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Proviso to Sec 61(2) of IBC allows for maximum extension of 15 days in filing of appeal, if sufficient cause is shown: SC (See 'Legal Desk') WTO experts underscore key insights on trade policy and industrial policy linkages (See 'Corp Brief') IBC - Gratuity dues are statutorily protected under Payment of Gratuity Act, and do not form part of liquidation estate of Corporate Debtor under the Insolvency and Bankruptcy Code: HC (See 'Legal Desk') IPR - Infringment of trademark and trade dress calls for permanent injunction: HC (See 'Legal Desk') IBC - Commercial wisdom of CoC to distribute amount under Resolution Plan based on security interest of respective financial creditors, can't be interfered if provisions are duly complied with: NCLAT (See 'Legal Desk') Labour Secy speaks on improving Female Workforce Participation in India (See 'Corp Brief') Mandaviya to inaugurate Office Complex of Zonal Office Telangana (See 'Corp Brief') IBC - Interim moratorium u/s 96 of Insolvency and Bankruptcy Code does not apply to penalty proceedings u/s 27 of Consumer Protection Act: SC (See 'Legal Desk') Global South is driving climate agenda: Yadav (See 'Corp Brief') Broadband connectivity will be provided to all Govt Secondary Schools: PM (See 'Corp Brief') Misc - 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DPIIT conducts over 1,300 programs to foster deeper understanding of IPRs

Published: Dec 18, 2024

By TIOLCorplaws News Service

NEW DELHI, DEC 18, 2024: THE DPIIT has implemented many measures to enhance awareness of intellectual property rights and mitigate instances of fraudulent activities involving the abuse or misrepresentation of IP rights for personal or ?nancial gains. These scams/activities can take various forms, but often revolve around deception or the unlawful use of IP, leading to ?nancial losses or reputational damage. These may include passing o? of fake goods as authentic / genuine, brand tarnishing activities, cyber-squatting, patent infringements, copyright violations including unauthorized reproduction / distribution / sale of pirated copies of copyrighted materials etc.

Since 2017, a comprehensive framework for awareness initiatives has been established across key sectors, including academia, law enforcement agencies, and industry organizations. The Cell for IPR Promotion & Management under DPIIT has conducted over 1,300 programs, including awareness sessions, workshops, and training, all aimed at fostering a deeper understanding of IPR, and how to combat counterfeiting / piracy prevalent on both offline and online platforms.

Over 130 programs on IP Enforcement have been conducted for various law enforcement agencies including police, customs and judiciary, pan India in association with IP experts in various fields such as:-

Judiciary- A total of 58 programs have been conducted for judges and legal professionals, aimed at enhancing their understanding of evolving legal frameworks in intellectual property and its application in the digital space. These sessions are designed to support informed and e?cient decision-making in legal proceedings regarding IP infringements.

Customs - 26 programs have been held for customs officials, focusing on strengthening their knowledge of counterfeit goods, crime investigations, and the e?cient management of border control operations.

Police - 49 programs have been organized for police, with a focus on improving their skills in investigating intellectual property violations, applying criminal law, and interacting with the public.

In addition, over 400 programs have been conducted in academic institutions, some of which were in collaboration with DPIIT-IPR Chairs and Atal Tinkering Labs. More than 4600 academic institutions have been covered till date. Over 400 programs have been conducted to support industry, some of which were in collaboration with the Ministry of Micro, Small, and Medium Enterprises (MSMEs). These initiatives enable entrepreneurs and startups to understand the signi?cance of safeguarding their IP, register their IP thereby reducing vulnerabilities to IP infringements.

Following additional measures were also taken:

Launched IPR Enforcement guidelines to assist Police Officials in handling IPR infringement matters.

- Anti- piracy videos were made featuring prominent Bollywood stars for wider outreach. The same were aired in theatres and were also disseminated through Youtube.

- A Short Video Contest on Anti-Counterfeiting was conducted to raise awareness regarding Counterfeit products among Students.

- Mandatory IPR training for regular and in-service officers in all State Police Academies through issuing a direction of the Ministry of Home Affairs.

- In partnership with NIXI and MCDCU, approximately 380 copyright-infringing websites with over 186 million hits were removed.

- IP Nani comic (India's First IP Mascot) was made and released

- Published educational articles in Teacher Plus magazine

- Anti-Piracy Video Campaign using cartoon characters - Motu and Patlu were run to raise awareness in kids on IP piracy

- To reach out to the remotest corners, SATCOMs on IPR are also being conducted - 1,00,000 students reached, reaching 2700+ rural schools

- Digitally launched Miss IPR comic - Taking forward the legacy of IP Nani

- Launched 17 promotional videos covering prominent Indian GIs for wider dissemination.

- Conducted Facebook Live sessions with Atal Innovation Mission conducted for Atal Tinkering Labs students and teachers

- A GI Digital Catalogue featuring over 400 registered GIs was developed. This catalogue includes high-de?nition photographs, short videos, and engaging descriptions highlighting each GI's name, uniqueness, history, and region.

