As India awaits the outcome of Special 301 report brought out by the office of the US Trade Representative, an annual survey of countries with lax intellectual property rights (IPR) regime, the administration is getting ready to set its own IPR house in order. Even as it prepares to take the battle to defend its IPR regime to the Word Trade Organization and other international forums, the government is drawing out a plan to strengthen its Patent Office, improve its administration and enforcement, and sensitise the industry, research agencies and education institutes on the commercial benefits of intellectual property.
A key concern in strengthening the country's IPR regime is the low level of domestic patent filing - pegged at 20-22 per cent. "This could impact India's global competitiveness in the long run," says Amitabh Kant, secretary, Department of Industrial Policy & Promotion, Government of India. "This is an offshoot of the low awareness level among the industry, education and research institutes of commercial benefits of IP."
Experts point out that in most developed markets, small and medium enterprises (SMEs) have been a key driver of the IP regime in the domestic market. In India, it has been the domain of big business houses and government-based research agencies that have typically played a key role. "An all-out effort to reach out to SMEs through roadshows and workshops is currently underway with the help of patent office," says Dipankar Barkakati, who heads Ficci's IPR division.
Industry experts point out that there is an urgent need to overhaul the patent filing and generation process. D G Shah, secretary-general of Indian Pharmaceutical Alliance, a group of research-based Indian pharma companies, feels India could do with a more robust administrative body for IPR so that actions and implementation happen faster. "Time is a crucial factor," says Shah.
In India, it typically takes three to five years from the time of filing a patent to finally getting the patent approved. Officials at the patent office say that the time lag is largely due to a manpower crunch faced by the department. A major overhaul of India's patent office is in the offing. Officials in the Department of Industrial Policy & Promotion say this would involve upgrading and expanding the office infrastructure across Mumbai, Delhi, Chennai and Kolkata, and having a 1,000-strong pool of IP-trained manpower over the next two-three years.
The plan is to cut the patent generation time to 24-30 months. "There is also a need to update the domain knowledge of patent examiners at regular intervals," says Ramesh Datla, managing director, Elico Ltd and chairman of CII National Committee on IPR. Measures to simplify the online filing of patent applications will further facilitate the process, officials add. According to Chaitanya Prasad, Controller General of Patents, Designs and Trade Marks & Registrar of Geographical Indications, the government is also working on allowing a utility model of patents, a simpler form of patents that would help improve commercialisation of innovations.
IPR WAR: AGENDA FOR THE NEW GOVERNMENT |
Key allegations against Indian IPR regime
(Source: The United States Trade Representative and the United States International Trade Commission hearing)
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- IP law is TRIPS-compliant
- Policy framework is driven by public policy and needs of people
- Copyright law is one of the strongest and best in the world
- A national IP strategy is in place
- Provision of Compulsory Licence is within the paradigm of TRIPS
- Compulsory Licences used as a tool against anti-competitive activities and enforcement of affordable commodities all over the world
- Patent regime is R&D conducive, and is not affected by Compulsory Licences
- Prepare to fight IPR cases in World Trade Organization (WTO) or other international forums
- Link any investigation on IPR and trade laws to proposed Indo-US bilateral investment treaty looking at measures to step up bilateral trade to $500 billion
- Strong advocacy among industry, education and research institutes
- Suitably amend Indian patent laws to enable utility model of patents
- Ramp up domestic patent filings
- Strengthen the administrative and enforcement machinery
- Create a trained pool of IPR professionals in the country
Talks are currently on with the National Council of Education and Research Training (NCERT) to introduce IP-related education as part of school curriculum.
However, industry players point out the perceived gap between the policymakers, judiciary and international businesses is a concern that the new government would need to address urgently.
Pravin Anand, managing partner, Anand and Anand, advocates a more "consensus" approach to resolving the differences. "Any new government should build a think tank where each interest is represented equally and get them to come up with a "consensus".
However, not many in the government or industry seem to be in a mood to buy that line. "We are ready to fight in WTO if need be" says a senior government official. Jasper MacSlarrow, executive director, US Chamber of Commerce's Global Intellectual Property Center, one of the key players, which has been attacking India's stand on the IPR regime, says the advice to the new government is to step up government-to-government engagement, along with the business to address concerns and strengthen the IP environment. "A robust IP system is good for investment, innovation, and international trade," he says. Not many on the Indian side might disagree on that point.