IPR CHAIR ACTIVITIES 2013-14

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Activities of MHRD Chair/ CIPRA -2013- 14Programmes Organized by Centre for Intellectual Property Research and Advocacy-

MHRD Chair on IPR, NLSIU, Bangalore

01. One Day Conference on   “Advantages Of Madrid Protocol” on 31 st July 2013

In the Silver Jubilee Year of the National law School of India University the Centre for

Intellectual Property Rights Research and Advocacy(CIPRA) organised “One day conference

on Advantages of Madrid Protocol on...Registration of Trademarks”, at the International

Training Centre, NLSIU, on 31st July, 2013.

With the backdrop deposition of India’s instrument of accession to the Madrid Protocol for

the International Registration of Marks at WIPO, India giving effect to protocol through

appropriate amendment to Trademark Laws, Rules and realising the significance and

potential of the Madrid Protocol, the Centre for IPR Chair / MHRD Chair on IPR at NLSIU

has taken initiative to conduct this conference to bring in awareness and initiate a debate

among Trademark Attorneys, Agents, Proprietors of the various companies & industries,

SME’s, Academician, Advocates practicing in IP litigation, In-house councils, consumers,

students and the Public in general.

Vivek Research Associate "Highlighted the importance of the Trade Marks in present day

context stating that Trade mark is the key for the successful business strategy and that it

symbolises the presence of quality products in market. Therefore, registration and protection

of Trade Mark is imperative for developing of the business. And, as we have entered in the

international regime on trade marks by accession to Madrid Protocol, the opportunity for

Indian brands to flourish and get protection internationally has raised to high level.

After that the Chief Guest along with other dignitaries inaugurated the program by lighting

the Traditional lamp.

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From left Mr. Hari Krishna Holla, Advocate and Trademark Attorney, Prof T Ramakridhna,

MHRD Chair Professor, Mr. R.A. Tiwari, Assistant Registrar of Trade Marks and

Geographical Indication, Mr. Shri C.S.Uchil, Sr. Examiner of Trade Marks, Smt. Charry

Thong, Partner, K & S Partners.

Delivering the key note address Mr R.A. Tiwari, Assistant Registrar of Trade Marks and

Geographical Indication, Mumbai started with the basic term of the IPR as a property that has

the genesis from the human mind. It is a property emanating from the intellect of a human.

The products as we come across satisfy the needs of the man. Human skill is protected by

way of patents. However the most important IPR by which the product is identified and

distinguished from other products of same nature is Trade Mark.

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Mr. R.A. Tiwari, Assistant Registrar of Trade Marks and Geographical Indication,

GOI acceded to Madrid Protocol -which means protection has been extended beyond the

territory of India by filing a single application in a single forum in India only. Felt privileged

to throw some light on Madrid Protocol and bring part of NLSIU activities.

Prof. T Ramakrishna, MHRD Chair Professor

Prof. T Ramakrishna MHRD Chair Professor: Welcoming the dignitaries highlighted that it is

the Silver Jubilee Year of NLSIU. Quoting Shakespeare's Rome and Juliet: "What is in a

name?" "A Rose by whatever name it is called smell as sweet". However stated that the

application of the Quote in present day Trademark scenario is different where the names have

got the utmost importance as that of the product itself. TM is a bridge which connects the

producer of the goods with the consumer. There was a felt need for protection of the TM

pursuant to the expansion of trade beyond territorial jurisdiction. Albeit the TM movement

started right from the year 1883 by virtue of Paris Convention, however in India it practically

gained importance form 1940 up to the present day Trade Marks Act 1999 which forms the

complete TM legal regime in India and fully inspired by TRIPS agreement.

Commenting on CIPRA sir, stated that CIPRA from its beginning has felt that it is not

sufficient to impart IPR education only in class rooms but CIPRA believes that it is its social

responsibility to initiate debates in IPR whenever, new developments take place in the

concerned field. We have been involved not only in the tracking of National Development

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but also the International as well. He referred to the conference on American Invent Act

organised by CIPRA immediately after it was signed into the Law.

From right Mr. Hari Krishna Holla, Advocate and Trademark Attorney, Smt. Charry Thong,

Partner, K & S Partners.

