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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.

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