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Curtain Raiser World Looking At What Is

Humming Up IPR In India

By Mr. P. M. Thakkar

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QUESTION “How are we going to ensure that our Intellectual property

is protected at an offshore location?”

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The Ministry of Information Technology

Amended its IP rights program Enforcement of the Trade-Related Intellectual Property Rights provisions Goal is to promote awarenessProvide information regarding on patent searches and applications

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MODERNISATION OF INTELLECTUAL PROPERTY

ADMINISTRATION

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Modernization of IP administrations - as a strategic response to economic liberalization and globalization Modernization of patent offices - sanctioned at a cost of Rs. 75.59 crores Establishment of National Patent Office, human resource development, computerization and re-engineering of work practices, clearance of backlog of pending applications, and operational and financial autonomy

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acquisition of additional accommodation Website (http://patentoffice.nic.in/) of the office was launched On-line search facilities have been established The problem of backlog is also being attacked through 50% higher monthly target for disposal of patent applications Monitoring the progress of implementation

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Quality Policies Of TMR

Mission is to reach out, listen and solve public grievance across the table and as quickly as possible Qualitative services relating to search, examination, e-publication and post-registration activities Same day disposal of cases approach Implement a transparent and user-friendly automation systems

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Provide professional guidance to applicants/users Channelise its internal synergy to deliver results with promptitude To incorporate suggestions in improving the functioning of the office

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Future Vision Of TMR

Paper based activities and switch to paperless working Data exchange with International IP offices Web conferencing facilities “Work from Home” Knowledge based/digital library

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Measures To Strengthen The Enforcement Of

Copyright Law State governments and other Ministries were regularly requested to lay special attention to ensuring copyright protection A Handbook of Copyright Law National Police Academy, Hyderabad and National Academy of Customs, Excise and Narcotics conducted several training programs on copyright laws

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Copyright Enforcement Advisory Council (CEAC) Time to time to review periodically the progress of enforcement of the Copyright Act Special cells for copyright enforcement have so far been set up in 23 States and Union Territories Government also initiates a number of seminars/workshops on copyright issuesSCRIPT for cinematography films, IPRS for musical works and PPL for sound recordings

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PATENTSIndian Patents Act, 1970 provides patent protection - in accordance with the provisions of the TRIPS Agreement The recent conferment of “product patent” along with the “process patent” Separate Act - plant varieties The provisions of “international patent application” and “compulsory licenses”

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New Product Patents From January 2005

Threats include: 1. foreign companies - develop better drugs faster and patent them 2. Litigations and the costs and damages

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Opportunities include: 1. Indian pharmaceutical industry is

now poised to take full advantage of the size they have achieved with the help of process patents

2. India is a huge market (1.1 billion potential local patients) with

(I) a high intellectual capital and capable work-force

(II) a full data-base on drug research till date a low cost of drug development and clinical trials

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Because of the new patent law there will be increased

cross border research alliances, outsourcing and contract manufacturing, clinical research and in

licensing and out-licensing of products and services.

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The Past

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In MAY 2004 US Trade Representative Robert B

Zoellick identified India as among those on the priority watch list of countries that

"do not provide an adequate level of IPR protection or enforcement, or market

access for persons relying on intellectual property

protection".

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Present

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India and USIntellectual Property

Rights Coordinator Chris Israel

"having a strong and effective intellectual property rights

system will help make India a first choice for foreign

investment and trade." 

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Highlights are as follows:

Innovation is a keyfoundation for scientific progress, economic advancement and hope for countless millions in both nations trade between two countries to double every three years Need to reduce certain barriers

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Investment, particularly FDI (foreign direct investment) will be critical in maintaining the Indian economy's impressive growth rate U.S. companies are investing larger amounts in other countries around the globe India a first choice for foreign investment and trade

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India and UKIn January 2005 Joint Statement of Intent to create and implement an

Intellectual Property Rights programme between the United

Kingdom (UK) and India has been signed by Science Minister, Lord

Sainsbury, and the Indian Minister of Commerce and Industry, Shri

Kamal Nath

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Lord Sainsbury said

"I am very pleased that India and the UK have signed this Joint Statement of Intent relating to Intellectual Property Rights. Intellectual property is of great importance in enabling successful innovation, economic growth and partnerships in research and investment to take place.This statement formalises the commitment in both countries to creating the conditions for mutually beneficial trade and industry relations which reflect the profound changes brought about by the global knowledge economy."

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The following is a non-exclusive list of potential areas for future

cooperation:

The training and management of patent and trademarks officials.Development of the profession of patent and trademarks attorneys. Sharing of experiences and best practices for investigation of Intellectual Property infringements and their resolutions.

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The teaching of Intellectual Property law at law schools and universities including strengthening academic/ teaching/ training facilities in India in the field of Intellectual Property. This may include collaborative academic programmes between Indian teaching institutions and their counterparts in the UK. Increasing the awareness and understanding of use of Intellectual Property by industry.

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Bibliography1.     http://patentoffice.nic.in/2. Policy statements: Intellectual Property Rights in India, Embassy of India, Washington, DC.3.  Press Releases 2006: US Official in India to Promote Enforcement of Intellectual Property Rights - US Embassy New Delhi, India.4.   Press Releases 2006: The UK patent office.

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Thank You