Introduction of National Policy concerning
Promotion of Innovation and Intellectual Propertyin INDIA
09 February 2017
JIPII (Tokyo, Japan)
1
Sanjaykumar Patel (Patent Attorney-INDIA)(M.Pharm, LL.B, PGDPM)
Head- IPR at Gowrie Research Pvt Ltd (B&S Group)2

Indo-Japan relation
 Begun in the 6th century when Buddhism was introduced to Japan After World War II, in 1949, Indian Prime Minister Jawaharlal Nehru donated an Indian
elephant to the Ueno Zoo in Tokyo Bilateral Treaties/agreements signed
 Treaty of Peace (1952)
 Agreement for Air Service (1956), Cultural Agreement (1957), Agreement of Commerce (1958)

 Convention for the Avoidance of Double Taxation (1960)
 Agreement on Cooperation in the field of Science and Technology (1985)
 Japan-India Comprehensive Economic Partnership Agreement (2011)
 Agreement on Social Security (2012) Agreement Concerning the Transfer of Defence Equipment and Technology (2015)
 Agreement Concerning Security Measures for the Protection of Classified Military Information(2015)
 Civil nuclear agreement (2016)
Source: http://www.mofa.go.jp/region/asia-paci/india/data.html, http://www.dae.nic.in/?q=node/75

3Global Data on IP filings for 2015

Date Source: http://www.wipo.int/pressroom/en/articles/2016/article_0017.html#infographics

4

Global Data on IP filings for 2015

Data Source: http://www.wipo.int/pressroom/en/articles/2016/article_0017.html#infographics

5

Indian IPR Law Regime
Copyright Act
1957

Patent Act 1970

Trademark Act
1999

G. I Act 1999

Design Act 2000

Semiconductor
IC layout DesignAct 2000

Protection ofPlant Varieties &Farmer’s Right
Act 2001

BiologicalDiversity Act
2002

National IPR
Policy2016

6Image Source: Different webpages of government of India

7

8Vision Statement
 An India where creativity and innovation are stimulated
by Intellectual Property for the benefit of all;
 An India where intellectual property promotes
advancement in science and technology, arts andculture, traditional knowledge and biodiversity resources; An India where knowledge is the main driver ofdevelopment, and knowledge owned is transformed intoknowledge shared.

9Mission Statement Stimulate a dynamic, vibrant and balanced intellectual
property rights system in India to: foster creativity andinnovation and thereby, promote entrepreneurship andenhance socio-economic and cultural development,and Focus on enhancing access to healthcare, food security
and environmental protection, among other sectors ofvital social, economic and technological importance.

IPRAwareness10
Human CapitalDevelopment

Enforcement&Adjudication

Generationof IPR

Objectives

Commercializationof IPR

Legal &Legislative
Framework

Administration&Management

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1. IPR Awareness: Outreach & Promotion
To create public awareness about the economic, social and cultural
benefits of IPRs among all sections of society

12

1. IPR Awareness: Outreach & Promotion
 Adopt national slogan “Creative India; Innovative India” and linkwith other government initiatives Create a systematic campaign for promotion of India’s IP strength Customizing programs for specific needs of MSMEs, Start-ups, R&D
institutes and entrepreneurs
 Reaching out to the less visible and silent IP generators and holders
 Including case studies of successful use of IPRs

 Promoting the idea of high quality and cost effective innovations
 Involving eminent personalities as “ambassadors” to spread awareness Use audio/visual, print/electronic and social media for propagation

 Creating material for IP promotion in Multilanguage and pictorial form131. IPR Awareness: Outreach & Promotion Create awareness programs targeting industry and R&D entities
 Providing understanding to researchers about protecting their inventions
 Engaging public funded R&D and private sector to create campaigns
 Encourage large corporates to develop IP programs for their employees Create well established events and programs to emphasize theimportance of IP
 Celebration of “World IP Day” at various platforms
 Setting up India’s “Hall of Fame” to celebrate IP innovators

 Create suitable IP course material for educational institutes
 Engage with media to sensitize them regarding IP related issues

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IPR Awareness: Current Scenario
 The Controller General of Patents, Designs & Trade Marks (CGPDTM)
 http://www.ipindia.nic.in/resources.htm

 Spent INR 25.66 lakhs on IPR awareness during the years 2015-16

 The Rajiv Gandhi National Institute of Intellectual Property
Management (RGNIIPM)
 http://www.ipindia.nic.in/rgniipm.htm
 Conducted 53 training and awareness programmes during 2015-16

