“Intellectual Property is the oil of the 21st century.” –Mark Getty
Intellectual property, as the word indicates, is related to the intellect of human which is intangible. It is the creations of the mind like inventions, designs, artistic works, names, images, symbols, etc. Every human mind has a different vision to everything it sees around and perceives it differently. This gives birth to distinct ideas and innovations. Therefore, it becomes important to nurture these ideas without which it would be impossible to encourage research and developments. Intellectual property laws are thus formulated to protect the ownership of these intangible assets.
In India, the very first law related to intellectual property was introduced in the year 1856 as the Indian Patent Act. This Act continued to be in force for than 50 years which was later revised and named as ‘The Indian Patents and Designs Act, 1911.’ Further advancements in intellectual property laws came after the Agreement on Trade-Related Intellectual Property Rights (TRIPs) in World Trade Organization (WTO). TRIPs provided for a set of common rules pertaining to the protection of Intellectual Property Rights. India, the signatory of TRIPs agreement, passed several legislations in order to protect Intellectual Property Rights as well as meet the obligations internationally. The Trade Mark Act, 1999, the Copyright Act, 1957 and Patents Act, 1970 are some of the legislations passed as a result of the agreement.
From the time immemorial, the Government of India has put efforts to improve the legislations and provide for provisions in respect to Intellectual Property Rights (IPR). The changing business patterns and evolution of technology and IP has increased the need to build opportunities for the stakeholders. The most recent step taken towards the subject in 2016 was the approval of the National Intellectual Property Rights Policy. This policy is an umbrella which brings together all forms of intellectual property laws and aims to reduce various issues arising in relation to Intellectual Property Rights (IPR). The policy aims to bring about a balance between public interest and development.
The National IPR Policy also aims at reaching out to the public by creating awareness about the economic, social and also cultural advantages of IPRs. Additionally, the purpose of the policy is to strike a a balance between interests of the intellectual property owners and the public at large. This is possible by formulating strong and effective laws. The policy caters the need for teaching, training, research and skills building in the field of Intellectual property rights with an objective to strengthen and expand human resources.
The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) also known as the Indian Patent Office has introduced a comprehensive e-filing system for Patents and Trade Marks. This initiative is taken up in order to tackle the pendency of Patent examination. Through the method of e-filing, patent and trademark certificates will be automatically generated electronically. Consequently, the trademark filings have increased upto 40% in the years 2016-2017 as compared to 2014-15.
The Ministry of Micro, Small and Medium Enterprises (MSME) had started implementing ‘Building Awareness on Intellectual Property Rights (IPRs)” scheme for MSME. This scheme focused on enhancing awareness of MSME’s about IPR so that they can take appropriate measures of safe guarding their intellectual property. About thirty-one Intellectual Property Facilitation Centres have been set up under this scheme.
It is often said that absence of transparency creates insecurity in the mind. Therefore, transparency is introduced by providing information on web-based utilities which is freely accessible by the public. Furthermore, the grievances can be directed towards the Indian Patent Office, Government of India Portal and also its Twitter handle. The active response by Cell for IPR Promotion and Management (CIPAM) – professional body under the agency of the Department of Industrial Policy & Promotion (DIPP) Ministry of Commerce & Industry allows easy interaction with the stakeholders.
Trade Mark Rules, 2002 were amended and are called as the Trade Mark Rules, 2017. These rules were introduced with 8 consolidated application forms which were earlier 74 separate forms. Trade Mark application fees are reduced by 10% for e-filing so that e-filing can be preferred over physical filing. Applications for trade mark of sound marks can be submitted under the new rules. For submission, the sound track should be in MP3 format and not more than 30 seconds long.
To build the understanding of IPR, the Government of India through the National IPR Policy has included IPR in NCERT curriculum of Commerce for the students of class XII. Moreover, a chapter on ‘IPR, Innovation & Creative Works’ is added in NCERT’s “Handbook on Entrepreneurship for Northeast Region.”[1]
Intellectual Property Right Awareness Campaign uses presentations and creative posters to create awareness amongst the school children. These campaigns spread knowledge about the basics of IPR and the need for IPR. The awareness program was started in collaboration with the International Trademark Association (INTA) and has reached about 49 schools till date.
Under the guidance of the Ministry of Home Affairs, IPR was incorporated as a subject in the training curriculum of all State Police Academies for regular and in service police officers. In August 2017, CIPAM had organized a three day “National Workshop on Enforcement of Intellectual Property Rights” for state police officials, public prosecutors and delegates from the industry.
In a nutshell, the Government has taken various steps to strengthen and develop laws, rules and regulations associated with the Intellectual Property Rights. ‘Make in India’ is one of the initiatives which has led to growth of the IP industry. The statistics from the Department of Industrial Policy and Promotion (DIPP) reflect the growth in registration of trademarks, copyrights and patent. Earlier, it took six years to grant patents but now it has been reduced to 2 to 3 years. Intellectual property industry heavily contributes to the economy of the country. India as an innovation economy has information and communication technology, intellectual property, skilled workforce and government support which will boost the development of the country. Thus, IP plays a very important role in generating profit for its holders/owners if the intellectual property is registers and further used by other business with the former’s permission.
REFERENCES
1. “Who Gains From The Midi Governments Intellectual Property Rights Policy.” The Wire, thewire.in/economy/who-gains-from-the-modi-governments-intellectual-property-rights-policy, 2016. Accessed 4 August 2020.
2. “India Sees Huge Surge In Intellectual Property Rights Application.” Business Today, www.businesstoday.in/buzztop/buzztop-feature/india-sees-huge-surge-in-intellectual-property-rights-applications/story/280092.html, 2018. Accessed 4 August 2020.
3. “Parliament Of India: Lok Sabha.” loksabhaph.nic.in/Questions/QResult15.aspx?qref=28046&lsno=16, 2015. Accessed 4 August 2020.
4. “Parliament Of India: Lok Sabha.” loksabhaph.nic.in/Questions/QResult15.aspx?qref=51399&lsno=16, 2017. Accessed 4 August 2020.
5. “What Is Intellectual Property?.” WIPO: World Intellectual Property, www.wipo.int/about-ip/en/. Accessed 3 August 2020.
6. “Modernization And Strengthening Of Intellectual Office.” Department Of Promotion Of Industry And Internal Trade, dipp.gov.in/programmes-and-schemes/intellectual-property-rights/modernisation-and-strengthening-intellectual-property-office-msipo. Accessed 4 August 2020.
7. “All You Need to Know about the IPR Laws in India.” iPleaders, blog.ipleaders.in/need-know-ipr-laws-india/, 2017. Accessed 4 August 2020.
8. “Intellectual Property Rights Regime In India- Initiatives By government.” IPRment Law, iprmentlaw.com/wp-content/uploads/2018/01/IPR-Regime-In-India-Government-Initiatives.pdf, 2018. Accessed 4 August 2020.
9. “National IPR Policy.” Department For Promotion Of Industry And Internal Trade, dipp.gov.in/policies-rules-and-acts/policies/national-ipr-policy. Accessed 4 August 2020.
10. “National IPR Policy.” Press Information Bureau, pib.gov.in/PressReleaseIframePage.aspx?PRID=1557418, 2018. Accessed 4 August 2020.
[1]“Intellectual Property Rights Regime In India- Initiatives By government.” IPRment Law, iprmentlaw.com/wp-content/uploads/2018/01/IPR-Regime-In-India-Government-Initiatives.pdf, 2018. Accessed 4 August 2020.
