INDIAN GOVERNMENT IS TAKING STEPS FOR RENOVATING IPR SYSTEM IN INDIA

1. INTRODUCTION:

Intellectual property rights are a necessary instrument in the modern, international economy. One of the objectives for sustainable development that the Indian government has set is to promote innovation. Our National IPR Policy targets "An India where Intellectual Property stimulates creativity and innovation for the benefit of all." Numerous programmes, such as Make in India, Start up India, Digital India, and Skill India, have previously shown to promote innovation. The Atal Innovation Mission fosters the creative spirit in educational institutions across the nation. In accordance with the IPR policy, the Office of the Controller General of Patents, Designs, and Trademarks has assigned CIPAM's (cell for IPR Promotion and Management) to take theresponsibilityto facilitate creation and for thecommercialization of IP assets. Also in the year 2016 the former Finance Minister Arun Jaitely announced about the Intellectual rights policy which highlighted the fact that this policy covers all forms of intellectual property in a single framework likewise there are also several measures that has been taken by the government in order to renovate the Intellectual Property Rights which will be discussed in this article.

2. NATIONAL IPR POLICY 2016:

This National IPR policy 2016 includes all the IPR into a single document which is considered as institutional mechanism for the implementation, monitoring and reviewing the Intellectual property Laws. This policy covers eight types of the IPR which includes the

i. Patents

ii. Trade mark

iii. Industrial designs

iv. Copyrights

v. Geographical indications

vi. Semiconductor integrated circuit layout design

vii. Trade secret

viii. Plant varieties

The policy's seven goals are intended to create an atmosphere that rewards and protects innovators, artists, and creators while also encourageinnovation and creativity. Several steps are taken in order to accomplish the stated goals. Among the actions taken are fee refunds for startups, MSMES (Micro, Small and Medium Enterprises),and educational institutions; accelerated assessment for specific applicant groups; and compliance and timetable reduction in intellectual property filing and disposal. The objectives includes

Appropriate amendment in IPR laws and Rules

Modernization and digitization of IP offices

Scheme for facilitating start ups intellectual property protection (SIPP) to encourage filing of patent application by start ups

Reduction in filing fees for start ups, MSMES and educational institutes to encourage patent filing

Expedited examination for certain categories of applicants which includes women investors for expeditious grant of patents

Awareness initiatives and programs for stakeholders in order to protect the IPR at an early stage in the business development cycle

NIPAM ( National Intellectual Property Awareness Mission ) is introduced to create awareness and basic training in educational institutes and also National Intellectual Property (IP) Awards are given every year to recognize and reward the top achievers which includes the individuals, institutions, organizations and enterprise for the IP creations and commercialization. They also introduced Patent Facilitation programme.[1]

2.1 INTRODUCTION OF SPRIHA

In order to promote the study, research and development in IPR in higher educational institutions and also IPR chairs have been set up across the country under the Scheme for pedagogy and research in IPR 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. [1]

2.2 Commercialization of IP

In order to assist IPR education, increase IP filings, and improve IP commercialization, Technology Innovation assist Centres (TIS) have been established around the nation at a number of Central and State Universities as well as the State Council for Science Technology. Twelve TISCs that were founded in 2020 have led 734 patents, carried out 1752 IP awareness campaigns, and commercialised 99 patents. Nine hundred and one trademark, design, and copyright applications were also filed. With 22 more TISCs spread over 20 states nationwide, the network has been significantly enhanced. at order to commercialise intellectual property, technology transfer organizations (TTOs) and incubators are also active at over 1000 universities and 150 research institutes.[1]

3. CONTROLLER GENERAL OF PATENTS, DESIGNS, AND TRADE MARKS (CGPDTM)

The CGPDTM was the administers of the laws of the patent, copyright, designs and trade mark they renovated the laws relating to the IPR some of the important achievements from the year 2019- 2020 are as follows,

3.1 Amendment in rules:

The objective of the Trademarks Rules amendment in 2017 was to speed up grant/registration and final disposal by eliminating needless stages and procedural anomalies in application processing. The Patents Rules have undergone amendments in 2016, 2017, and 2019.

The processes are made simpler, time-bound, user-friendly, and compatible with e-transactions by changing the Rules.

Eight streamlined forms have replaced the 74 existing forms in trademarks;

There is just one application form available for all kinds of trademark applications; Procedures for determining whether a mark is well-known are outlined.

