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Tuesday, December 30, 2014

Comments invited on National IPR Policy

DIPP placed on web draft policy on National IPR and invited suggestions. Salient features:

Objective 1 - IP Awareness and Promotion
Create awareness on a bigger scale. Since signing of TRIPs  workshops are held as regular events and scientists cannot be said to be unaware of IPR.

Objective 2 - Creation of IP 
Audit and bench line studies- more reports do not help.

Facilitate creation and protection of ‘small inventions’ through a new law
on utility models; Small invention?

 Introduce the ‘first-time patent’ fee waiver and support systems for
MSMEs and reduce transaction costs in other ways (e.g. prior art search); Is small fee and Google search for prior art limiting IP creation by MSME?

 Provide statutory incentives, like tax benefits linked to IP creation, for the

entire value chain from IP creation to commercialization;  These possibly will be fiscal incentives. Challenge is how to provide these benefits to units not recognised by DSIR. Need to understand why less than 10% of earmarked funds are utilised by DeitY for patent reimbursement.

Objective 3 - Legal and Legislative Framework
Reports on Standards not required. Sending teams to standard setting meetings also will not help. Influencing global standards with IP generated in India is a wish, governments do not set private standards. Companies are invited to the consortium only when they are working on state-of-art technology. The gold plated gate-pass to standard setting committee needs funding for a long period to private firms Indian owned and MNC owned. The legal requirement is AMENDING GFR (GENERAL FINANCE RULES) OF INDIA PROVIDING FOR GRANTS TO PROVATE FIRMS AND PROVISION TO WRITE-OFF INVESTMENT IN FAILED INNOVATIONS.

Objective 4 - IP Administration and Management
Rank and pay of officers is important. The highest ranking official should be of the rank of Secretary to GOI.

Objective 5 - Commercialization of IP
All assumptions need thorough checking. IP commercialisation is a topic for universities, nations should focus on IP trade. Funding IP acquisition  by researchers to MSME is also a nation building  activity.

Objective 6 - Enforcement and Adjudication 

Training Police and Juduiciary: ongoing process. quick results cannot be expected. what IP crimes are more relevant to India?

Objective 7 - Human Capital Development
Need to check sustainability of IPR cells in educational institutes from experience of TIFAC, NRDC etc.

1 comment:

hydrodrive said...

We need to address the issue with regard to the free help that need to be provided to small individual applicant of PCT APPLICATIONS while making application against NATIONAL ENTRY in each country opted with the help of GOI-IPR dept. and also by the Indian Consulate's Consular/Embassy and also by a non fleecing good patent attorney in case of difficulties experienced by the applicant in securing patent inspite of the applicant having already secured the patents in other countries and unable to succeed in a particular country for some reason.

The GOI need to allow the expenses of patent application fee,patent processing fee,patent attorney fee,patent renewal fee in India and in all countries where applications have been made as EXPENSE ALLOWABLE FOR 100% DEDUCTION IN PERSONAL INCOME TAX OF THE APPLICANT INCASE OF INDIVIDUAL AND ALSO BY FIRM OR COMPANIES so as to PROMOTE MORE IPR FILINGD IN INDIA/ABROAD.

The SECRETARY of IPR -CONTROLLER GENERAL OF PATENTS,TRADE MARKS need to be from the department only instead of an IAS.

After the retirement of Shri.S.Chandrasekaran as the Controller General & Registrar of Trade Marks,the Govt. Had posted two IAS depriving the talented technical people the position they really deserve.

Also the DIGITAL CERTIFICATE requirement of CLASS 3 for ONLINE FILING need to be made as CLASS 2.

Even with the Registrar of Companies,Income Tax Return filings done only wih CLASS 2 DIGITAL CERTIFICATE as accepted by the SERVERS and just for the IPR an applicant need to get CLASS 3 DIGITAL SIGNATURE and this class 3 digital signature will not work with the servers of IT and ROC.Hence the Hon'blue Minister who is Also Incharge of Registrar of Companies must be enlightened on this DIGITAL SIGNATURE BUSINESS LOOT being made by TCS for their business causing great inconvenience to IPR APPLICANTS on the false per text of more security.Whenc LAND SALE/PROPERTY TRANSACTIONS can be carried out and Income Tax and ROC can accept CLASS 2 DIGITAL SIGNATURE,I cannot understand why Class 3 is insisted.

Further the necessity for the DIGITAL SIGNATURE for the. ONLINE PATENT RENEWAL FEE PAYMENT should be waived.Patent Renewal Fee can be paid by anyone for a patent and it is only an INWARD REMITTENCE made with a DEBIT CARD/CREDIT CARD/BANK FUNDS TRANSFER and fee payment is not a document requiring an applicant's authentication with sisignature
In the PATENT CERTIFICATES already issued to the inventors,they have committed to charge each year only a specific amount for individual inventor and companies for the 20 year life term of the patent.

There is NO ESCALATION CLAUSE/CHANGE OF PATENT RENEWAL FEE indicated.

Hence it is IN APPROPRIATE to Charge Revised New Renewal Fee on the PATENTS ALREADY ISSUED with A specified patent renewal fee with no escalation cause.

The many fold increased renewal fee is deter mental to individual small inventors forcing them to drop renewal and would facilitate infringement easily.

Hence the Hon'ble Minister may be kindly requested to ADHERE TO OLD RENEWAL FEE FOR PATENTS ALREADY GRANTED BEFORE INTRODUCTION OF THE REVISED FEE STRUCTURE TO HONOR COMMITMRNT ON BACK OF PATENT CERTIFICATES FOR VARIOUS PERIODS OF RENEWAL
Hope the IPR AMENDMENT include all these valuable points.