Resource persons included those from the office of Controller General of Patents Designs

and Trademarks (CGPDTM) , Mr. R.A. Tiwari, Assistant Registrar of Trade Marks and

Geographical Indication, Mumbai. Mr. Shri C.S.Uchil, Sr. Examiner of Trade Marks,

Mumbai, academics and eminent legal professional, such as, Mr. Hari Krishna Holla,

Advocate and Trademark Attorney, Bangalore, Smt. Cherry Thong, Partner, K & S Partners,

Bangalore.

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three technical sessions witnessed thoughtful remark over the Madrid Protocol advantages

and implication on India. The conference also witnessed an interactive participation of

experts.

Group photo

2. Conference on “Innovation, Patents, and Trade Secrets for MSMEs in IT/ITEs sector

in Karnataka” on 19 th October 2013

The Conference on Patents, Innovation and Trade Secret for MSMEs in IT/ITES Sectors in

Karnataka was started with the inaugural speech of Prof. (Dr) T. Ramakrishna, MHRD Chair

Professor on IPR; who initiated the conference by highlighting the importance of the

conference on two reasons: one being for coming in a silver jubilee year and being a first

collaboration between the CIPRA and Intel Corporation. The idea was conceptualized two

months back with the Mr. John Edward Matheson and the Vice-Chancellor. Albeit the area of

IPRs is a recent development but the concept of capacity building has been there since two to

three decades. The program is backed by the Mr. John who is Director of Legal Policy

APAC, Intel Technology Asia Pte. Ltd., Singapore., he has been representing the global trade

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policy, he is an IPR lawyer, Attorney in Japan, and his principle areas of interest have been

the IP, proactive thinking, Law reforms in IP and anti-counterfeiting etc.

Introduced Mr. S.M. Jamakhandi, Director MSMEs, Development Institution, Government of

India, that he has been involved in the various programme of the CIPRA.

As the Vice Chancellor was not available, the presiding officer for the conference was Prof.

V.S. Mallar- Chair Professor, V.R. Krishna Iyer Chair on Public Law & Policy Choice,

NLSIU and the founding faculty of NLSIU which is called niche in global map of legal

education.

Prof. (Dr) T. Ramakrishna highlighted the names of the experts speakers for the technical

session as Dr Kumar and Shivaranjan, Deepu Mohan, Shivraj Dharney, sorabh Malhotra,

Ajay Prasad, etc. and that about 150 participants have registered for the conference.

The proposed chief guest Minister Concerned SR Patil due to some inability could not come

but his return speech was kept to be read after the inaugural session.

The Conference was initiated by the Lighting of the traditional Lamp by Mr. John Edward

Matheson, Mr. S.M. Jamakhandi and Prof. V.S. Mallar for inaugurating the particular

conference.

Mr. John Mathewson:

It is a real privilege to work with NLSIU as an important partner for starting innovation in the

companies-A contribution to enable innovation in India. China has become manufacturer of

the world but not an innovation but in India there is remarkable education and legal system of

international repute, which is advantageous for the innovations. There exists a tremendous

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power and opportunity to understand and execute Innovation. India has about 40% of work

force but 20% GDP, therefore the concerning task is to find out challenges to the innovation.

MSMEs have always been the engines for innovation whether active or the passive. Intel as a

successful innovator, learnt a lot, made mistakes, can now somehow internalize the

experience and is helping to reflect and advance innovations which might change the way of

business with creative efficiency, and help in making productive results. Clearly it is a

difficult task. However we are committed to Resonate the whole atmosphere of innovations

and also learning from the critics will be the focus of the program. We want it to be national

and also the cooperation of participants to make it success.

Hon'ble Minister [Written Speech]

Apologies for not being present! I assure that the State is committed to provide a cogent

atmosphere for IT and research. We are set to revise IT policy, some of which will be

highlighted in conference on Tuesday in Bangalore. Thanks to the organizers of the program.

In Karnataka, a lot of work has been done in the MSMEs sector, small co.s have helped in a

big way in contributing to the GDP which is 8% of country's GDP. There is a vast scope of

the ICT in the cloud computing and other related developments. The ICT industry has shown

its resilence and continued to grow by double digits. We are Home to 3500 IT Co.s,

contributing 25% of the state GDP. Government of Karnataka is of firm belief that ICT be

established to simplifying procedures, providing quality and services, equality of opportunity

and transparency be ensured. There exists Over 10 billion USD business opportunity

available for E business at present. New business models are required and seen as the

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incentive for the country's economic growth. We have the world's second best technology

and are world's second IT hub.

