Previous Year Question
With reference to the ‘National Intellectual Property Rights Policy’, consider the following statements:
It reiterates India’s commitment to the Doha Development Agenda and the TRIPS Agreement.
Department of Industrial Policy and Promotion is the nodal agency for regulating intellectual property rights in India.
Which of the above statements is/are correct?
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Correct Answer: C
Detailed Solution
Statement 1 is correct.
The Union Cabinet approved the National Intellectual Property Rights Policy on 12 May 2016. Its principal vision was “Creative India; Innovative India.”
The policy recognised that India already had a TRIPS-compliant legislative, administrative and judicial framework. It reiterated India’s international commitments relating to Intellectual Property Rights, including its commitment to the Doha Development Agenda and the TRIPS Agreement.
TRIPS stands for the Agreement on Trade-Related Aspects of Intellectual Property Rights. Operating under the WTO framework, it prescribes minimum international standards for the protection of Intellectual Property.
The policy emphasised a balance between:
Encouraging innovation and creativity.
Protecting the rights of inventors and creators.
Safeguarding public health and the wider public interest.
Promoting technology transfer and commercialisation.
Adopting international best practices suited to Indian conditions.
Protecting Traditional Knowledge and Genetic Resources.
Statement 2 is also correct.
At the time of the National IPR Policy, the Department of Industrial Policy and Promotion—DIPP was designated as the nodal department for coordinating, guiding and overseeing the implementation and future development of Intellectual Property Rights in India.
“Nodal agency” did not mean that DIPP directly carried out every registration or adjudicatory function for every category of Intellectual Property. It referred primarily to overall policy coordination and institutional oversight.
For example:
Patents, Designs, Trade Marks and Geographical Indications are administered through the Controller General of Patents, Designs and Trade Marks.
Protection of Plant Varieties is administered by a separate statutory authority.
Semiconductor Integrated Circuits Layout Designs are governed through a separate law and administrative mechanism.
Seven objectives of the National IPR Policy
IPR Awareness: Creating public awareness regarding the economic, social and cultural benefits of Intellectual Property.
Generation of IPRs: Encouraging research, invention and creative activity.
Legal and Legislative Framework: Balancing the interests of rights holders with the wider public interest.
Administration and Management: Modernising IPR administration and making it transparent and service-oriented.
Commercialisation of IPR: Connecting Intellectual Property with markets and economic value.
Enforcement and Adjudication: Strengthening mechanisms for addressing infringement.
Human Capital Development: Developing IPR education, research, training and professional expertise.
Current position (2026): In 2019, DIPP was renamed the Department for Promotion of Industry and Internal Trade—DPIIT. Consequently, current government documents use DPIIT instead of DIPP.
DPIIT, under the Ministry of Commerce and Industry, remains the nodal department for IPR policy. Patents, Designs, Trade Marks and Geographical Indications are administered through the CGPDTM framework under it.