Ministry of Commerce & Industry
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Intellectual Property Rights Policy Management framework covers 8 types of intellectual property rights

National IPR Policy 2016 encompasses all IPRs into a single vision document setting in place an institutional mechanism for implementation, monitoring and review of IP laws

Posted On: 21 JUL 2023 6:15PM by PIB Delhi

There are following types of intellectual property rights covered under Intellectual Property Rights Policy Management (IPRPM) framework: (i) Patents, (ii) Trade mark, (iii) Industrial Designs, (iv)Copyrights, (v) Geographical Indications, (vi) Semiconductor Integrated Circuit Layout Design, (vii) Trade Secret, and (viii) Plant Varieties.

The framework was launched in the form of National IPR Policy 2016 encompassing all IPRs into a single vision document setting in place an institutional mechanism for implementation, monitoring and review of IP laws. The policy has seven objectives designed for creating an environment that encourages innovation and creativity by providing stronger protection and incentives for inventors, artists, and creators. There are several measures undertaken to achieve the given objectives. Among measures taken are compliance and timeline reduction in IP filing and disposal, fee rebate for Startups, MSMES, Educational Institutions and expedited examination for certain categories of applicants. The details on objectives and activities undertaken since adoption of the policy is given below:

   Details on objectives and activities undertaken under the National IPR Policy

  1. Appropriate amendment in IPR Laws and Rules - improving procedural requirements in processing of applications to speed up grant and disposal.
  2. Modernisation & Digitisation of IP offices - improvement in functioning and performance of IP Offices as well as streamlining workflow processes.
  3. Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP) to encourage filling of Patent applications by Startups.
  4. Reduction in filing Fees for Start-ups, MSMEs, and educational Institutes to encourage Patent filling.
  5. Expedited Examination for certain category of applicants, such as Start-ups, small entities, women inventors for expeditious grant of Patents.
  6. Awareness initiatives and Programs for stakeholders with an intent to inculcate importance of protecting their IPR at an early stage in the business development cycle.
  7. National Intellectual Property Awareness Mission (NIPAM), a flagship program to impart IP awareness and basic training in educational institutes.
  8. National Intellectual Property (IP) Awards are conferred every year to recognize and reward the top achievers comprising individuals, institutions, organizations and enterprises, for their IP creations and commercialization.
  9. Patent Facilitation Programme has been revamped to scout patentable inventions and provide full financial, technical and legal support in filing and obtaining patents.
  10. Expand Knowledge Capacity & Skill Building: To promote the study, research, and development of IPR in higher educational institutions, IPR chairs have been set up across the country under the Scheme for Pedagogy & Research in IPRs for Holistic Education and Academia (SPRIHA). Currently, 37 IPR Chairs are incorporated. These Chairs have facilitated 146 Patent filings and 424 Patents registered, 215 IP works published, 1373 total   IP Programs conducted, 238 Pedagogy activities undertaken during 2020-21 and 2022-23.
  11. Commercialization of IP:  Technology Innovation Support Centres (TIS) have been set us in various Central and State Universities and State Council for Science & Technology across the country for supporting IPR education, boosting IP filings and enhancing IP commercialization. Since 2020, 12 established TISCs have filed 734 patents, conducted 1752 IP awareness programs, and commercialized 99 patents. Additionally, 901 applications for trademarks, designs and copyright were also filed. The network has been further expanded with 22 new TISCs across 20 states in the country. Technology Transfer Organizations (TTOs) & Incubators are also working in around 150 research institutions and more than 1000 Universities for commercializing IP.

These right areas are governed through respective Acts and Rules framed thereunder. The details of legal and regulatory considerations are given are below:

Details of legal and regulatory considerations for different IP areas.

Right Area

   Legal provision

Subject

Term of Protection

Patent

Patent Act, 1970

& Patent Rules, 2003 amended in

2014, 2016, 2017,

2019, 2020 and

2021.

Must qualify requirements

of being novel, Inventive and having industrial utility

20 years

Trademarks

Trademark Act

1999 &

Trademark Rules 2017

Protects    brand    name,

logo, design for a business or commercial enterprise

10 years ; renewed

for 10 years  on      payment      of       additional fees

Designs

Designs Act 2000

& Designs (Amendment) Rules 2021

New or original designs

(ornamental / visual appearance discernible to the human eye) which can be replicated industrially

10 + 5 years

Copyrights

Copyrights Act 1957 &

Copyrights Rules 2013 amended in

2021.

Creative, artistic, literary,

Musical and audio-visual works

Authors       -Lifetime+

60 years;

Producers         –     60 years

Performers        –     50 years;

Geographical Indications

 

Geographical Indications Act

1999 & GI Rules 2002 amended in

2020.

Goods      bearing       unique

characteristics     due     to

geographical linkage - agricultural goods, natural goods, manufactured goods, handicrafts and foodstuff

10    years, Renewed

for     10     years      on

payment          of   additional fees

Semiconductor

Integrated Circuits Layout Design

Semiconductor

Integrated Circuits Layout Design Act 2000 & Rules

2001

A layout of transistors and

other circuitry elements including lead wires connecting such elements and expressed in any manner in semiconductor integrated circuits.

10 Years.

Trade Secret

Common Law

approach covered through IPC, Contract Act, IP Act and Copyright

Confidential       information

having commercial value

Till         the          time

confidentiality           is safeguarded.

Plant Varieties

Protection of Plant

Varieties and Farmers Rights Act (PPVFRA), 2001

Traditional varieties and

landraces, all developed varieties (non-traditional and non-landrace) in trade/use for older than 1 year and not older than

15 years or 18 years (in case of trees and vines), and new plant varieties.

 

6-10 years.

 

This information has been provided by the Union Minister of State for Commerce and Industry, Shri Som Parkash in a written reply in the Rajya Sabha today.

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