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        News and Press Release

        Intellectual Property Rights Policy Management framework covers 8 types of intellectual property rights

        July 21, 2023

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        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

        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

        1. Appropriate amendment in IPR Laws and Rules - improving procedural requirements in processing of applications to speed up grant and disposal.
        2. Modernisation & Digitisation of IP offices - improvement in functioning and performance of IP Offices as well as streamlining workflow processes.
        3. Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP) to encourage filling of Patent applications by Startups.
        4. Reduction in filing Fees for Start-ups, MSMEs, and educational Institutes to encourage Patent filling.
        5. Expedited Examination for certain category of applicants, such as Start-ups, small entities, women inventors for expeditious grant of Patents.
        6. 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.
        7. National Intellectual Property Awareness Mission (NIPAM), a flagship program to impart IP awareness and basic training in educational institutes.
        8. 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.
        9. Patent Facilitation Programme has been revamped to scout patentable inventions and provide full financial, technical and legal support in filing and obtaining patents.
        10. 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.
        11. 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.

        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.

        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.

        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.

        Intellectual property framework consolidates eight IP categories and mandates facilitation, expedited processing, and commercialization support. Consolidating eight IP categories under a unified framework, the policy sets out statutory bases and protection terms for patents, trademarks, designs, copyrights, geographical indications, semiconductor layout designs, trade secrets and plant varieties, and prescribes measures-procedural amendments, office digitisation, fee reductions, facilitation schemes, expedited examination, awareness programs, academic chairs and innovation centres-to accelerate filings, strengthen protection, and promote commercialization of intellectual property.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Intellectual property framework consolidates eight IP categories and mandates facilitation, expedited processing, and commercialization support.

                                Consolidating eight IP categories under a unified framework, the policy sets out statutory bases and protection terms for patents, trademarks, designs, copyrights, geographical indications, semiconductor layout designs, trade secrets and plant varieties, and prescribes measures-procedural amendments, office digitisation, fee reductions, facilitation schemes, expedited examination, awareness programs, academic chairs and innovation centres-to accelerate filings, strengthen protection, and promote commercialization of intellectual property.





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