It was a surprise when the Department of Industrial Policy and Promotion (DIPP) of the ministry of commerce and industry released a document on the National Intellectual Property Policy on May 13 seeking to promote “creative and innovative” India. The surprise is that only a few years ago India undertook massive legislative measures to amend the patent, copyright, and trade mark and design acts and no new measures are on the anvil. Further, recent years witnessed wide ranging and contentious debates over issues relating to “compulsory licensing” and “ever greening” of patents by foreign drug majors.

Unfortunately, India has continued to be under pressure from the US pharmaceutical lobby and the US Trade Representative with suggestions to tighten IPR laws and regulations beyond India’s international obligations. In response to fears expressed by non-governmental organisations the government of India reassured critics that it would not succumb to foreign pressure in instituting IPR amendments. Unfortunately, the current document on IPR, especially its reframing of the objectives of IPR, seems to send a different message.