Authored by Gaurav Mishra
The Indian Patent Office appears to be breaking records with each passing day. From lightning fast publications to issue of examination reports and patent grants, the patent office is certainly en route to shedding off its sluggish and languid image. A few incidents – some experienced firsthand and others reported elsewhere are a testimonial to the patent office’s commitment to getting rid of the immense backlog that has been plaguing the offices and applicants alike.
In a…
The boom of ecommerce has brought a major change in how commercial transactions are carried out today. Ecommerce platforms are blooming and everyone is embracing this approach because of its smart and widespread reach to consumers. The Government does not want to lag behind and in its attempt to catch up with the ongoing trend; is considering going the ecommerce way to sell authentic Geographical Indication (GI) products.
GI registration gives the registered proprietor and its authorized users, the right…
On 16th January, 2016, Prime Minister of India unveiled the Government's Start-Up policy. The primary objective of the policy is to promote economic growth and employment opportunities. To promote a culture of starting up, the Prime Minister announced the following among others:
Three Year Tax cuts for Start-Ups, which are started after March, 2016;
Quick start and quick closure of start-ups. It was announced that one can start in a day and close in 90days;
Self-attestations for…
In last week’s post, we explored the concept of performer’s rights, which was recognized only in 1994, under the Indian Copyright Act, 1957, after a long delay. The basis for recognition of performer’s rights stems from the need for recognition of rights of performers as well as the need for sharing of the proceeds from the commercial exploitation of the visual or acoustic performances of actors, musicians, singers or dancers.
This week, we shall be discussing the judicial approach in…
The Indian auto and affiliated industries have seen unprecedented progress and growth in the last ten years. India has gone from an economy which used to replicate innovation and products from industrialized nations to becoming one of the preferred destinations for research and development, as well as manufacturing. To compete globally however, it is essential for organizations to invest in, develop and capitalize on their intellectual property (IP). But how to go about this is something that most Indian companies…
There has been a lot of commotion and discussion regarding the recent DIPP proposed amendment to the Patent Rules, 2003. To any agonized patent applicant, these suggested amendments are a relief from the tardy process of awaiting examination and grant for an application which in toto approximately takes 6-7 years. The entire process delays the enjoyment of the monopolistic right offered by a patent. Thus, the number of years that an applicant enjoys his patent right gets significantly reduced and…
The Department of Industrial Policy and Promotion (DIPP) intends to bring about some wonderful changes to the existing patent law. A quick look at the proposed changes suggests significant variation from the existing law and introduction of procedures to expedite grant of an application and revised set of rules for patent opposition. The patent applicants (their competitors too) and their agents have been long aggrieved regarding certain patent protection procedures which the DIPP now has taken notice of and have…
On the 13th October, 2015 (Tuesday) the blog ‘Don’t Trade Our lives Away’, posted the alleged final version of India’s first IPR Policy (“the policy” for brevity). However, according to Mr. Amitabh Kant, Secretary DIPP (as reported by LiveMint) the leaked document was only a policy document submitted by the IP Think Tank as an input to the actual policy. The policy will be in place within next 30-45 days. According to Mr. Kant, this policy will be “one of…
The Economic Times reported that the National IP Policy of India will be unveiled in the next two months. The news daily was quoting DIPP Secretary, Mr. Amitabh Kant, who said "India in the next two months will be coming out with a completely new and one of the finest IPR policies in the world."
The Draft National IP Policy received mixed response, and was quoted by some scholars as nothing more than a hastily compiled document. Other experts have…
The Working of the Patent System
The patent system promotes the progress of science and technology by granting exclusive rights to inventors for a limited period of time. On expiry of the limited period, the inventions enter the public domain and add to the pool of knowledge base for further inventive activity. It is believed that the exclusive rights granted by the patent system provide incentives to invent, invest, disclose and design, which push the limits of science and technology.…