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Intellectual Property Rights (IPRs) (How to boost innovation? (Improve…
Intellectual Property Rights (IPRs)
Patents
under Indian Patent Act, 1970
to encourage inventions and secure their working on commercial scale
Not granted to enable patentees to enjoy a
monopoly for the importation of patented products
GoI measures
Patent should not unreasonably restrict trade
form 27 under Patent Rules, 2003
Every Patentee to file a statement about the extent that patented product has been worked upon on a commercial scale in India
doe not cover all norms
ensure complete disclosure
Example
Company A has patented drug B2 in India
Does not not necessarily work on commercial availability of B2 in India
Imports the drug B2
Prevents other companies in India through Patent to make B2 commercially available
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Compulsory Licensing
allowed by TRIPS and Doha Declaration
Govt allows other companies to make , use, sell or import a patented product without permission of patent owner
How to boost innovation?
Improve financing to both public and private players for research
Reduce patent pendency in India
Amend National IPR Policy to encourage startups to utilise filed patents
redesign education policies with focus on cognitive learning and quantitative subjects
Take advantage of data analytics boom