 Federation of Indian Chambers of Commerce and Industry (FICCI) http://ficci.in/sector-overview.asp?secid=24

IPR Awareness: Current Scenario

15

 Ministry of Electronics & IT (MeitY)
 http://meity.gov.in/content/deity-ipr-cell http://www.ict-ipr.in/sipeit/IPRForm http://ict-ipr.in/index.php/ip-panorama

 Confederation Of Indian Industry (CII)

http://www.cii.in/sectors.aspx?enc=prvePUj2bdMtgTmvPwvisYH+5EnGjyGXO9hLECvTuNuHWy2toKX9E+7m6bzCAx3k

 National Innovation Council (NIC) http://innovationcouncilarchive.nic.in/index.php?option=com_content&view=article&id=24&Itemid=17
 http://gsinc.gujarat.gov.in/ Council of Scientific and Industrial Research (CSIR) Cell for IPR Promotion and Management (CIPAM) http://www.inta.org/INTABulletin/Pages/India_Update_7121.aspx

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2. IPR Generation

To stimulate the generation of IPRs

2. IPR Generation17

 Carry out IP audit or base line survey and evaluate areas of strength andpotential, and prioritize target groups of inventors
 Encourage researchers by:
 Linking IP creation with key performance and career progress Providing uniform guidelines on royalty sharing mechanisms
 Providing guidance to focus on national priority areas
 Creating industry-academia interface

 Incentivize IP generation by: Tax benefits Financial support

 Effective and simple loan guarantee schemes
 Special incentive to IPR in green technology and energy efficient technology

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2. IPR Generation
 Encourage Open Source Drug Discovery (OSDD) for new invention for prevention,diagnosis and treatment of life threatening disease Ambit of Traditional Knowledge Digital Library (TKDL) should be expanded Introduce IPR in curriculum of Universities, law, and technical institutes
 Increase awareness of International mechanism (PCT, Madrid, Hague) to encourage
IPR protection internationally Encourage innovation in agriculture and pisciculture through application of IP Encourage GI registration through support institutions
 Encourage creation of design related IP rights by promoting innovations protectable
under design law
 Take steps to increase domestic patent filings Promote India’s rich heritage of traditional knowledge with effective involvement ofholders of such knowledge

19

IPR Generation: Current Scenario
 Patent Information centres
 Patent facilitation centres (http://www.ipface.org/contact.php)
 Patent registration reimbursement scheme MeitY: 50% or INR 15 lakhs
 Gujarat State Government: 75% or INR 25 lakhs
 Scheme for facilitating Start-Ups for IPR Registration
 National IP Awards since 2009

 Open Source Drug Discovery (OSDD) in place (http://www.osdd.net/home) Council of Scientific and Industrial Research (CSIR) (http://www.csir.res.in/) National Innovation Foundation (NIF) (http://nif.org.in/) National Innovation Council (NIC) Many incentives and tax benefits already exist for R&D centres
 Reduced tax on income generated from patent commercialization/royalty

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3. Legal and Legislative Framework

To have strong and effective IPR laws which balance the interests ofrights owners with larger public interest

21

3. Legal and Legislative Framework
 Review existing IP Laws and rules and update/improve them for clarity,
simplification, streamlining.
 Engage constructively in the negotiation of international treaties andagreements in consultation with stakeholders
 to examine accession to some multilateral treaties which are in India’s interest
 to develop legally binding international instruments to protect Traditional
Knowledge (TK), Genetic Resources (GR) and Traditional Cultural Expressions (TCE) Undertake an in-depth study to determine the appropriateness and extent ofapplying existing laws to protecting TK, GR and TCE
 Identify important areas of study and research for future policy development

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3. Legal and Legislative Framework
 Indian Cinematography Act, 1952 may be suitably amended to introduce
provision against illegal duplication of films
 Identify important areas of study and research for future policy development
such as: Interplay amongst IP laws to remove ambiguities if any
 IP interface with competition law and policy Guidelines for authorities whose jurisdictions impact administration or enforcementof IPR
 Protection of Trade Secrets

 Examine issue of Technology Transfer, know-how and licensing relating to SEPs
on fair and reasonable terms and provide legal framework to address theseissues

