National Conference on IPR: Intellectual Property as a strategic tool for Startups and Innovators in IT and Electronics sector

PHD House, New Delhi 4th May 2017

 

National Conference on IPR: Intellectual Property as a strategic tool for Startups and Innovators in IT and Electronics sector held on 4th May 2017 at PHD House, New Delhi. We would like to thank the Ministry of Electronics and Information Technology (MeitY), Government of India for providing their valuable support to this programme. The Conference was very well received with the government, industry and the academia.

 

Intellectual Property Rights (IPR) in India 

Intellectual Property Rights (IPRs) are the territorial rights which have a fixed term and can be renewed after a stipulated time as specified in the law by way of making payment towards official fees. Unlike other moveable and immoveable properties, these rights can be separately held in many countries at the same time. The 21st century can be referred to as the century of technology and knowledge. The country's ability to translate knowledge into innovation to gain wealth will determine its future. Thus, the innovation is supposed to be the key to create knowledge into wealth. Intellectual Property Rights (IPR) in India. With the new government led by Hon’ble Prime Minister Shri Narendra Modi, India has seen increasing IP awareness, growth and reforms aimed at strengthening the IP rights regime. The Government of India has been consistently trying to revamp IP policies in India. Even the Indian IP Office has been upgrading IP records and making efforts to bring about transparency in its procedures. Trademark filing in India has seen an increase of 2.98% as compared to the previous year's numbers. Also with respect to design filing, the Report witnessed an increase of 2.35% as compared to the previous year. The rise in Indian economy is a clear impact of Intellectual Property (IP) influence in the country. 

IPR awareness for Startups

Innovations in various sectors led to increase in IP creativity in various sectors. Today, the rate of innovation and generation in technology has become very fast, the rate of obsolescence of technology has also become very rapid. Therefore, the rate of mortality of startup companies is also on the rise. For startups, IP is crucial in drawing investments, doing business and helpful in their long term survival. Besides equipped with marketing strategies & possession of a valuable technology, the survival of a new tech companies require protection of technology against immediate imitation by others through effective IP management. Hence, Startups need to be aware of the importance of IP protection and IP as a tool in Strategic Business Management.

 

Challenges related to IPR in India 

 

  • The biggest challenge is increasing no. of patents generated from India. The patent filing by domestic Indian inventors remains abysmally low. As per the latest Research and Development Statistics published by the Ministry of Science and Technology for 2010-11, a total of 39,400 patent applications were filed in India, out of which only 8,312 were from Indian nationals and the rest 31,088 were from abroad.
  • Another challenge related to IPR in India is that the rights and obligations have already been defined in the respective laws. Therefore, the policy space to manoeuvre is limited and the policy addresses mainly the administrative measures in implementing the laws. 

 

The rise in Indian economy is a clear impact of Intellectual Property (IP) influence in the country. We as an industry chamber believe after ‘Startup India’ and ‘Make in India’, India now needs to protect the ‘Creative India: Innovative India’ by simply registering everything that we create.

 

HIGHLIGHTS OF THE CONFERENCE

Inaugural Session

 

  • Dr. A K Garg, Director and HOD – International Cooperation and Bilateral Trade and IPR Division, Ministry of Electronics and IT (MeitY), Government of India 
  • Mr. Pravin Anand, Managing Partner, Anand and Anand
  • Dr. S K Murthy, Patent Counsel, Intel India
  • Mr. Ashok Tiwari, Chairman, Committee on ICT and Electronics, PHD Chamber
  • Mr. Vivek, Seigell, Director, PHD Chamber

Technical Session 

Chairman of the Plenary Session

 

  • Dr. H Purushotham, Chairman & Managing Director, NRDC, Ministry of Science & Technology, Govt. of India 

Other Eminent Speakers

 

    • Mr. Anil Kumar, Senior Consultant, LexOrbis Consulting Pvt. Ltd. 
    • Ms. Lakshika Joshi, Head IPR, Nucleus Software
    • Mr. Jitendra Sharma, AM Legal IP/IT, MetLife 
    • Ms. Ankita Tyagi, IP Manager, European Business and Technology Centre 
    • Ms. Palak Bhatia, Advisor, Start Up India, Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Govt. of India 

 

Inaugural Session

PHD Chamber of Commerce band Industry in association with Ministry of Electronics and Information Technology (MeitY), Government of India organized a National Conference on Intellectual property as a Strategic tool for Startups and Innovators in ICT and Electronics sector on 4th May 2017 at PHD House, New Delhi.

