February 7, 2002

'16'

GOVERNMENT’S INITIATIVES IN REVAMPING INTELLECTUAL PROPERTY SHOW RESULTS

SHARP INCREASE IN PATENT APPLICATIONS EXAMINED IN 2000-2001

MODERNISATION PROJECTS AT A COST OF OVER Rs.85 CRORE UNDER IMPLEMENTATION

    The Government’s initiatives to complement the changes in Intellectual Property (IP) laws with major upgradation and modernisation of the administrative framework have begun to show results. The initiatives are a strategic response to the rapidly growing relevance of intellectual property in technology and knowledge-driven economic development. The need for modernisation was also acute because of the lack of adequate manpower and supporting infrastructure necessary for dealing with the increasing workload of IP offices in India. The existing administrative frameworks which were set up in the pre-independence period also needed to be harmonised with international practices to cope with emerging challenges.

    Apart from legislative changes in relevant IP laws, the Government’s initiatives have including major upgradation and modernisation of the administrative framework covering Patents, Designs, Trade Marks and Geographical Indications. Projects to modernise the Patent Office, the Design Offices, the Trade Marks Registries and the establishment of a new Geographical Indications Registry at a cost of over Rs. 85 crore have been taken up.

    The modernisation initiatives have started showing initial results. Patent Offices, which have been examining around 2800 applications per year, examined around 4200 applications in 2000-2001. The average output of Patent Examiners has improved by 50%. These gains, which are with existing manpower, will be further consolidated with the appointment of 132 Examiners, 83 of whom are being issued appointment orders.

    From October 2000, the practice of Preliminary Examination Reports (PERs) for patents was commenced. This has resulted in starting early the process of patent processing. Over 24,000 PERs have been issued by various offices till now out of the total backlog of 39,000 applications pending. As a result of the recent initiatives, the Delhi Patent office is currently examining food, drug and medicine related patent applications filed as recently as in March 2001 and the Chennai office applications of June 2001.

    In order to further improve the functioning of the Patent offices, comprehensive computerisation is under-way and work is being sanctioned on turnkey basis to an appropriate implementing agency. This will ensure complete solutions of all IT related requirements of the offices and result in an IT enabled world class Patent Office.

    The main components of modernisation include strengthening of infrastructure support; comprehensive computerisation; automation and re-engineering of work procedures; human resource development through additional manpower and suitable training at all levels and liquidation of backlog. The approach is inclusive of action for refurnishing existing offices and equipping them with state-of-the-art automation tools.

    The simplification/re-engineering of work procedures and development of data bases to facilitate on-line search as also to create user friendly systems has been undertaken through the technical assistance of the World Intellectual Property Organisation (WIPO). A comprehensive IT Strategic Plan to cover the automated offices has also been drawn up.

    Two modernised patent offices in Delhi and Chennai were operationalised in July and August 2001 respectively and a modern Geographical Indications Registry (GIR) inaugurated at Chennai in August 2001. The modernisation of the Design office and the Patent office in Kolkata and the Trade Mark Registry in Mumbai is nearing completion. These offices are likely to be made operational shortly. The GIR has commenced basic work to receive and process applications. A Website has already been launched and it is proposed to upgrade it to an integrated, interactive IP portal by the end of 2002. A world-class IT enabled patent offices is targeted by end of 2003.

    These first-phase initiatives in regard to Patent offices have enabled initial computerisation, establishment of on-line search facilities, development of work manuals, launch of Website, preparation of information brochures, installation of front office software to generate computerised information about status of patent applications and issue of receipts. In turn, these have resulted in the improved performance of these offices.

    Modernisation initiatives related to Trade Marks Registry and its branches involve augmentation of existing capabilities through IT support, and strengthening of available infrastructure apart from improving public utility services and augmenting the staff resources of the Registry. The thrust of the project is to eliminate the backlog of pending applications.

    The modernisation project to strengthen the infrastructure of the Head Registry in Mumbai is expected to be completed by March, 2002. Activities relating to initial automation support and improvement of library have already been completed. 16 additional posts have been sanctioned in order to strengthen the working of the trademark offices. Work on improving record management and digitalisation of paper records to CD Roms is under progress. The existing Trade Marks Automated System (TMAS) is being re-designed to cover the new elements of the Act and to integrate the working of the branches through a shared network and delegated functions.

    The progress of work on the reduction of backlog in the Trade Marks Registry is now gathering momentum as a result of initial computerisation and recruitment of 20 contract Examiners from October, 2001. The number of trademarks registered in 2000-2001 was 14,020 compared to 8,010 in the year 1999-2000. The output per examiner has increased from 7-8 applications per day to approximately 25 applications per day. Consequently, against the earlier examination of approximately 9,000 applications per month, the average monthly examination has gone up to approximately 17,000 per month. The time for initial examination of pending applications has been reduced to approximately 2½ years and is expected to be further brought down to around 1½ years by March, 2002. This has been possible with the adoption of IT based search tools in the Trade Marks Registry and growing familiarisation with the computerised systems will increase the output.

BACKGROUNDER

    The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) -- signed as part of the Uruguay Round Accord – contains, inter-alia, general provisions and basic principles relating to Intellectual Property Rights (IPRs); sets out standards concerning scope and use of IPRs; refers to enforcement at the national level; and provides for transitional arrangements. Developing and transitional economies that have to change their legislation (eg., for changing to product patent regime) have until 2005 to adhere to the TRIPs provisions. TRIPs Agreement covers several forms of Intellectual property, namely, copy rights, trade marks, industrial designs, patents, plant & seed varieties, geographical indications, integrated circuits and undisclosed information and trade secrets.