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

21-7-2023

Contents

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

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

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