December 2008: IPR policy and strategy determines the strength of any organization to stay competitive in business and to provide for the protection of the intellectual properties by minimizing the risk of IP litigations. It sets the guidelines for timely filing of patent application, licensing and commercialization for full exploitation of the intellectual property assets. It also establishes a closer link between the research and development department with the legal and IP department and avoids duplication of research with the help of patent landscaping and patent analysis.

The concept of IPR policy is equally important for a nation in order to have effective administration of countries’ intellectual property in different fields of technology and to develop conducive and competitive environment for inflow of foreign direct investment and development of international trade. Transparency in the IPR policy also avert counterfeiting and piracy of copyright, trademark and patented inventions.

IPR strategy helps in effective IP commercialization by determination of licensing of certain patented technologies which cannot be used within the organization due to either the lack of funds for investments or inadequate marketing outlet. It helps in decision making about the exclusive and non-exclusive licensing of the IPR whether it relates to copyrights or any technology. Determination of the IPR policy for proper training of employees for protection of trade secrecy and signing of confidentiality/ non-disclosure agreements at different levels while employing staff or while engaging third party vendor has also become very essential.

Microsoft has declared its “Open Specification Promise” (OSP) for certain software which are patented but are free for open use without infringement. OSP is a kind of irrevocable promise which allows use of certain specified technology without license from the patentee. This avoids litigation and also meets the corporate social responsibility to a large extent. Sometimes the clients or customers require the disclosure of the IPR policy before awarding a contract. In overall objectives of achieving growth in the present global environment an organization must identify and specify its IPR policy and strategy to optimize the value of its IP assets.

ITAG has specialised in development of IPR Policy Manual of an organisation which is equally important as other business policies.

--Dr. D. R. Agarwal