Initiatives in ICT and BT work that has been so far taken:

ICT policy version ...

BT policy version 2.0

Semi conductor policy 2010

Gaming Policy

Electronic system and design policy

State of Art IT parks

Biotech Parks

Alexander Knowledge Park

Capacity Building in Biotech Sector

Separate Venture Funds for ICT, semiconductor and Animation Sectors

Application of ICT in health and education

Government support for the ICT

Mr. S.M. Jamakhandi, Director of Development Institute, MSME, Bangalore.

Innovation IPR and Patenting, product development has been close to my heart, basically I

am an electrical engineer, joined GOI in MSME, worked in Delhi for 12 years. In 1950's

prime focus of the Govt. was on Industrialization and focus was only on Industry. The

country adopted mixed economy, but largest investments were placed in public sector, there

was a constant market for 30 years, however, the MSMEs developed in early 90’s. India is

the 7th largest economy in the world; speculation is that it will be 3rd in near future. Initially,

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GOI was biggest purchaser, but MSME were mainly concerned in manufacturing sector,

encouragement from govt. made it to be the largest employer of the Country, 10% of the

GDP, 45% of Engineering export, high technology products, even in Bangalore, 16% of

technology for outside firms comes from MSME, even for rocket launching as well. MSME

has been highly innovative and has entered in critical areas. There are about 30.6 million

MSME registered in India which is less than, 212 million in china. The fate of MSME's is

same as like Dollar. The China is overtaking India in MSME sector. To help MSME some

initiatives like trade agreements have given opportunity for MSMEs in International market.

But when foreign companies are allowed to export products to India, the same products in

India leads to ambiguity.

Innovation in designing and redesigning is an absolute necessity for present era and

competitions are also creating some hurdles but existing MSME should take it as an

opportunity to excel. Either you innovate or you perish. To help them become productive and

competitive, the GOI came up with, National manufacturing Competence Program and

Design Cleaning Skills which can help MSMEs for developing a product for national and

international market. Various schemes have been incorporated whereby major costs were

subsidized by the government or even marketing and other incentives for making them to

innovate more.

Under such schemes providing finance of 10 lakhs will be absolutely free for MSMEs, then

credit up to 1 crore is collateral free, and more insurance incentives are provided to hedge the

risk involved.

25% of credit is targeted on MSME. Also, 20% of products are purchased to be from MSMEs

outside as part of promoting MSME's in the international market.

The Innovation is in the gene of every Indian whether it be Scams or else etc. The same is

evident from the fact that 50% of patents in US by all Indians become residents. There are a

number of Govt. schemes to support MSMEs, The subsidies can be an incentive only for a

certain time, the threat of global market is a real challenge for the MSMEs to tackle.

Therefore, MSMEs must have to have a passion of innovation, only then it can really matter.

If MSME don’t innovate, it is very difficult for them to survive. The conference will enhance

the MSMEs to innovate and to progress in the technology and I Hope it to be grand success.

Prof. V.S. Mallar (Presiding)

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He gave an insight about the NLSIU journey in order to draw an analogy for highlighting the

importance of innovation at present times. The NLSIU as per the opinion of the Sir, has

reached to the present level of distinction in the legal education only because of the

innovation and the commitment to innovate by its integral players.

In 1950-60 legal education was in crisis. Prof. Menon did not wanted in renovating legal

education but he succeeded on innovating legal education. And that is why, in NLSIU,

Research projects, interviews in exam etc. were incorporated. We succeeded. First registrar –

Krishnappa on whom the Hall named and NL Mitra decided to take MBL classes without any

remuneration. And as a result we became intellectually competent and socially relevant.

In 1988 Law school started functioning, but in 1992 MHRD chair was established. T

Ramakrishna was appointed as its chair. Various seminar courses were incorporated

gradually. CIPRA has been active in organizing seminars, workshops, conferences for

academicians, industrialists, government officials, and legal experts etc. It is also

encompassing various Researches, journals, and website.

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Participants

There will be an intellectually stimulating discussion after inaugural session and all scholars

will contribute and the conference will be a tribute to the 25 th year of the NLSIU. Successive

Governance irrespective of the political party in state govt. have been financially supporting

the NLSIU, however the autonomy of institution has always been consideration. Expressed to

Veerapa Moilly, who has been instrumental in putting NLSIU under the UGC grants

gratitude.

Group photo

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