Global Symposium of Intellectual Property Authorities Developing Global Intellectual Property Infrastructure : September, , Geneva Indian Intellectual Property Infrastructure Presentation by P.H.Kurian Controller-General of of Patents, Designs & Trademarks

Presentation Outline Indian IP System Pre-TRIPS Scenario Modernization of Indian IPO Major Achievements Current IP Practices Way forward

IPR Legislations in India 17th September 2009P.H.Kurian,CGPDTM India  Patents Act 1970 as amended in 2005  Industrial Designs Act-2000  Trade Marks Act 1999  Geographical Indication Act1999  All the above laws are administered by CGPDTM

IPR Legislations in India 17th September 2009P.H.Kurian,CGPDTM India  Copy Right Act 1957 as amended in 1999  Protection of Plant Varieties & Farmers’ Rights Act 2001  The Biological Diversity Act,2002  All IPR Laws are fully TRIPS compliant

Pre-TRIPS Scenario Weak infrastructure Inadequate manpower Low international exposure Low filing of IP applications Manual operations Slow processing Lack of awareness

Modernization Plan-I The First phase US $ 34 million started in 2002 which included Construction of IP Buildings at four places Computerization Digitization of IP Records Human Resource Development Awareness creation Upgradation of Library Facilities

Modernization Plan-II The Second Phase US$ 80 million began in 2008 which include: Complete automation of IP Offices Further capacity Building Online processing and services Database augmentation Adoption of Global best practices Increased transparency

Major Achievements ( )  Computerization of IP- procedures  Re- engineering of IP procedures for IT enabled processing  Expert Technical Manpower augmented  Digitization of IP Records  Online publication of IP Data  World class physical Infrastructure in place

Major Achievements ( )  International database acquired for IP search  Online public search facilities on Indian patent database  Online filing of patent and Trademarks applications (

Major Achievements ( ) E-records maintenance System Indian Patent Office recognised as ISA/IPEA and to be operational by 2010 PCT minimum required database acquired Training of IPO officials on recent developments in IP at home and abroad Bilateral Cooperation Agreements with 8 countries namely Australia, USA, UK, Germany, Japan, France, EPO and Switzerland to promote innovation, IP and foster Cooperation

Major Achievements ( ) National Awareness Campaign conducted on IP for stakeholders Greater accountability, Improved Productivity and Transparency in IP- Administration National Institute of Intellectual Property Management set up at Nagpur About 450 additional power created Recruitment ongoing and will be in position in 2010

TIME FRAME FOR IPR GRANT PATENTS 8 months minimum 36 months average DESIGNS 6 Months (statutory) TRADE MARKS 8 months minimum 12 Months average GI About 18 months

Current IP Practices Classification – Patent International Patent classification – Design-Locarno classification – Trademarks-NICE and Vienna Processing of IP applications – Electronic Database – Indian and other acquired database – Traditional knowledge database created and in use

Way forward…..

Future Plan Exchange of Indian database with other IP Office Integrated Indian search system Sharing of TKDL (Already shared with EPO) More bilateral treaties IP practice manuals Quality Management System IP information dissemination system Adoption of Madrid protocol and Hague System

August 9, 2015K.S.Kardam Website