The objective of the conference was to discuss how MSME, Start ups and Innovators in Electronics and ICT Sector can strategize the use of Intellectual Property Rights as a strategic management tool for growth and longevity of their businesses.

 

Inaugural Session

 

Left to Right:-  Dr. S. K. Murthy, Patent Counsel, Intel India, Mr. Vivek Seigell, Director, PHD Chamber; Mr. Pravin Anand, Managing Partner, Anand and Anand, Dr. A K Garg, Director and HOD – International Cooperation and Bilateral Trade and IPR Division, Ministry of Electronics and IT (MeitY), Government of India and Mr. Ashok Tiwari, Chairman, Committee On ICT and Electronics, PHD Chamber and Mr. Subhashish Gaur, Deputy Secretary, PHD Chamber during the Inaugural Session

Mr. Ashok Tiwari, Chairman, ICT and Electronics Committee, PHD Chamber

Mr. Ashok Tiwari, Chairman, ICT and Electronics Committee, PHD Chamber

 

Caption (extreme right): Mr. Ashok Tiwari giving the Welcome Address at the Inaugural Session

Mr. Ashok Tiwari, Chairman, ICT and Electronics Committee, PHD Chamber in his welcome address said that the 21st century can be referred to as the century of technology and knowledge. He said that a country's ability to translate knowledge into innovation to gain wealth will determine its future. He added that the new government led by Hon’ble Prime Minister Shri Narendra Modi has seen increasing IP awareness, growth and reforms aimed at strengthening the IP rights regime and mentioned that the Government since its inception has been consistently trying to revamp IP policies in India.

Mr. Vivek Seigell, Director, PHD Chamber

Mr. Vivek Seigell, Director, PHD Chamber

Caption: Mr. Vivek Seigell, Director, PHD Chamber giving the Theme Address at the Inaugural Session

 

Mr. Vivek Seigell, Director, PHD Chamber in his theme address mentioned that Indian Information Technology – Information Technology-Enabled Services (IT-ITES) industry has continued to perform its role as the most consistent growth driver for the National Economy. He added that IP plays a crucial role in innovation intensive industries like ICT and Electronics industry. IPR provides a fence around such technological innovations.

Mr. Seigell mentioned that there is a need for these sectors to transform their ideas, innovation and assets into financial tools to increase the commercial value of the company and to expand their business across the Globe. He said that Intellectual Property System today is being seen as a valuable strategic and a financial asset and is playing the vital role in business success of any organization.

Dr. S. K. Murthy, Patent Counsel, Intel India

Dr. S. K. Murthy, Patent Counsel, Intel India

Caption (extreme right): Dr. S. K. Murthy, Patent Counsel, Intel India addressing during the Inaugural Session

Dr. S. K. Murthy, Patent Counsel, Intel India while addressing the Inaugural Session stressed on the need for a very well balanced IP ecosystem in the country. He mentioned that a lot of good things have taken place in the Indian IP ecosystem with the advent of National IPR Policy 2016 launched by the Government of India.

Dr. Murthy added that according to the framework of the policy, no. of patent examiners are going to go up which is a great step as the no. of pending grant of patents would come down from 6-7 years to 3 years. He further explained that according to new rules time for putting a patent application from the date of 1st examination report was 12 months which has been brought down to 6 months.

Dr. Murthy suggested that the Government must revise the CRI guidelines as they have not brought clarity to the system. He in particular mentioned that the government should do away with the clause of ‘novelty in hardware’ for software to get patented. Dr. Murthy suggested that the government must also work out a damages law for the country.

 

Dr. S K Murthy said that over 2, 50,000 standard essential parts are embodied in one smartphone which is humungous compared to patents filed in other industries and added that Intel has more than 60,000 patent assets.

Mr. Pravin Anand, Managing Partner, Anand and Anand

Mr. Pravin Anand, Managing Partner, Anand and Anand

 

Caption (extreme right): Mr. Pravin Anand, Managing Partner, Anand and Anand addressing during the Inaugural Session

Mr. Pravin Anand, Managing Partner, Anand and Anand mentioned that internationally ‘Brexit’ has been an issue which has impacted the Intellectual Property Rights. He added that patent filing in recent times have been dominated by Robotics, Artificial Intelligence, Internet of Things (IoT) and Renewable Energy.