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Legal and Legislative Framework:
Current Scenario
 Patent rules amended recently
 Trademark rules amendment is under discussion
 India was the first country to ratify the Marrakesh Treaty

 DIPP has published the discussion paper “Standard Essential Patents, andtheir availability on FRAND terms” and invited comments from the public

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4. Administration and Management
To modernize and strengthen service oriented IPR administration

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4. Administration and Management
 The administration of the Copyright Act, 1957 and the Semiconductor
Integrated Circuits Layout-Design Act, 2000 is being transferred to DIPP
 Create Cell for IPR Promotion and Management (CIPAM) to facilitate
promotion, creation and commercialization of IP assets

 Study and review the organizational and cadre structure, process ofrecruitment, training, career development and performance based
incentive to attract and retain the best talent Modernize physical and ICT (Information & Communication Technology)
infrastructure to accelerate e-filing, e-processing and other e-services
 Promote interaction and collaboration between IPOs and R&D institutes
 Promote cooperation with IP offices in other countries in areas of capacity
building, HR development, training, database access, search andexamination, use of ICT and user oriented services

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4. Administration and Management
 Restructure, upgrade and modernize CGPDTM office Fix and adhere to timeline for grant and opposition matter Adopt best practices for filing and docketing and digitization of records Create service oriented culture to make IPOs more user friendly Expedite digitization of design office and enable online search and filing Ensure that public records are easily accessible both online and offline Conduct periodic audits of processes for efficient and smooth process Implement quality standards with aim to obtain ISO certification
 Establish effective coordination between IPOs and National Biodiversity Authority toenable harmonious implementation
 Provide continuous training to staff of IPOs to keep them updated
 Joining Centralized Access for Search and Examination (CASE) and Digital AccessService (DAS) Existing guidelines should be reviewed periodically and revised Conduct patent and trademark agent exam at regular intervals

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4. Administration and Management:
Current Scenario
 CIPAM has been formed and implemented
 Digitization and ICT infrastructure has been improved a lot and this is visible
 IPO office has started meeting with stake holders to discuss issues
 MOU signed with other IP Offices (UK- Nov 2016, Singapore- Oct 2016)
 Started working to reduce backlog and shorten timeline of IP registration
 Conducted Patent Agent Exam in Nov 2016 and Trademark Agent Exam in Oct2015
 Access to WIPO CASE and DAS is under discussion
 Set up Task force on innovation to strengthen eco system of innovation (Sep 2016)

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5. Commercialization of IPR
To Get value for IPRs through commercialization

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5. Commercialization of IPR
 CIPAM shall undertake the following tasks
 Provide platform for IPR owners by acting as a facilitator for innovator to beconnected with potential users, buyers and funding agencies

 Undertake a study to examine feasibility of an IPR exchange Facilitate access to databases on Indian IP and global database ofcreator/innovator, market analyst, funding agencies
 Implement best practices for promotion and commercialization of IP

 Promote licensing and technology transfer for IPR
 Provide single window service to commercialize IPR
 Incentivize Indian inventors, MSMEs and Start-ups to acquire andcommercialize IP

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5. Commercialization of IPR
 Promote going-to-market activities by: Creating mechanism to validate pilots and scale up through market testing Providing seed fund for marketing activities
 Providing guidance and support to IPR owners about commercialopportunities through e-commerce Encouraging enterprises to create brand equity from their IP rights such as
Trademarks and GIs

 Identify opportunities for marketing Indian IPR based products, especially
GIs and services to a global audience Examine availability of Standard Essential Patents (SEPs) on fair,reasonable and non-discriminatory (FRAND) terms

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5. Commercialization of IPR
 Support financial aspects of IPR commercialization by: Enabling valuation of IP rights as intangible assets
 Facilitating investments in IP driven industries and services
 Providing financial support to less empowered groups of IP owners
 Providing financial support for development and commercialization of IP assets

 Ensure enhanced access to affordable medicines by: Encouraging cross sector partnership between public and private sector
 Promoting novel licensing models
 Developing a novel technology platform Streamline regulatory processes to ensure timely approval for manufacturing andmarketing drugs while maintaining safety and efficacy standards
 Incentivize domestic API manufacturer and revitalizing public sector undertakingsin the healthcare sector

