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THE MINISTER OF COMMERCE & INDUSTRY
(SHRI PIYUSH GOYAL)
(a) to (g): A Statement is laid on the Table of the House.
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STATEMENT REFFERED TO IN REPLY TO LOK SABHA STARRED QUESTION NO.187 FOR ANSWER ON 4TH MARCH 2020.
(a): Yes Sir, the VIII edition of the International Intellectual Property Index (IIPI) has been released by U.S. Chamber of Commerce Global Innovation Policy Centre (GIPC), on February 5, 2020.
(b): In its VIII Edition, the International Intellectual Property Index (IIPI) has mapped the Intellectual Property Ecosystem in 53 Global economies. The index evaluates the Intellectual Property framework in each economy across 50 indicators.
(c): The VIII edition report places India at the 40th rank out of a total of 53 countries, as against 36 in 50 countries assessed last year. While India ranked the very last out of all the countries initially, it has improved its rank gradually, indicating a consistent improvement in India’s IPR regime according to the report. Other rankings like global innovation index also showcase India’s prowess in innovation and IP where India’s rank improved to 52 in 2019 as against 81 in 2015.
India’s ranking of IIPI for the last few years is as under:
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Edition Year India’s rank No. of countries
VIII 2020 40 53
VII 2019 36 50
VI 2018 44 50
V 2017 43 45
IV 2016 37 38
III 2015 29 30
II 2014 25 25
I 2012 11 11
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(d): India’s overall score has increased from 36.04 (16.22 out of 45) in the VII edition, to 38.46 (19.23 out of 50) in the VIII edition. India’s score on IP indicators improved from 16.22 (36.04%) to 19.23 in existing indicators which indicates improvement in India’s IP ecosystem. Three out of five indicators added recently are international treaties to which India has not become member; hence it has not been scored against them.
The report mentions that India has shown real improvement over the past few years. It has made a string of positive efforts which resulted in score increase because of stronger enforcement efforts and precedent-setting court cases involving copyright and trademark infringement. The report goes on to say that government of India strengthened civil enforcement measures and awarded substantive damages in IP infringement cases.
(e) to (g): India has a TRIPS compliant, robust, equitable and dynamic IPR regime. India has a well-established legislative, administrative and judicial framework to safeguard IPRs, which meets its international obligations while utilizing the flexibilities provided in the international regime to address its developmental concerns. Government of India undertakes various steps to strengthen the IPR regime in the country keeping in view our developmental needs. Some of such steps are:
1. Augmentation of Manpower to ensure that adequate number of examiners and controllers are available, thereby, reducing time taken in examination of patents from an average of 72 months in 2014-15 to around 36 months at present.
2. The facility of Expedited Examination has been provided for patent applications filed by Startups and for applications where the Applicant has selected Indian Patent office as ISA/IPEA for his PCT application. Recently, Expedited Examination system is extended for patent applications filed by small entities and other seven more categories of applicants. This provision can result in patent grant within a year, as compared to the period of few years required in case of normal examination route.
3. Initiatives for Startup India program: Startup applicants are provided substantial fee concession in respect of their IP applications. According to recent amendments in Patents and Trademarks rules, 80% fee concession is available for patent application and 50% for trademark application in filing and all subsequent procedures, as compared to large entity.
4. Business process re-engineering of the registration system has been taken-up by under-taking the following steps:
• Paperless electronic processing implemented in Patents and Trade Marks Registry.
• E- Filing of applications in Patents and Trademarks is available on 24x7 basis and has increased to more than 90 %.
• Video-conferencing: Hearing of contested cases in Patents is done through Video-conferencing from applicant’s place, thereby removing the requirement of visiting the Patent Office by the applicant.
• Online delivery of Certificates of Grant/Registration of Patent, Trademark and Designs in digital format implemented.
• SMS Alert: The facility has been launched to help the applicants to get alerts and updates regarding critical time-related events for patent processing so as to facilitate the applicants to submit response in time.
5. Dynamic Website and Information dissemination:
IPO website has been redesigned to improve contents and ease of access and make it more interactive, informative and easy to navigate. IP data on real-time basis is available in respect of filing and processing of Patents, Designs, Trade Marks and Geographical Indications. The website provides login-free Search facility for hassle-free dissemination of IP information to stakeholders.
6. Awareness in IPR: Department for Promotion of Industry and Internal Trade through Cell for IPR Promotion and Management (CIPAM) and in collaboration with the office of CGPDTM is regularly engaged in dissemination of information and knowledge to IP stakeholders by way of participation in awareness activities in IPR, conducted for schools, universities, industries, legal and enforcement agencies and other stakeholders in collaboration with industry Associations in the country. IPO officials regularly participate as resource persons in these programmes. The details of IPR Awareness workshops/ seminars conducted are as under:
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S. No. Particulars Achievements
2017-2018 2018-2019 2019-2020
1. Cell for IPR Promotion and Management (CIPAM) 78 653 300
2. IP training and sensitization programs for enforcement agencies and judiciary. 13 19 42
3. Controller General of Patents, Designs and Trade Marks (CGPDTM) 50 114 75
4. Rajiv Gandhi National Institute of Intellectual Property Management (RGNIIPM) 53 92 47
5. Ministry of Micro, Small & Medium Enterprises (MSME) 30 56 113
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7. India’s accession to WIPO implemented treaties:
The Government of India has accepted the proposal for India’s accession to the WIPO Copyright Treaty and WIPO Performers and Phonograms Treaty which extends the coverage of copyright to the internet and digital environment, and also the proposal for accession of India to the Nice, Vienna and Locarno Agreements which will help the Indian Intellectual Property Office to harmonize the classification systems for examination of trademark and design applications, in line with the classification systems followed globally. Both the treaties provide framework for creators and right owners to use technical tools to protect their works and safeguard information about their use.
There are several TRIPS plus components in the IIPI which India is not pursuing. As a result of the steps taken by India to improve its IP regime
• Period of examination of new Trademarks applications is reduced from 13 months in 2015-16 to less than 30 days presently. India now has among the fastest trademark examination globally.
• Trademark is registered in less than 7 months, if there are no office objections or opposition filed, as compared to 3-5 years required earlier.
• 11.25 lakh Trademark Registrations in just four and half years (2015 to 2019) as compared to 11 lakh Registrations during 75 Years (1940-2015).
• Patent Examination increased from 22631 in 2014-15 to 85426 by end of F.Y. 2018-19
• Time taken in examination of patents from an average of 72 months in 2014-15 to around 36 months at present.
• Grant of patents has increased from 5978 in 2014-15 to 15283 in 2018-19.
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