Mr. Anand mentioned that there are 3 kinds of universal trends which appear in Intellectual Property Systems in the world:

a) How to protect people who create things

b) How can Piracy and Counterfeiting be controlled/ brought down

c) How Public Interest issues be protected.

Mr. Pravin Anand cited that China crossed over 1.1 million innovator patents out of which 85% of the patents are applied by Chinese companies.

Mr. Anand complimented the Government for bringing the National IPR Policy which has been beneficial especially for start-ups in the form of reduction in patent filing fee, tax rebates as well as provision of facilitators for filing of trademarks and patents.

Apart from this he also mentioned that Government of India was focused on recruitment of patent examiners with 750 patent examiners to be recruited along with 1500 patent agents.

Mr. Pravin Anand suggested the Government to make a target for filing patents in a year which will help create buzz around the industry and must set a target of around 2,00,000 patents. He also suggested doing away with the Section 3K of Patents Act

 

and asked the Government to review its policy.

Dr. A K Garg, Director and HOD – International Cooperation and Bilateral Trade and IPR Division, Ministry of Electronics and IT (MeitY), Government of India

Dr. A K Garg, Director and HOD IPR Division,MeitY,

 

 

Caption: Dr. A. K. Garg, Director and HOD – International Cooperation and Bilateral Trade and IPR Division, Ministry of Electronics and IT (MeitY), Government of India being welcomed.

Dr. A. K. Garg, Director and HOD IPR Division,MeitY

Caption (extreme right): Dr. A. K. Garg, Director and HOD – International Cooperation and Bilateral Trade and IPR Division, Ministry of Electronics and IT (MeitY), Government of India

Dr. A. K. Garg said over the past 3 years, we have a policy domain in place which is more inclusive where government, industry and citizen are working towards a goal of making India a better place.

Dr. Garg mentioned that initially IPR was not considered very important in India as economic growth was centred on finding solutions to common things by getting technology across borders and implementing them for providing basic needs to citizens. Due to ICT sector witnessing exponential growth in India, a plethora of technology oriented startups have emerged. He added that 4 startups are born in India everyday of which 80% are from the ICT sector.

Dr. Garg said that digitalisation is creating an impact on everyone‘s life as citizen services are becoming more technology driven as mandated by ‘Digital India’ programme of the Government of India. He cited the example of Aadhaar as a digital identity for the citizens and empowers the citizens by connecting various services through technology.

Dr. Garg stressed that the technology change in Information Technology is rapid and is bringing cross border challenges and impact which Trade Related Aspects of Intellectual Property Rights (TRIPS) cannot handle.

Dr. A. K. Garg, Director and HOD IPR Division,MeitY

Caption (right): Dr. A. K. Garg, Director and HOD – International Cooperation and Bilateral Trade and IPR Division, Ministry of Electronics and IT (MeitY), Government of India answering queries of delegates during Inaugural Session

Dr. A K Garg highlighted that the no. of patents filed must not be the only criteria to judge a country’s performance and focus should also be on filing of quality patents. Dr. Garg said that many countries across the world file patents in large numbers because their intention is to protect their internal markets.

He added that an Intellectual Property has no relevance until it creates a commercial value and believed that only a rightful patent which has got high chances of getting cleared should be filed.

Dr. Garg mentioned that Ministry of Electronics and Information Technology (MeitY), Government of India gives support to small companies which would like to file patents by giving 50% of the grant through SIP(Support for International Patent Protection) scheme.

Dr. A. K. Garg concluded by saying that it is heartening to see industry changing where technology is seen as a tool to grow and not a tool to use only.