There is a specific provision for submitting applications for sound marks; the registration process for trademarks is made simpler; and applications are processed expeditiously all the way up to the registration stage.[2]

3.2 Modernization of IP offices:

IP Offices were strengthened and modernised in order to upgrade infrastructure, hire more technical staff, computerized processes, rework workflows, upgrade databases, and provide IT support for IP Offices throughout the nation. Over the past five years, there has been a consistent transition from manual to computerised IP application processing, enhanced IP-related information management, a more robust public interface, and a rethink of IP Office regular operations.[2]

3.3 Manpower Augmentation:

The number of employees in IP Offices has significantly increased in order to clear the backlog and facilitate the quick review and disposal of IP applications. Examiners of Patents Designs were hired in 2016, and in order to have a suitable number, 220 more examiners of patents in various sectors were hired in 2019.[2]

3.4 Use of IT and Technology

To made the process easier they also introduced many things electronically this includes the paper less electronic processing implemented in patent office and Trade mark Registry. E- filing method for the applications, email as a mode of service, online delivery of certificates, SMS alert etc..,

3.5 Initiatives of Startup India Program

Startups can receive an 80% price concession for patent applications, but big entities can only receive a 50% fee reduction for trademark startup applications. Draft (Second Amendment) Patent Rules, 2019 have suggested a similar increased FEE discount for MSME. To promote and facilitate IPR protection by startups, the "Scheme for Facilitating Startups Intellectual Property Protection (SIPP)" was introduced in 2016 and has since been extended through March 2023. The CGPDTM office is responsible for implementing the Scheme, which offers startups assistance in submitting and processing their applications for patents, designs, and trademarks.The CGPDTM office reimburses the facilitators' professional fees in accordance with the terms of the SIPP plan.

3.6 Awareness in IPR:

In collaboration with CIPAM (DPIIT) and national industry associations, the office of CGPDTM regularly conducts or takes part in IPR awareness campaigns for schools, universities, businesses, legal and enforcement agencies, and other stakeholders, with the goal of educating and enlightening IP stakeholders.

3.7 Indias acceptance to WIPO implemented treaties:

The Government of India has accepted the proposal for Indias accession to the WIPO Copyright Treaty and WIPO Performers and Phonograms Treaty, which extends the coverage of Copyright to the internet and digital environment, and also the proposal for accession of India to the Nice, Vienna and Locarno Agreements, which will help the Indian IP Office to harmonize the classification systems for examination of trademark and design applications, in line with the classification systems followed globally. Both the treaties provide framework for creators and right owners to use technical tools to protect their works and safeguard information about their use. [3]

4. IMPACTS OF THE STEPS TAKEN BY THE CGPDTM

Patents: Patent Examination increased from 22631 in 2014-15 to 800088 by end of F.Y. 2019-20. Depending on the technical disciplines, the time needed for patent examination has decreased from an average of 72 months in 2015 to 12 to 30 months currently. This time will be further lowered to about 12 months by the end of December 2020 for all technical sectors. A total of 24936 patents were granted in 201920 as opposed to 5978 in 201415. By the end of 2021, it is anticipated that the average time for the final disposition of patent applications which was previously decreased from a few years ago to an average of 48 monthswill have dropped to an average of 24 to 30 months after filing.

Trade Marks: Period of examination of new trademarks applications is reduced from 13 months to less than 30 days. If no opposition or objection is made, a trademark can be registered in around six months compared to the previous requirement of three to five years. Compared to just 7% previously, around 50% of applications are accepted at the first stage. In just four years, from 201617 to 201920, 11.62 lakh trademark registrations were completed, compared to 11 lakh registrations throughout 75 years (19402015).

Designs: The examination of new applications is done within one month after filing

Copyrights: There is no pending examination for copyright registration, With the exception of situations where there is a statutory waiting time and when the work is awaiting from the applicants, there is Except in situations involving statutory waiting periods, there is no pending copyright registration.

5. CONCLUSION

From the above mentioned statements it can be said that the government by introducing national policy has an objectives related to the development of the IPR and in that they also included start ups and micro enterprises and companies, and also by amendments they also changed the timeline for filing applications and they also introduced many schemes to create awareness and to protect the IP stakeholders. Therefore it is concluded that the measures taken by the government towards the development of the IPR plays a vital role in shaping a competitive and sustainable future for the nation.

REFERENCES:
[1] Intellectual Property Rights Policy Management Framework Covers 8 Types of Intellectual Property Rights (Press Information Bureau) available at: https://pib.gov.in/PressReleasePage.aspx?PRID=1941489 (last visited on18 January 2024 )

[2] Summary of achievements by Office of CGPDTM (2014-15 to 2019-2020)) available at: https://ipindia.gov.in/writereaddata/Portal/Images/pdf/18-8-2020_Achievements_of__CGPDTM_during_2014-15_to_2019-2020_and_Impact_of_steps_taken-converted.pdf (last visited 18 January 2024)

[3] India Joins Three Key WIPO International Classification Treaties (WIPO) available at: https://www.wipo.int/portal/en/news/2019/article_0021.html (last visited on 18 January 2024)