Lok Sabha Question No. 3567 (UNSTARRED), answered on 2024-12-17
Subject: Awareness of Intellectual Property Scams
Ministry: COMMERCE AND INDUSTRY
Asked by: Shri Vishaldada Prakashbapu Patil

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

## LOK SABHA

UNSTARRED QUESTION NO. 3567.

TO BE ANSWERED ON TUESDAY, THE 17 TH  DECEMBER, 2024.

## AWARENESS OF INTELLECTUAL PROPERTY SCAMS

## 3567.  SHRI VISHALDADA PRAKASHBAPU PATIL:

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

- (a) whether steps are being taken to raise awareness about Intellectual Property (IP) scams to protect IP rights in the country;
- (b) if so, the details thereof and if not, the reasons therefor;
- (c) whether measures are implemented to enhance Intellectual Property Rights (IPRs)  and  prevent  unauthorized  access  to  sensitive  information  about  IP applications; and
- (d) if so, the details thereof and if not, the reasons therefor?

## ANSWER

## वाणिज्य एवं उद्योग मंत्रालय में राज्य मंत्री ( श्री णिणिन प्रसाद ) THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE & INDUSTRY (SHRI JITIN PRASADA)

- (a) & (b): The  DPIIT  has  implemented  many  measures  to  enhance  awareness  of intellectual  property  rights  and  mitigate  instances  of  fraudulent  activities involving the abuse or misrepresentation of IP rights for personal or financial gains. These scams/activities can take various forms, but often revolve around deception or the unlawful use of IP, leading to financial losses or reputational damage. These may include passing off of fake goods as authentic / genuine, brand  tarnishing  activities,  cyber  squatting,  patent  infringements,  copyright violations  including  unauthorized  reproduction  /  distribution  /  sale  of  pirated copies of copyrighted materials etc.

Since 2017, a comprehensive framework for awareness initiatives has been established across key sectors, including academia, law enforcement agencies, and industry organizations. The Cell for IPR Promotion & Management under DPIIT  has  conducted  over 1,300  programs ,  including  awareness  sessions, workshops, and training, all aimed at fostering a deeper understanding of IPR, and how to combat counterfeiting / piracy prevalent on both offline and online platforms.

Over 130 programs on IP Enforcement have been conducted for various law enforcement  agencies  including  police,  customs  and  judiciary,  pan  India  in association with IP experts in various fields such as:-

-  JudiciaryA total of 58 programs have been conducted for judges and legal professionals,  aimed  at  enhancing  their  understanding  of  evolving  legal frameworks in intellectual property and its application in the digital space. These sessions are designed to support informed and efficient decisionmaking in legal proceedings regarding IP infringements.
-  Customs 26 programs have been held for customs officials, focusing on strengthening their knowledge of counterfeit goods, crime investigations, and the efficient management of border control operations.
-  Police  49  programs  have  been  organized  for  police,  with  a  focus  on improving their skills in investigating intellectual property violations, applying criminal law, and interacting with the public.

In addition, over  400 programs  have  been  conducted  in  academic institutions, some of which were in collaboration with DPIIT-IPR Chairs and Atal Tinkering Labs. More than 4600 academic institutions have been covered till  date.  Over  400 programs have been conducted to support industry, some of  which  were  in  collaboration  with  the  Ministry  of  Micro,  Small,  and Medium  Enterprises  (MSMEs).  These  initiatives  enable  entrepreneurs  and startups to understand the significance of safeguarding their IP, register their IP thereby reducing vulnerabilities to IP infringements.

Following additional measures were also taken:

-  Launched IPR Enforcement guidelines to assist Police Officials in handling IPR infringement matters.
-  Anti-  piracy  videos  were  made  featuring  prominent  Bollywood  stars  for wider outreach.  The  same  were  aired in theatres and were also disseminated through Youtube.
-  A  Short  Video  Contest  on  Anti-Counterfeiting  was  conducted  to  raise awareness regarding Counterfeit products among Students.
-  Mandatory IPR training for regular and in-service officers in all State Police Academies through issuing a direction of the Ministry of Home Affairs.
-  In  partnership  with  NIXI  and  MCDCU,  approximately  380  copyrightinfringing websites with over 186 million hits were removed.
-  IP Nani comic (India's First IP Mascot) were made and released
-  Published educational articles in Teacher Plus magazine
-  Anti-Piracy  Video  Campaign  using  cartoon  characters  -  Motu  and Patlu were run    to raise awareness in kids on IP piracy
-  To reach out to the remotest corners, SATCOMs on IPR are also being conducted - 1,00,000 students reached, reaching 2700+ rural schools
-  Digitally launched Miss IPR comic - Taking forward the legacy of IP Nani
-  Launched 17 promotional videos covering prominent Indian GIs for wider dissemination.
-  Conducted Facebook Live sessions with Atal Innovation   Mission   conducted   for  Atal  Tinkering  Labs  students  and teachers
-  A GI Digital Catalogue featuring over 400 registered GIs was developed. This  catalogue  includes  high-definition  photographs,  short  videos,  and

engaging  descriptions  highlighting  each  GI's  name,  uniqueness,  history, and region.

