Introduction :
As the IP ecosystem is quite vast and varied, each country has established dedicated bodies for the promotion, administration and implementation of IP activities. In India, the key organizations engaged in IP affairs are mentioned below :
Department for Promotion of Industry and Internal Trade(DPIIT), New Delhi
DPIIT, earlier known as the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry,Govt. of India, is the apex IP body. It came into existence in 1995and is the main body for regulating and administering the industrial sector. The major categories of IPs are being governed and administered by the DPIIT . DPIIT has a dedicated and robust Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) for formulating as well as implementation of the policies, rules and regulations pertaining to IPR. In addition, DPIIT also undertakes the following IPR-related activities:
Modernization and strengthening of Intellectual Property Office.
Strengthening of physical infrastructure.
Enhancement of human resources.
Expansion of physical infrastructure at Delhi, Mumbai, Kolkata Mumbai
Development of software required for ISA/IPEA and Madrid Protocol.
Subscription to non-patent literature required for PCT minimum documentation.
Digitization of records.
Sensitization and awareness programmers.
Establishment of the electronic library.
Intellectual Property Appellate Board and its Amendment :
With an increase in the IPR regime all over the world, a higher number of disputes had also been observed. Because of the over occupancy of the judicial courts in India, there was a significant delay in the judgments related to IPR cases. To overcome this issue, in 2003 Government of India established Intellectual Property Appellate Board (IPAB), a statutory body under DPIIT, under the provisions of the Trademarks Act, 1991. The Board used to hear appeals against the decisions of the Registrars of Trademarks and Geographical Indications, and Controller of Patents. The Copyright Office of Government of India had created a dedicated Board to determine the reasonable rates or royalties, licensing and assessment of compensation. In the year 2017, the Copyright Board and Plant Varieties Protection Appellate Tribunal were merged with IPA Band functions in accordance with their respective Acts and Rules. As per the new amendments in the Tribunal Reforms(Rationalization and Conditions of Service) Ordinance, various Boards/Appellate Tribunals, which existed under these statutes, have been abolished Therefore, the IPAB dealing with appeals from the Intellectual Property (IP) offices and matters such revocation of Trademarks, Patents, etc. stands abolished. The orders for the same were passed by the Hon‘ble Shri D.N. Patel(Chief Justice of High Court of Delhi) on 4th April, 2021 Chief Justice also directed High Courts to create a dedicated Intellectual Property Division (IPD) to deal with all matters related to Intellectual Property Rights (IPR). This has been done to avoid multiplicity of proceedings (of IPAB and High Courts) and also to avoid the possibility of conflicting decisions with respect to matters relating to the same trademarks, patents, design etc. All the pending cases (nearly 3000) of IPAB have been transferred to IPD.
Scheme for Facilitating Start-ups Intellectual Property Protection (SIPP)
To protect and promote IP in India, DPIIT initiated this scheme in 2016 This scheme is to facilitate the protection of Patents, Trademarks and Designs generated by start-ups. The scheme is inclined to nurture and mentor innovative and emerging technologies among the start-upstand assist them in protection and commercialization by providing them access to high-quality IP services and resources.
Office of the Controller General of Patents, Designs andTrademarks (CGPDTM) –
This office is the most important component of the IP regime inIndia. It supervises the functioning of the following IP offices:
The Patent Offices (including the Design Wing) at Chennai, Delhi, Kolkata & Mumbai.
The Patent Information System (PIS) and Rajiv Gandhi National Institute of Intellectual Property Management(RGNIIPM) at Nagpur.
The Trademarks Registry at Ahmadabad, Chennai, Delhi, Kolkata & Mumbai.
The Geographical Indications Registry (GIR) at Chennai. The Copyright Office at Delhi.
The Semiconductor Integrated Circuits Layout-Design Registry at Delhi.
IPR Awareness in the Industry & MSME
CIPAM, along with the Ministry of Micro, Small and Medium Enterprises (MSMEs) has convened many IPR training programmers MSME Officers and MSME Clusters. A ‗Trade Secret Toolkit ‘has been prepared for small-scale industries and start-ups.
Training Program for Enforcement Agencies
Over 100 training programs on IP Enforcement have been conducted for personnel of Police, Judiciary and Customs and dedicated toolkit has been designed for this purpose.
