Lok Sabha Question No. 2581 (UNSTARRED), answered on 2021-08-04
Subject: Vacant Posts in Patent Offices
Ministry: COMMERCE AND INDUSTRY
Asked by: Srinivas Kesineni

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL TRADE

## LOK SABHA

UNSTARRED QUESTION NO. 2581. TO BE ANSWERED ON WEDNESDAY, THE 4 TH  AUGUST, 2021.

## VACANT POSTS IN PATENT OFFICES

## 2581.  SHRI KESINENI SRINIVAS:

Will the Minister of COMMERCE AND INDUSTRY be pleased to state: वाणिज्य  एवं उद्योग मंत्री

- (a) the details of the total number of vacant posts of trademark and patent officers including the steps taken by the Government to fill these vacant posts;
- (b) whether  the  Government  safeguards  rights  of  owners  against  the  threat  of trademark squatting;
- (c) if so, the details thereof; and
- (d) if not, the reasons therefor?

## ANSWER

## वाणिज्य  एवं उद्योग मंत्रालय में राज्य मंत्री (श्री सोम प्रकाश) THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE & INDUSTRY (SHRI SOM PARKASH)

(a): The details of the total number of vacant posts of trademark and patent officers as on 02/08/2021 are as under:

## Patent office:

|   S. No. | Name of the Post                             |   No. of vacant posts | Steps taken by the Government to fill these posts                                                                                                                                    |
|----------|----------------------------------------------|-----------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|        1 | Senior Joint Controller of Patents & Designs |                    04 | There was no officer eligible for promotion in feeder grade. Two officers in the grade of Joint Controller of Patents & Designs will become eligible for promotion in January, 2022. |
|        2 | Joint Controller of Patents & Designs        |                    08 | Matter is under active consideration in the Department.                                                                                                                              |
|        3 | Deputy Controller of Patents &               |                    01 | One post of Deputy Controller of Patents & Designs has been kept in sealed cover on                                                                                                  |

|    | Designs                                   |    | account of ongoing disciplinary proceedings against said officer.   |
|----|-------------------------------------------|----|---------------------------------------------------------------------|
|  4 | Assistant Controller of Patents & Designs | 01 | Matter is under active consideration in the Department.             |
|  5 | Examiner of Patents & Designs             | 64 | Matter is under active consideration in the Department.             |

## Trade Mark Registry office:

|   S. No. | Name of the Post                                               |   No. of vacant posts | Steps taken by the Government to fill these posts                                                                                                                                                                                                                                                                                                                                                                                                                                                      |
|----------|----------------------------------------------------------------|-----------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|        1 | Senior Joint Registrar of Trade Mark & Geographical Indication |                    02 | Since this post is to be filed purely on 100% Promotion basis, no officer from feeder cadre is eligible for promotion to these posts. Steps were taken to fill these posts on deputation, but efforts were unsuccessful. One official will be eligible for promotion to this post in 2022.                                                                                                                                                                                                             |
|        2 | Joint Registrar of Trade Mark & Geographical Indication        |                    04 | Since this post is to be filed purely on 100% promotion basis, no officer from feeder cadre is eligible for promotion to these posts. Steps were taken to fill these posts on deputation, but efforts were unsuccessful. Four officials will be eligible for                                                                                                                                                                                                                                           |
|        3 | Deputy Registrar of Trade Mark & Geographical Indication       |                    09 | promotion to this post in 2024. This post is to be filed on 80% Promotion and 20% Direct Recruitment (DR) basis. As on date, no officer from feeder cadre is eligible for promotion to these posts. 03 Officers will become eligible for promotion in January 2022. Earlier, steps were taken to fill these posts on deputation, but the efforts were unsuccessful. As regards to direct recruitment, UPSC has advertised 03 posts of Deputy Registrar and the same is at its final stage in the UPSC. |

|   4 | Assistant Registrar of Trade Mark & Geographical Indication   |   25 | This post will be filed on 66.67% Promotion and 33.33% Direct Recruitment (DR) basis. As regards to promotional posts, only 05 officers from the feeder cadre are eligible for promotion and said proposal is under active consideration in the Department. Earlier, steps were also taken to fill these posts on deputation, but the efforts were unsuccessful. As regards to direct recruitment, UPSC has advertised 11 posts of Assistant Registrar and the same is   |
|-----|---------------------------------------------------------------|------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   5 | Senior Examiner of Trade Mark & Geographical Indication       |   30 | at its final stage in the UPSC. This post is to be filed on 75% Promotion and 25% Direct Recruitment (DR) basis. As regards to promotional posts, no officer from feeder cadre is eligible for promotion to these posts. Steps were taken to fill these posts on deputation, but the efforts were unsuccessful. As regards to direct recruitment posts, 09 officers have been appointed in May 2021.                                                                     |
|   6 | Examiner of Trade Mark & Geographical Indication              |  100 | This post is to be filed on 25% promotion and 75% Direct Recruitment (DR) basis. As regards to promotional posts, no officer from feeder cadre is eligible for promotion to these posts. Steps were taken to fill these posts on deputation but, the efforts were unsuccessful. As regards to direct recruitment, UPSC has advertised 65 posts of Examiner and the same is at its final stage in the UPSC.                                                               |

| (b):       | Yes Sir.                                                                                                                                                                                                                                      |
|------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| (c) & (d): | Protection of the original adopter or proprietor of a trademark has been provided under Section 34, Section 47, and Section 11 read with Section 57 of the Trademarks Act, which may be considered as protection against trademark squatting. |

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