-  The  National  Intellectual  Property  Awareness  Mission  (NIPAM)  was launched in December 2021 with the aim of raising intellectual property (IP) awareness and providing basic IPR training across educational institutions, including  in  rural  and  remote  areas  as  well.  This  NIPAM  program  also makes the youth and students aware about the evil consequence of use of counterfeit and pirated products. To date,over9,000 awareness programs have been held, benefiting approximately 23.4 lakh individuals, including 21.14 lakh students and 2.25 lakh faculty members who may help foster such awareness amongst all. Nearly half of the participants (49%) were women. These programs have been successfully conducted across all 28 states and 8 Union Territories.
- (c) & (d): To enhance the Intellectual Property Ecosystem in the Country, the Government  of  India  had  introduced the National IPR  Policy in  2016 encompassing  all  IPRs  into  a  single  vision  document  setting  in  place  an institutional  mechanism for  the  implementation,  monitoring  and  review  of  IP laws.

The  policy  has  seven  objectives  designed  to  create  an  environment  that encourages  innovation  and  creativity  by  providing  stronger  protection  and incentives  for  inventors,  artists,  and  creators.  There  are  several  measures undertaken  to  achieve  the  given  objectives.  Among  measures  taken  are compliance  and  timeline  reduction  in  IP  filing  and  disposal,  fee  rebate  for Startups,  MSMEs,  Educational  Institutions  and  expedited  examination  for certain categories of applicants. Following are some of the key measures taken:

- i. Startup Intellectual Property Protection (SIPP) Scheme: The scheme for Startups Intellectual Property Protection (SIPP) was launched in 2016 to provide pro bono facilitation to the startups for filing and processing of their patent, design ,or trademark applications  through  government empaneled   IP   facilitators.  The  scheme  was  extended  to  all  Indian innovators/ creators using the services of the Technology and Innovation Support  Centers (TISCs)    established  in  India  with  effect from September 06, 2019. In November, 2022, the scheme was revised and  facilitation  fees  was  notably  increased  by  at  least  100%  to  further encourage  the  IP  facilitators  to  provide  quality  services  to  the  eligible applicants.
- ii. Scheme for pedagogy and research in IPRs for Holistic Education & Academia' (SPRIHA): Under this Scheme, DPIIT has appointed IPR Chair Professors at higher educational institutions to promote  the study, education, research, and awareness of IPR. Initially, 18 universities were included in the scheme. However, from the year 2023 to till date, 20 new universities were added, bringing the total to 38, which includes prestigious institutions like National Law Universities and Indian Institutes of Technology. By providing financial and institutional support, the scheme enables universities to conduct research, specialized training, awareness programs, and workshops. This scheme encourages collaboration between academia  and  government,  ensuring  that  IP-  related  research  leads  to tangible societal benefits. This holistic approach not only strengthens IP education but also aligns academic outputs with national IP policy goals, contributing to India's vision of becoming an innovation-driven economy.
- iii. Modernisation  &  Digitisation  of  IP  offices -IP office  has  been modernized  and  workflow  processes  have  been  streamlined.  Virtual hearings facility has been extended to all wings including Trademark and Copyright  for  faster  disposal  of  applications. AI  and  ML  based  Search Technology  has  also  been  introduced  in  Trade  Marks. IP  Saarthi Chatbo t has been designed to provide instant support and guidance to the users on the IP registration/ grant processes.
- iv. The National Intellectual Property Awards are conferred annually in 13 categories, including Best Police Unit (District/Zone in a Commissionerate), Cyber  Cell,  and  Customs  Office,  based  on  criteria  such  as  FIRs  filed, charge  sheets,  convictions,  raids  conducted,  and  the  value  of  seized materials,  one  more  step  to  recognize  and  encourage  effective  IP enforcement in India.
- v. Compliance  Reductions  Patents  (Amendment)  Rules,  2024  were notified  to  simplify  patent  acquisition.  Certificate  of  Inventorship  was introduced to recognize inventors. Other changes included giving a Grace period for claiming patent protection,  simplifying  Form  3/  Form  27 compliance.  Vide  Trademark  Rules  amendment  in  2017,  the  number  of filing forms have been reduced and simplified from around 75 forms down to 8 forms.
- vi. WIPO's Technology and Innovation Support Center (TISC) program , play a  key  role in advancing R&D and IP commercialization by providing innovators and entrepreneurs in India with services to protect and leverage intellectual  property.  Department  has  established 34  Technology  and Innovation Support Centers (TISC) across country in various Universities, Academic Institutions and State Councils for Science &Technology. Their activities include offering access to patent databases, guidance on IP management, and support for IP valuation and licensing. TISCs  also  connect  IP  creators  with  potential  investors  and  market opportunities, facilitating the commercialization of innovations.
- vii. Fee reductions: In order to enhance the IP ecosystem, fee rebates have been given to startups to encourage them protect their IP. Upto 80% fee rebate in patents, 50% in trademarks, and 75% in designs is being given to startups and small entities.

Measures have been undertaken to safeguard sensitive information about IP applications. Under the provisions of the Patents Act, a patent application is not made open to the public for eighteen months from the filing date or the priority date, unless the applicant submits a request for early publication. Additionally, the application, specification, and other related documents are not referred to the  examiner for  examination until the application is published.  Designs are published only after registration.

Further, the Government has taken measures to ensure the safety and security of  IP  applications  related  data.  All  data  has  been  securely  uploaded  to  the cloud, providing better protection against data loss and preventing unauthorized data access.

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