- The National Intellectual Property Awareness Mission (NIPAM) was launched in December 2021 with the aim of raising intellectual property (IP) awareness and providing basic IPR training across educational institutions, including in rural and remote areas as well. This NIPAM program also makes the youth and students aware about the evil consequence of use of counterfeit and pirated products. To date, over 9,000 awareness programs have been held, bene?ting approximately 23.4 lakh individuals, including 21.14 lakh students and 2.25 lakh faculty members who may help foster such awareness amongst all. Nearly half of the participants (49%) were women. These programs have been successfully conducted across all 28 states and 8 Union Territories.

To enhance the Intellectual Property Ecosystem in the Country, the Government of India had introduced the National IPR Policy in 2016 encompassing all IPRs into a single vision document setting in place an institutional mechanism for the implementation, monitoring and review of IP laws.

The policy has seven objectives designed to create an environment that encourages innovation and creativity by providing stronger protection and incentives for inventors, artists, and creators. There are several measures undertaken to achieve the given objectives. Among measures taken are compliance and timeline reduction in IP ?ling and disposal, fee rebate for Startups, MSMEs, Educational Institutions and expedited examination for certain categories of applicants. Following are some of the key measures taken:

i. Startup Intellectual Property Protection (SIPP) Scheme: The scheme for Startups Intellectual Property Protection (SIPP) was launched in 2016 to provide pro bono facilitation to the startups for ?ling and processing of their patent, design, or trademark applications through government empanelled IP facilitators. The scheme was extended to all Indian innovators/ creators using the services of the Technology and Innovation Support Center s (TISCs) established in India with e?ect from September 06, 2019. In November, 2022, the scheme was revised and facilitation fees was notably increased by at least 100% to further encourage the IP facilitators to provide quality services to the eligible applicants.

ii. Scheme for pedagogy and research in IPRs for Holistic Education & Academia' (SPRIHA): Under this Scheme, DPIIT has appointed IPR Chair Professors at higher educational institutions to promote the study, education, research, and awareness of IPR. Initially, 18 universities were included in the scheme. However, from the year 2023 to till date, 20 new universities were added, bringing the total to 38, which includes prestigious institutions like National Law Universities and Indian Institutes of Technology. By providing ?nancial and institutional support, the scheme enables universities to conduct research, specialized training, awareness programs, and workshops. This scheme encourages collaboration between academia and government, ensuring that IP- related research leads to tangible societal bene?ts. This holistic approach not only strengthens IP education but also aligns academic outputs with national IP policy goals, contributing to India's vision of becoming an innovation-driven economy.

iii. Modernisation & Digitisation of IP o?ces - IP o?ce has been modernized and work?ow processes have been streamlined. Virtual hearings facility has been extended to all wings including Trademark and Copyright for faster disposal of applications. AI and ML based Search Technology has also been introduced in Trade Marks. IP Saarthi Chatbo t has been designed to provide instant support and guidance to the users on the IP registration/ grant processes.

iv. The National Intellectual Property Awards are conferred annually in 13 categories, including Best Police Unit (District/Zone in a Commissionerate), Cyber Cell, and Customs O?ce, based on criteria such as FIRs ?led, charge sheets, convictions, raids conducted, and the value of seized materials, one more step to recognize and encourage effective IP enforcement in India.

v. Compliance Reductions - Patents (Amendment) Rules, 2024 were noti?ed to simplify patent acquisition. Certi?cate of Inventorship was introduced to recognize inventors. Other changes included giving a Grace period for claiming patent protection, simplifying Form 3/ Form 27 compliance. Vide Trademark Rules amendment in 2017, the number of ?ling forms have been reduced and simpli?ed from around 75 forms down to 8 forms.

vi. WIPO's Technology and Innovation Support Center (TISC) program, play a key role in advancing R&D and IP commercialization by providing innovators and entrepreneurs in India with services to protect and leverage intellectual property. Department has established 34 Technology and Innovation Support Centers (TISC) across country in various Universities, Academic Institutions and State Councils for Science &Technology. Their activities include o?ering access to patent databases, guidance on IP management, and support for IP valuation and licensing. TISCs also connect IP creators with potential investors and market opportunities, facilitating the commercialization of innovations.

vii. Fee reductions: In order to enhance the IP ecosystem, fee rebates have been given to startups to encourage them protect their IP. Up to 80% fee rebate in patents, 50% in trademarks, and 75% in designs is being given to startups and small entities.

Measures have been undertaken to safeguard sensitive information about IP applications. Under the provisions of the Patents Act, a patent application is not made open to the public for eighteen months from the ?ling date or the priority date, unless the applicant submits a request for early publication. Additionally, the application, speci?cation, and other related documents are not referred to the examiner for examination until the application is published. Designs are published only after registration.

Further, the Government has taken measures to ensure the safety and security of IP applications related data. All data has been securely uploaded to the cloud, providing better protection against data loss and preventing unauthorized data access.

This information has been provided by the Union Minister for State for Commerce and Industry, Jitin Prasada in a written reply in the Lok Sabha yesterday.

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