What’s on the IP agenda for 2017?

DPS Parmar and Aniruddh Singh of LexOrbis discuss the pros and cons of ongoing sectoral reform.

With the introduction of a comprehensive National Intellectual Property Rights (IPR) policy in May 2016, the government clearly laid down a roadmap for future development in the IP administration in India. The policy, with the motto of “Creative India; Innovative India”, will contribute to the advancement of India’s IP ecosystem. There were many modifications that took place, from technological advancement to development in infrastructural facilities, and from policy reforms to human capital development. If 2016 was dedicated to certain IP reforms, we may see many policy deliverables in 2017.

The government introduced the Patents (Amendment) Rules 2016, in May last year. The provisions of the rules that found favour with applicants included concessions in the fees for startups and the possibility of a 90% refund in case of withdrawals before a first action report. However, certain provisions, like curtailment of turnaround time from 12 months to six months, received mixed reviews from stakeholders. The purpose behind this move is to accelerate the examination process, but it will be challenging for the applicant to revert back in a shorter time-span.