The Intellectual Property Rights Policy Management (IPRPM) framework established by the Indian Ministry of Commerce & Industry encompasses eight types of intellectual property rights. The National IPR Policy 2016, presented as a single vision document, outlines an institutional mechanism for implementation, monitoring, and review of IP laws. This unified approach aims to stimulate innovation and creativity by providing stronger protection and incentives to inventors, artists, and creators.
Analysis: The eight types of intellectual property rights covered under the IPRPM framework include Patents, Trade marks, Industrial Designs, Copyrights, Geographical Indications, Semiconductor Integrated Circuit Layout Design, Trade Secret, and Plant Varieties. The National IPR Policy 2016 offers detailed objectives and actions to foster an environment conducive to innovation.
A range of measures have been adopted under this policy, including modernisation and digitisation of IP offices, reduction in IP filing and disposal timelines, fee rebates for Startups, MSMEs, and Educational Institutions, and expedited examination for certain categories of applicants. Furthermore, initiatives such as the National Intellectual Property Awareness Mission (NIPAM), the National Intellectual Property (IP) Awards, and the Patent Facilitation Programme have been implemented to raise awareness, honour innovation, and promote patent filing respectively.
Additionally, various initiatives to promote study, research, and development of IPR in higher educational institutions have been undertaken, alongside efforts to boost commercialization of intellectual property.
Conclusion: The IPRPM framework and the National IPR Policy 2016 present a cohesive, proactive strategy towards IP management in India. They set the stage for a vibrant intellectual property ecosystem, stimulating creativity, safeguarding rights, and promoting economic growth. The impact of these policies is evident in the rise of patent filings, awards, and commercialization efforts, illustrating the strong commitment of the Indian Government to fostering an innovative and IP-friendly environment.
Ministry of Commerce & Industry
Intellectual Property Rights Policy Management framework covers 8 types of intellectual property rights
National IPR Policy 2016 encompasses all IPRs into a single vision document setting in place an institutional mechanism for implementation, monitoring and review of IP laws
Dated: 21 JUL 2023
There are following types of intellectual property rights covered under Intellectual Property Rights Policy Management (IPRPM) framework: (i) Patents, (ii) Trade mark, (iii) Industrial Designs, (iv)Copyrights, (v) Geographical Indications, (vi) Semiconductor Integrated Circuit Layout Design, (vii) Trade Secret, and (viii) Plant Varieties.
The framework was launched in the form of National IPR Policy 2016 encompassing all IPRs into a single vision document setting in place an institutional mechanism for implementation, monitoring and review of IP laws. The policy has seven objectives designed for creating 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. The details on objectives and activities undertaken since adoption of the policy is given below:
Details on objectives and activities undertaken under the National IPR Policy
i. Appropriate amendment in IPR Laws and Rules – improving procedural requirements in processing of applications to speed up grant and disposal.
ii. Modernisation & Digitisation of IP offices – improvement in functioning and performance of IP Offices as well as streamlining workflow processes.
iii. Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP) to encourage filling of Patent applications by Startups.
iv. Reduction in filing Fees for Start-ups, MSMEs, and educational Institutes to encourage Patent filling.
v. Expedited Examination for certain category of applicants, such as Start-ups, small entities, women inventors for expeditious grant of Patents.
vi. Awareness initiatives and Programs for stakeholders with an intent to inculcate importance of protecting their IPR at an early stage in the business development cycle.
vii. National Intellectual Property Awareness Mission (NIPAM), a flagship program to impart IP awareness and basic training in educational institutes.
viii. National Intellectual Property (IP) Awards are conferred every year to recognize and reward the top achievers comprising individuals, institutions, organizations and enterprises, for their IP creations and commercialization.
ix. Patent Facilitation Programme has been revamped to scout patentable inventions and provide full financial, technical and legal support in filing and obtaining patents.
x. Expand Knowledge Capacity & Skill Building: To promote the study, research, and development of IPR in higher educational institutions, IPR chairs have been set up across the country under the Scheme for Pedagogy & Research in IPRs for Holistic Education and Academia (SPRIHA). Currently, 37 IPR Chairs are incorporated. These Chairs have facilitated 146 Patent filings and 424 Patents registered, 215 IP works published, 1373 total IP Programs conducted, 238 Pedagogy activities undertaken during 2020-21 and 2022-23.
xi. Commercialization of IP: Technology Innovation Support Centres (TIS) have been set us in various Central and State Universities and State Council for Science & Technology across the country for supporting IPR education, boosting IP filings and enhancing IP commercialization. Since 2020, 12 established TISCs have filed 734 patents, conducted 1752 IP awareness programs, and commercialized 99 patents. Additionally, 901 applications for trademarks, designs and copyright were also filed. The network has been further expanded with 22 new TISCs across 20 states in the country. Technology Transfer Organizations (TTOs) & Incubators are also working in around 150 research institutions and more than 1000 Universities for commercializing IP.
These right areas are governed through respective Acts and Rules framed thereunder. The details of legal and regulatory considerations are given are below:
Details of legal and regulatory considerations for different IP areas.
|
Right Area |
Legal provision | Subject | Term of Protection |
| Patent | Patent Act, 1970 & Patent Rules, 2003 amended in 2014, 2016, 2017, 2019, 2020 and 2021. | Must qualify requirements of being novel, Inventive and having industrial utility | 20 years |
| Trademarks | Trademark Act 1999 & Trademark Rules 2017 | Protects brand name, logo, design for a business or commercial enterprise | 10 years ; renewed for 10 years on payment of additional fees |
| Designs | Designs Act 2000 & Designs (Amendment) Rules 2021 | New or original designs (ornamental / visual appearance discernible to the human eye) which can be replicated industrially | 10 + 5 years |
| Copyrights | Copyrights Act 1957 & Copyrights Rules 2013 amended in 2021. | Creative, artistic, literary, Musical and audio-visual works | Authors -Lifetime+ 60 years;
Producers – 60 years Performers – 50 years; |
| Geographical Indications | Geographical Indications Act 1999 & GI Rules 2002 amended in 2020. | Goods bearing unique characteristics due to geographical linkage – agricultural goods, natural goods, manufactured goods, handicrafts and foodstuff | 10 years, Renewed
for 10 years on payment of additional fees |
| Semiconductor
Integrated Circuits Layout Design |
Semiconductor
Integrated Circuits Layout Design Act 2000 & Rules 2001 |
A layout of transistors and
other circuitry elements including lead wires connecting such elements and expressed in any manner in semiconductor integrated circuits. |
10 Years. |
| Trade Secret | Common Law approach covered through IPC, Contract Act, IP Act and Copyright | Confidential information having commercial value | Till the time confidentiality is safeguarded. |
| Plant Varieties | Protection of Plant Varieties and Farmers Rights Act (PPVFRA), 2001 | Traditional varieties and landraces, all developed varieties (non-traditional and non-landrace) in trade/use for older than 1 year and not older than 15 years or 18 years (in case of trees and vines), and new plant varieties. | 6-10 years. |
This information has been provided by the Union Minister of State for Commerce and Industry, Shri Som Parkash in a written reply in the Rajya Sabha today.
***
