between research institutions, universities, and industries. This can help in the commercialization of innovative technologies and drive economic growth.
9. International Cooperation: Collaborate with other countries and international organizations to share best practices, improve enforcement cooperation, and ensure a consistent approach to IPR protection globally.
10. Digital IP Protection: Address challenges related to digital piracy and online infringement by implementing effective measures to protect digital IP assets, including copyrights, trademarks, and patents.
11. Geographical Indications (GI) Protection: Strengthen the protection of geographical indications to safeguard traditional knowledge and products unique to specific regions.
12. IPR Policy Research: Encourage research and studies on IPR-related issues to better understand the impact of IP protection on economic growth, innovation, and societal development.
  By taking these steps, India can create a robust and supportive ecosystem for intellectual property, which will not only foster innovation and creativity but also attract foreign investments and contribute to the country's overall economic growth.