WELCOMEWELCOME TO TO

ALL DELEGATES ALL DELEGATESBy

Dr. S. N. MaityController General of Patents, Designs and Trade

MarksOffice of The Controller General of Patents, Designs

and Trade MarksGovt. of IndiaGovt. of India

Role Of The Government In IPR Protection And Promotion

Government Of India

Ministry of Commerence & Industry

Department of Policy & Promotion

Office of The Controller General of Patents, Designs and Trade Marks

Patent Office Patent Trade mark Geographical Intellectual (Including the Information Registry Indications PropertyDesign Wing) System Registry Training Institute

The Controller General of Patents, Designs and Trade Marks

1. Administers the patent’s Act, 1970, the Design Act, 2000, the Trade marks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999

2. Renders advice to the Government in matters relating intellectual property rights

3. Provides inputs on issues connected with India's membership of the Paris Convention for the protection of Industrial Property and the Patent Cooperation Treaty (PCT)

4. Directs and supervise the functioning of : i. The Patent Office ( Including the Designs Wing) ii. The Patent Information System iii. The Trade Mark Registry iv. The Geographical Indications Registry, and v. The Intellectual Property Training Institute

Modernization of Intellectual Property Administration

Role of Government:

1. The government has taken substantial measures to modernize the Intellectual Property Administration in the country in view of the strategic significance assumed by intellectual property in the context of globalization and liberalization of the Indian economy and the increasing stress on innovation and creativity.

2. Government has taken both legislative and administrative initiatives to create a modern and facilitative set-up.

Legislative Initiatives Taken By Government:

1. Government replaced the old law, acts and rules relating to IPR protection by new law, acts and rules to harmonize the Indian IP administration with the global system and complied with international obligations.

2. The Design act, 2000 was brought into force in May, 2001 and the Trade Marks Act, 1999 and the Geographical Indications of Goods( Registration and Protection) Act, 1999 in September, 2003.

3. An amendment to the Patents Act, i.e. the Patents (Amendment) Act, 2002 has been enacted and brought into force in May, 2003.

Outcome of the Legislative Initiatives Taken By Government

1. The New legislative measures harmonized the Indian IP administration with the global system and complied with international obligations.

2. The amendment in the Patent Act made the Indian patent law not only TRIPS compliant but also provided therein necessary and adequate safeguards for protection of public interest, national security, bio diversity, traditional knowledge, etc.

3. Further the amendment in the Patent Act harmonized the procedure for grant of patents in accordance with international practice and to make the system more user friendly.

Administrative Initiatives Taken By Government:

1. Modernization of IP offices, all Patent offices, Trade Marks Registries and Designs wing have been modernized. The new Geographical Indications Registry set up at Chennai is fully modern office.

2. Action is now underway to set up integrated IP offices covering Patents, Trade marks, Designs and Geographical Indications in each of four metro cities so as to house all activities in one building in each city. New buildings are under construction and National Buildings Construction Corporation has been assigned the turnkey projects.

3. Creating a new identity for the modernized offices, a logo for the IP administration was created. Information brochures on different asspects of IP for users were prepared. The office has an integrated website covering patents, designs, trade marks and geographical indications of goods, i.e. www.ipindia.nic.in. All new IP laws and regulations are available on the website.

The Modernization Initiatives in Various IP Offices :

1. The Patent Office :

The modernization initiatives in Patent office includes review of existing procedures and development of new user friendly procedures computerizing procedure for grant of patents, improvements in novelty search facilities, networking of offices, improving the quality and strengthening of the human resources, awareness and out reach activities and clearance of backlog of applications.

Outcome of the modernization initiatives in Patent office : i. Comprehensive computerization of operations of patent office has been undertaken . It includes provision of hard ware and soft ware, installation of front office software to generate computerized information about status of patent application, receipt for filing of patent applications and list of books and journals available in the library and establishment of connectivity through local area network (LAN) and wide area network (WAN).

ii. Improvement in novelty search facilities has been ensured through acquisition of CD-ROMs of patent specifications of major patent offices of developed countries, provision of on line search facility and digitization of Indian patent specifications.

iii. The patent office has now achieved zero pendency in respect of request for examination filed from 20th May to 31st December, 2003.

iv. A Manual of Patent Practice and Procedure has been prepared and put into use to ensure uniformity in the procedure followed by different offices.

2. The Designs Wing :

The thrust of the modernization programme of Designs wing includes a transition from an essentially paper-based examination procedures to an IT based system supported by the computerization of existing records, online search facilities, and creation of a digital library. Digitization on of over 80,000 design records has been completed.

3. The Patent Information System

The patent Information System has been provided with modern office equipments such as computers, CD-ROMS and on-line access to external and internal databases under the modernization project to strengthen its capabilities.

4. The Trade Marks Registry

The modernization project of Trade Marks Registry focuses on liquidation of Backlog, up-gradation of infrastructure, implementation of the IT strategic plan and undertaking of a public outreach programme.

Outcome of the modernization initiatives in Trade Marks Registry :

i. The backlog of about 450,000 applications pending at various stages has been fully liquidated at all stages except contest cases.

ii. Online linkage of all branch offices has been established and consequently branches are receiving applications and isuing allocation numbers on the same day.

iii. Creation of physical files and data entry are now being done by the end of the next working day.

iv. Examination of applications is now being done within a week of receipt of application.

v. Pendency in publication in Trade marks journal has been liquidated.

vi. Renewal of TM certificates is being done in clear cases on the very day of receipt of application. In other cases , renewal is being done within 2 months.

vii. All the functions prior to publication stage have been decentralized except for Delhi office where space continues to be the constraint.

Activities of The various Offices Under CGPDTM

Activities of The Patent Office :

1. Administering the Patents Act, 1970, as amended by the Patents (Amendment) Act, 1999 and the Patents (Amendment) Act, 2002.

2. Granting of Patents

3. Renewals of the Patents

4. Restoration of lapsed patents

5. Grant of Compulsory licenses

6. Registration of Patent agents

7. Undertaking awareness generation programs and assisting other organizations in similar activities

Activities of The Designs Wing :

1. Registration of the Industrial Designs

2. Renewal of the Industrial Designs

3. Cancellation of the Industrial Designs

Activities of The Patent Information System :

1. Maintaining a comprehensive collection of Patent specifications and patent related literature on a world-wide basis

2. Providing technological information contained in patent or patent related literature through search services and patent copy supply services to various users of R&D establishments, Government offices, private industries, business inventors and other users within India.

Activities of The Trade Mark Registry :

1. Administering the Trade marks Act, 1999

2. Maintaining the register of trade marks and

3. Dealing with the applications for registration, renewal, amendment and cancellation, etc. of the trade marks.

Activities of The Geographical Indications Registry : 1. Registration of the Geographical Indications of the goods

2. Carrying out awareness generation activities and guidance to potential applicants with regard to the protection of names of goods which originates in a specific and identifiable geographical territory within the country in order to safe guard the intellectual property inherent in such indications of source.

Activities of The Intellectual Property Training Institute

1. Conducting training programmes meant for personnel engaged in intellectual property right matters

2. Providing training to Examiners of patents and designs

3. Organizing awareness programmes for other users such as patent attorneys, scientists and researchers.

Thank You