Several measures have been taken
to ensure continuous and unending improvement of the Indian IP ecosystem in the
country. To this effect, Department of Industrial Policy and Planning (DIPP),
Ministry of Commerce & Industry, Government of India, has formulated a
multipronged strategy to develop an Intellectual Property regime in the country
to promote creativity and to develop the culture of respect for innovations and
creativity.
During the year, the Intellectual
Property Office has been radically transformed through numerous initiatives
that have contributed tremendously to easing of access to the IP system, efficiency
in processing of IP applications, uniformity and consistency in the examination
of applications, transparency and
dissemination of IP
information, bilateral cooperation at the international level, and raising the
awareness level of the public.
Several measures have been taken
to create a strong and vibrant IP regime in India. These
are:
- Modernization
of administration: Creation of a highly transparent,
e-enabled, efficient and accessible IP ecosystem in India that provides legal
certainty to the industry.
A.
Human
Resources:
An additional 1033 plan posts have been created, including 666 posts for
Patents & Designs and 367 posts for Trademarks and GI at various levels.
Already, recruitment is underway. Patent and Trademarks examiners are also being
taken on contract to deal with the backlog.
B.
Ease
of access: The IP system embarked on its e-journey by
introducing the complete electronic processing of Patents and Trademarks
applications through specialized modules. To cater to the immense flow of the papers
filed, a single central server at IPO Delhi is in place. Since India has a
unique intellectual property office wherein there are 4 patent offices and 5
trademark offices, there is need for strong intra-office connectivity. The
system is unique in itself since there is automatic generation of application
numbers as also automatic allotment of the request for examination which is
sequential and thus transparent and user-friendly.
a) Online
e-filing facilities- Comprehensive online e-filing
facilities for patent and trademark application were introduced in 2013-15
which provided the stakeholder 2 major advantages. First, an applicant can file
an application virtually 24x7 and secondly, applications can be filed from the
comfort of their workplace/ homes.
b) Comprehensive
payment gateway- The IPO allowed the e-filers the facility of
using debit cards, credit cards and internet banking. This year, e-filers were
given the facility of using debit cards, credit cards and internet banking of
over 70 banks for making payment of fees for all forms.
c) 10%
rebate on online filing- To encourage online filing of the applications, a
10% rebate on online filing of applications and documents has been introduced;
online filing has jumped from under 30% to over 80% in just a year.
- Transparency
and dissemination of information: The
official website provides vast information relating to patents,
trademarks, designs and geographical indications. The real time status of
IP applications with entire file wrappers and e-registers is now open to
the public, providing a strong tool to the public that can now be an
integral part of the IP system. An innovative tool, showing the stock and
flow of patents and trademarks applications at every stage of its
processing, has ushered in transparency.
- Fee
Concession for MSME: MSMEs account for 45% of total
industrial production and the total contribution of MSMEs to India’s GDP
is 38%. To encourage them to innovate and seek protection for their
inventions, a 50 % fee reduction has been provided for MSMEs.
- Madrid
Protocol: The operationalization of the Madrid protocol
for international protection of trademarks provides the
user the facility of protecting his trademark in 90 countries by filing a single
application in one language with one set of fees filed at the Trademarks
Registry.
Till June 2015, 13,666 international applications
designating India have been received at the Trademarks Registry, India.
- International
Search Authority and International Preliminary Examining Authority: India
has been recognised by the World Intellectual Property Organization as the
17th International Search Authority and International
Preliminary Examining Authority in the world. It began its operations in
2014 and till date, 758
international applications have been received and 575
reports issued. India prides itself on providing quality reports
at the lowest cost among the international players like USPTO, EPO, JPO
etc. At present it has been recognised as ISA/ IPEA for nationals of
Republic of Iran.
6. IPR
Awareness Programmes:
Awareness creation is one of the major planks of the modernization scheme of IP
system, as this will educate the stakeholders about the benefits of
registration of their rights as also educate the general public, particularly
the business community, on perils of infringement of IPRs held by others/
dealing in pirated and counterfeit products. These programmes are also expected
to sensitise the enforcement agencies such as state police forces, and the
judiciary.
a) IP Training, Awareness
and Outreach Activities:
Awareness/ sensitization programs on IPR are organized by IPO as well as with
industry associations, Chambers of commerce, academic institutions etc.
b) National and
international symposia/ seminar/workshops on IP are organized for potential IP
users.
c)
e-learning
resources: To
educate the public via the internet media, a portal on the website of office of
the CGPDTM has presentations uploaded on various aspects of IPR.
d)
Kids Nook: A corner to educate and
inculcate the culture of respecting and protecting IPR’s among the next
generation has been undertaken via uploaded comics which are based on basics of
IPRs.
***
RC/nb