Lok Sabha Question No. 2757 (UNSTARRED), answered on 2018-03-12
Subject: Strengthening of IPR
Ministry: COMMERCE AND INDUSTRY
Asked by: DUSHYANT SINGH

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY

## DEPARTMENT OF INDUSTRIAL POLICY & PROMOTION

## LOK SABHA

UNSTARRED QUESTION NO. 2757. TO BE ANSWERED ON MONDAY, THE 12 TH  MARCH, 2018.

## STRENGTHENING OF IPR

## 2757.  SHRI DUSHYANT SINGH:

Will the Minister of COMMERCE AND INDUSTRY be pleased to state:

## वाणिज् यवव द्योग म त्री

- (a) whether the  Government has taken  any  steps  to  strengthen  the  Intellectual Property Rights (IPR) in India;
- (b) if so, the details thereof and if not, the reasons therefor;
- (c) whether  the  Government  has  taken  any  steps  to  encourage  the  Innovation Industry in India by liberalizing parameters such as market and price control;
- (d)
- if so, the details thereof and if not, the reasons therefor; and
- (e) the  steps  taken  by  the  Government  to  provide  fair  access  to  foreign companies in India regarding IPR?

## ANSWER

## वाणिज् यवव द्योग म त्रालयमेंराज् यम त्री(श्री सी.आर.चौधरी) THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE & INDUSTRY (SHRI C.R. CHAUDHARY)

- (a) & (b): Yes, Madam.  Government  of  India has taken various steps to strengthen the IPR  regime in the country keeping in view our developmental  needs.  The  steps  undertaken  inter  alia,  include  the following:
- (i) The  National  IPR  Policy,  2016  was  adopted  on  12.05.2016  as  a vision  document  to  guide  future  development  of  IPRs  in  the country.
- (ii)  To have synergy between different IP offices, the administration of Copyright Act, 1957 and Semiconductor Integrated Circuits LayoutDesign Act, 2000, along with their associated Registries, has been transferred  to  the  DIPP.    Subsequently,  under  the  Finance  Act,

2017, the Copyright Board has also been merged in the Intellectual Property Appellate Board.

- (iii)  The Patent Rules, 2003 and the Trademark Rules, 2002 have been amended whereby the IP  processes  have  been  re-engineered  to streamline them and make them more user-friendly.
- (iv) Manpower in the Intellectual Property offices has been augmented significantly  through creation of new posts. Recruitment has been completed for 459 posts of Examiners of Patents and Designs, in addition to the earlier 130. The number of Examiners of Trademarks and Geographical Indications has also been augmented  through  59  examiners  on  regular  basis  in  addition  to the existing 63, as also 84 examiners on contract. This augmentation of manpower has already had a salutary effect on the examination and disposal of patent and trademark applications.
- (v)  An IPR enforcement handbook has also been prepared, which is a ready reckoner for police officials across the country in dealing with IP crimes of counterfeiting and piracy.
- (vi) Special provisions have been made for startups and MSMEs.
- (c) & (d): Government  has  taken  various  steps  to  build  an  eco-system  for innovation in the country and thereby encourage the innovation-based industry in India. Programmes like Atal Innovation Mission and Startup India have been undertaken that encourage innovation and entrepreneurship. Necessary safeguards and controls are put in place as  per  the  provisions  in  law  and  changes  are  made,  as  required,  in public interest.
- (e): India  has  a  Trade  Related  Aspects  of  Intellectual  Property  Rights (TRIPS) compliant, robust, equitable and dynamic Intellectual Property Rights (IPR) regime. India has a well-established legislative, administrative and judicial framework to safeguard IPRs, which meets its international obligations while utilizing the flexibilities provided in the international  regime  to  address  its  developmental  concerns.  As  per TRIPS, to which India is a signatory, each Member has to accord to the nationals of other Members no less favourable than that it accords to its own  nationals  with  regard  to  the  protection  of  intellectual  property, subject to certain exceptions.

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