Statistical Data on IPR
DPIIT also collects IPR related data and publishes them in their annual reports. It also compares the data with previous years to understand the trajectory of the Patents, Copyrights, Trademarks. and bring necessary intervention for further improvement, if needed. This data has been discussed in earlier chapters. A glimpse of the IPR statistical data is discussed for Patents.
Intellectual Property Facilitation Centre (IPFC)
It is a joint project of NRDC and MSME with a mandate to create awareness and adoption of IPR by the entrepreneurs and the MSMEs From time to time, IPFC organizes IP-related training programs across the country. Participants are awarded certificates after successful completion of the course. The IP related services offered by IPFC include:
Prior Art Search and Preliminary Patentability Assessment. Patent Filing Support for filing with the provisional specification or/and with complete specification.
Advice for filing Patents in other countries.
Advice on examination reports and queries for the Indian Patent Office.
Post-Grant Support.
Support for Infringement Proceedings, Opposition Proceedings.
Technology Transfer Agreements and Patent Valuation.
Technology Marketing and Licensing.IPFC also provides guidance and assistance in the preparation of documents required for registration of Copyrights, Trademark, Industrial Designs, and Geographical Indications.
Rajiv Gandhi National Institute of Intellectual Property Management (RGNIIPM)
This institute has been established as a national “Centre of Excellence” for training, management, research, education in the field of IPR, in Nagpur. Additionally, the institute addresses the need of increasing the general awareness and understanding of the government officers and users of IP systems in universities and other educational institutions. Salient activities of the institute are:
The institute researches various aspects of IP and prepares study reports and policy analysis papers on the subject of current relevance for policy and lawmakers. It conducts research in the field of IP on several socio-economic parameters, strata of the society, technological fields, R&D trends, etc. to find the gasping the IP ecosystem in India. These reports are available on the official website of the institute for free of cost.
Based on the research conducted, discussion with experts of IP laws and other concerned stakeholders, the institute lays down policy recommendations for the government, SMEs, industries and universities in India.
The institute proposes three-month diploma course, six month and one-year Post Graduate Diploma course in Intellectual Property Law.
The institute conducts time to time training for the students and IP professionals for awareness and sensitizes them about the significance of IPR.
The training of IP examiners is conducted to make them proficient as per the international standards. The institute also collaborates with WIPO for organizing training programmers in India.
The institute also organizes IP Awareness/Campaign in the country in collaboration with IP Offices, Government Organizations and R&D Institutions.
IPR Awareness
To sensitize people about the importance of IPR and its protection & management, NRDC organizes IPR awareness seminars/workshops on issues related to the commercialization of Technology/Patents, protection of IP, prior art searching techniques IP issues in technology licensing and so on. NRDC also deliver stalks/seminars on the importance and need for IP protection to students, young scholars, teaching and research communities’ provides IPR Service (Patent search, Patent filing, consultancy, organizing workshops, capacity building, etc.) to many companies, such as National Thermal Power Corporation (NTPC),Bharat Earth Movers Limited (BEML), Mishra Dhatu Nigam Limited (MIDHANI) Bharat Dynamics Limited (BDL).
OBJECTIVES
1.Encourage study of intellectual property rights in the Universities and other recognized institutions of higher Education.
2.Creating public awareness about copyright and IPR Matters among public and academic community Developing and encouraging study in specialized courses In IPRs in higher education system
3.Training of enforcement personnel, namely State Police/custom officials about copyright and related issues
4.Organizing seminars and workshops on copyright Matters/IPRs matters in colleges, universities, and other Recognized institutions.
5.Creating knowledge resources on WTO matter
6.Developing inputs for policy formulation on WTO matters
7.Developing negotiation strategies on WTO
8.Developing course awareness on WTO matters; and Evolving strategies of Regional Cooperation and Regional.
Reference :
- Law Relating To Intellectual Property Rights – V.K Ahuja (Book)
- Intellectual Property Rights – Prof Rupinder Tiwari
- Intellectual property Rights – Prof . Meenu Paul
- https://www.financialexpress.com/industry/sme/msme-eodb-govt-launches-innovative-scheme-for-msmes-to-provide-incubation-improve-design-and-commercialise-patents/2456530/
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