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Commercialization of IPR:Current Scenario National Research Development Corporation (NRDC)
 https://www.nrdcindia.com/english/index.php/about-us/vision National Innovation Foundation (NIF) (http://nif.org.in/) Venture Centre Outreach Centre (http://www.venturecenter.co.in/nccs/)
 Council of Scientific and Industrial Research (CSIR) (http://www.csir.res.in/)33

6. Enforcement and Adjudication

To strengthen the enforcement and adjudicatory mechanisms forcombating IPR infringements

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6. Enforcement and Adjudication
 Create awareness of IP value and respect for IP culture by: Educating general public on ills of counterfeit and pirated products
 Engaging with all levels of industry, including e-commerce Sensitizing creators of IP on measures for protection and enforcement of theirrights

 Undertake stringent measures to curb manufacture and sale of misbranded,
adulterated and spurious drugs

 Public awareness on enforcement mechanisms to combat piracy
 Support for small technology firms for protecting and safeguarding their IP
rights internationally Pursue incidents of misappropriation of TK, GR and TCE in other countries
vigorously Licensing practice that may have adverse impact on competition should beaddressed through appropriate measures

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6. Enforcement and Adjudication
 Strengthen the enforcement mechanisms for better protection of IP rights by: Enhanced coordination between the various agencies
 Working closely with state gov. for establishment of IP cells for curbing IP offences
 Augmenting manpower, infrastructure and technology capabilities
 Providing regular training for officials in enforcement agencies
 Taking up the issue of Indian works and products being counterfeited abroad Facilitate effective adjudication of IP disputes through different measures Adjudicating IP disputes through specialized IP commercial courts Creating IP modules including case laws for the benefit of judges
 Promoting ADRs in the resolution of IP cases

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Enforcement and Adjudication:
Current Scenario Creating IPR awareness through many initiatives
 Current courts/Judges are learning from international cases
 Much more work to be done in this area

37

7. Human Capital Development

To strengthen and expand human resources, institutions and capacities
for teaching, training, research and skill building in IPRs

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7. Human Capital Development
 Strengthen and empower RGNIIPM
 Strengthen IP Chairs in educational institutes of higher learning Introduce multi-disciplinary IP courses/modules for all training institutes
 Make IPR an integral part of curriculum in educational institutes
 Strengthen existing and creating new IPR cells
 Encourage formation of IP Policy at all gov. dept. and other institutes
 Progressively introduce IP teaching in schools, colleges and otherinstitutes
 Develop distance learning and e-courses on IP for all categories
 Strengthen IP teaching, research and training in collaboration withWIPO, WTO & other international organizations
 Encourage and support capacity building among female creators,innovators, entrepreneurs, teachers and trainers39

Human Capital Development:
Current Scenario
 Recruited 458 patent examiners
 Hired new Trademark examiners on contract basis
 RGNIIPM is improving day by day Many distance learning courses are available and increasing
 CSIR female scientist scheme (DST) Introduction of IPR in curriculum IP summer school by WIPO has started for India location

40Implementation
 IP in India is regulated by several laws, rules and regulations under the jurisdictionof different Ministers/Departments
 The legal provisions need to be implemented harmoniously
 Legal, technological, economic and socio-cultural issues arise in different fields
and need to be resolved by consensus in the best public interest
 International, regional and bilateral negotiations require developing a common
national position in consultation with different Ministries and authorities
 IP Policy aims to integrate IP as strategic tool in national development plans The need for a holistic approach to be taken on IP legal, administrative,
institutional and enforcement related matters
 DIPP shall be the nodal point to coordinate, guide and oversee implementationand future development of IPR in India
 Actual implementation will remain with Ministries/Departments concerned in theirassigned sphere of work along with public and private sector institutions and otherstakeholders including state governmentSnapshot of IPR Policy
41

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Summary points and the Way Forward…
 DIPP will be the nodal agency
 IP policy aims to promote IPRs as a marketable financial asset, promote
innovative culture, while protecting public interest
 To build strong and effective IPR laws, steps will be taken

 Policy is fully TRIPS compliant
 Special weight on awareness, generation and effective enforcement, inaddition to encouragement of IP commercialization through various incentives
 India will engage constructively in negotiation on international treaties

 Policy seeks to facilitate domestic IPR filings for the entire value chain form IP
generation to commercialization
 It aims to promote research and development through tax benefits Policy left current patent law intact, mainly section 3(d) and section 84

 Policy will be reviewed every 5 years in consultation with stakeholders
 Crucial things to see are the implementation plans43