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14/02/2019 - Intellectual property

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February 14, 2019

Though International Intellectual property index acknowledged appreciable improvement in India’s IP regime, problematic areas persist in it. Elaborate (200 Words)

Refer - Business Standard

Enrich the answer from other sources, if the question demands.

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IAS Parliament 6 years

KEY POINTS

Reasons for improvement India’s IP regime

·        Accession to IPR-related international treaties, Eg: India accession to WIPO Performances and phonograms treaty.

·        Consent to initiate a Patent Prosecution Highway (is a set of initiatives for providing accelerated patent prosecution procedures by sharing information between some patent offices) with international offices.

·        Dedicated set of IP incentives for small business enterprises. Eg: Geographical Indication Tags given to Alphonse Mangoes, Nilambur teak etc.

·        A strong awareness-raising effort on the negative impact of piracy and counterfeiting. Eg: Mascot IP Nani, by Ministry of Commerce and Industry, is a tech-savvy grandmother who helps the government and enforcement agencies in combating IP crimes.

Problematic areas of IP regime in India 

·        A Patent law for “compulsory licensing” to allow commercial production of a patented product in public or national interest, obstacle for inventor, defeating the commercial intent.

·        An unambiguous definition of patentability that denies extension (read ever-greening) of a patent on trivial grounds.

·        Barriers to licensing and technology transfer, limited framework for safeguarding bio-pharmaceutical IPRs and lengthy procedure for pre-grant opposition to patents.

·        Guidelines for Examination of Patent Applications for Computer Related Inventions (CRIs) issued  were withdrawn and re-issued in a non-transparent fashion, making most software inventions ineligible for patent protection. 

Indian patent office loses its officers, who are mostly qualified engineers and PhDs in respective disciplines to the private sector 

MURALIDHARAN 6 years

Kindly review!!!...

IAS Parliament 6 years

Try to mention the schemes and initiatives taken by Government for promoting IP regime in India Eg: IP Nani initiative. Keep Writing.

Sandeep 6 years

Kindly review thanks

IAS Parliament 6 years

Include about India’s Accession to WIPO Phonograms treaty recently, IP Nani initiative. Keep Writing.