Lok Sabha Question No. 206 (STARRED), answered on 2017-07-31
Subject: Intellectual Property Index
Ministry: COMMERCE AND INDUSTRY
Asked by: KUNWAR HARIBANSH SINGH, VIJAY KUMAR S.R.

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT OF INDUSTRIAL POLICY & PROMOTION

## LOK SABHA

STARRED QUESTION NO.206. TO BE ANSWERED ON MONDAY, THE  31 ST  JULY, 2017.

## INTELLECTUAL PROPERTY INDEX

## *206.  KUNWAR HARIBANSH SINGH: SHRI S.R. VIJAYAKUMAR:

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

## वाणिज् यवव द्यग ं ्री

- (a) whether India has been ranked low in the Intellectual Property Index (IPI) and if so, the details thereof and the reasons therefor;
- (b) whether  the  Government  has  launched  a  ''Scheme  for  Intellectual  Property Rights  (IPR)  Awareness-Creative  India  and  Innovative  India"  under  the Department of Industrial  Policy  and  Promotion  and  if  so,  the  details  thereof along with its aims and objectives;
- (c) the number of IPR awareness workshops/seminars conducted under the said scheme; and
- (d) the steps taken/proposed to be taken by the Government to improve India's IPI?

## ANSWER

वाणिज् यवव द्यग ााज् यं ्रीस् वतं ््रभााा(स्रींतंरीिरंमलााीरीतंाांि( THE MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF COMMERCE & INDUSTRY (SHRIMATI NIRMALA SITHARAMAN)

- (a) to (d): A statement is laid on the Table of the House.

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## STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (d) OF LOK SABHA STARRED QUESTION NO. 206 FOR ANSWER ON 31 ST  JULY, 2017.

- (a): The  Government  is  not  aware  of  any  index  by  the  name  of  'Intellectual Property  Index'  published  by  any  multilateral  organization.  However,  the World  Intellectual  Property  Organization  (WIPO),  which  is  the  specialized United Nations agency on Intellectual property (IP) with 189 member states and is  the  global  forum  for  intellectual  property  services,  policy,  information and cooperation, publishes the Global Innovation Index (GII) annually along with other partners.

In the 2017 report, India ranks 60 th on the GII out of 130 countries. This is an improvement of 21 places from the 81 st rank in 2015, and 6 places from the 66 th rank in 2016.

- (b): Yes, Madam. A Scheme for IPR Awareness has been launched on 26 th May, 2017. The scheme targets conducting IP awareness workshops/ seminars in collaboration  with  industry  organizations,  academic  institutions  and  other stakeholders across the country. These awareness programmes are tailored for  the  following  categories:  Schools,  Universities/  Colleges  and  Industry, including MSMEs and Startups. The scheme also envisages IP training and sensitization programmes for enforcement agencies (Police) and the Judiciary.  The  objective  of  the  said  Scheme  is  to  foster  creativity  and innovation and thereby, promote entrepreneurship.
- (c): 19 programmes across 18 different states were carried out in the pilot phase of the Scheme  last year. 13 programmes, including 12 in Kendriya Vidyalayas, have already been carried out in schools in 2017.

Training  programmes  have  also  been  carried  out  for  police  officials  in  the States of Andhra Pradesh, Uttar Pradesh, Madhya Pradesh, West Bengal and Telangana. Additionally, training has been conducted at North Eastern Police Academy, where officials from nine states participated.

- (d): India has a well-established legislative, administrative and judicial framework to safeguard Intellectual Property Rights (IPRs), which meets its international obligations while utilizing the flexibilities provided in the international regime to address  its  developmental  concerns.  India  has  a  Trade  Related  Aspects  of Intellectual Property Rights (TRIPS) compliant, robust, equitable and dynamic IPR regime.

In  addition,  the  Government  of  India  has  taken  various  steps  to  further strengthen the IPR regime of the country, some of which are as follows:

-  The  National  IPR  Policy,  2016  was  adopted  on  12.05.2016  as  a  vision document  to  guide  future  development  of  IPRs  in  the  country.    It  has seven objectives including:
1. IPR  Awareness:  Outreach  and  Promotion -To  create public awareness  about  the  economic,  social  and  cultural  benefits  of  IPRs among all sections of society.
2. Generation of IPRs - To stimulate the generation of IPRs.
3. Legal and Legislative Framework - To have strong and effective IPR laws,  which  balance  the  interests  of  rights  owners  with  larger  public interest.
4. Administration  and  Management -  To  modernize  and  strengthen service oriented IPR administration.
5. Commercialization of IPR -Get value for IPRs through commercialization.
6. Enforcement and Adjudication - To strengthen the enforcement and adjudicatory mechanisms for combating IPR infringements.
7. Human  Capital  Development -  To  strengthen  and  expand  human resources,  institutions  and  capacities  for  teaching,  training,  research and skill building in IPRs.
-  Creating and exploiting synergies in the IPR environment is of paramount importance. The administration of Copyright Act, 1957 and Semiconductor Integrated  Circuits  Layout-Design  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.
-  There  have  been  wide  spread  and  far  reaching  amendments  in  the Patents  Rules,  2003  and  the  Trademarks  Rules,  2002.    Thus,  the  IP processes  have  been  re-engineered  to  streamline  them  and  make  them more user-friendly.
-  Manpower  in  the  Intellectual  Property  offices  has  been  ramped  up significantly with recruitment of an additional 458 Patent Examiners apart from  the  existing  130  and  an  additional  57  Trademark  Examiners.  100 Trademark  Examiners  have  also  been  deployed  on  contract  basis.  This augmentation  of  manpower  has  already  had  a  salutary  effect  on  the examination  and  disposal  of  patent  and  trademark  applications.  For instance, the number of patent applications examined in the first quarter of 2017-18 are 11898, as compared to just 1932 in the corresponding period last year. The examination time for trademark applications has also come down from 13 months to just 1 month.
-  Apart  from  country-wide  awareness  programmes,  an  IPR  Enforcement toolkit for the Police has also been prepared, which is a ready reckoner for police officials across the country in dealing with IP crimes.
-  Special benefits have been made available for startups and MSMEs.
-  The Government has entered into an agreement with WIPO  for establishment of Technology and Innovation Support Centers (TISC).
-  The Commercial Courts set up under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 also deal with IP disputes.
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