Plenary Session

Plenary Session

 

Left to right: Ms. Palak Bhatia, Advisor, Start-Up India, Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Govt. of India; Ms. Ankita Tyagi, IP Manager, European Business and Technology Centre; Ms. Lakshika Joshi, Head IPR, Nucleus Software; Dr. H Purushotham, Chairman & Managing Director, National Research Development Corporation (NRDC), Ministry of Science & Technology, Govt. of India; Mr. Vivek Seigell, Director, PHD Chamber; Mr. Anil Kumar, Senior Consultant, LexOrbis Consulting Pvt. Ltd. and Mr. Jitendra Sharma, AM Legal IP/IT, MetLife

The Plenary Session of the Conference was chaired by Dr. H Purushotham, Chairman & Managing Director, National Research Development Corporation (NRDC), Ministry of Science & Technology, Govt. of India. Other eminent speakers included Ms. Palak Bhatia, Advisor, Start-Up India, Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Govt. of India; Ms. Ankita Tyagi, IP Manager, European Business and Technology Centre; Ms. Lakshika Joshi, Head IPR, Nucleus Software; Mr. Anil Kumar, Senior Consultant, LexOrbis Consulting Pvt. Ltd. and Mr. Jitendra Sharma, Assistant Manager - Legal IP/IT, MetLife.

Dr. H Purushotham, Chairman & Managing Director, National Research Development Corporation (NRDC), Ministry of Science & Technology, Govt. of India

Dr. H Purushotham Chairman & Managing Director NRDC

Caption (extreme right): Dr. H Purushotham, Chairman & Managing Director, National Research Development Corporation (NRDC), Ministry of Science & Technology, Govt. of India. Addressing the Plenary Session

Dr. H Purushotham, Chairman & Managing Director, National Research Development Corporation (NRDC), Ministry of Science & Technology, Govt. of India in his presentation gave a SWOT analysis for IPR for start-ups.

He mentioned that NRDC is recognized as a government agency by DIPP, for issuing letter of recommendation to Start-ups.He added that NRDC was a house of technology transfer which licensed over 4900 technologies and provided support for Regulatory Approvals, Marketing, Skill Development, incubation Services among other activities for providing maximum benefit.

Dr. Purushotham mentioned that NRDC was also actively involved in assisting Inter-Ministerial Board of DIPP as well as government facilitator for implementing Start-ups intellectual property protection (SIPP) scheme.

Ms. Lakshika Joshi, Head- IPR, Nucleus Software

Ms. Lakshika Joshi, Head- IPR, Nucleus Software

Caption (extreme right): Ms. Lakshika Joshi, Head- IPR, Nucleus Software addressing the Plenary Session

Ms. Lakshika Joshi, Head IPR, Nucleus Software gave an insight on possible strategies to be adopted for protection of incremental innovations. She explained through graph various stages of innovation and categorised types of innovation as Incremental, Breakthrough and Radical innovation. Ms Joshi added that an organisation’s focus should be to provide customised options to its customers and provide them benefit.

Mr. Anil Kumar, Senior Consultant, LexOrbis Consulting Pvt. Ltd

Mr. Anil Kumar, Senior Consultant, LexOrbis Consulting Pvt. Ltd

Caption (extreme right): Mr. Anil Kumar, Senior Consultant, LexOrbis Consulting Pvt. Ltd. addressing the Plenary Session

Mr. Anil Kumar, Senior Consultant, LexOrbis Consulting Pvt. Ltd. highlighted on Intellectual Property as a tool in Strategic Business Management for startups. He mentioned that startups need to be unique and offer something which no other company is offering in form of Patents, Registered Designs, Trademarks and Copyrights. Mr. Kumar said that the success of startups stems from bedrock of Intellectual Property. He also added that startups must strive for raising the entry barrier for entry level workforce.

Mr. Jitendra Sharma, Assistant Manager- Legal IP/IT, MetLife

Mr. Jitendra Sharma, Assistant Manager- Legal IP/IT, MetLife

Caption (extreme right): Mr. Jitendra Sharma, Assistant Manager- Legal IP/IT, MetLife. addressing the Plenary Session

Mr. Jitendra Sharma, Assistant Manager- Legal IP/IT, MetLife in his address in Plenary Session stressed on Copyrights and Trademark issues in the Digital Environment. He elaborated on types of infringement including cyber squatting and typo squatting, content infringement, Hacking/ Phishing among others and said that a start-up needs to be aware about these frauds. Mr. Sharma explained the types of copyrights and trademarks in the cyber worlds and rights protection mechanism.

Ms. Ankita Tyagi, IP Manager, European Business and Technology Centre (EBTC)

Ms. Ankita Tyagi, IP Manager, European Business and Technology Centre (EBTC)

Caption (extreme right): Ms. Ankita Tyagi, IP Manager, European Business and Technology Centre (EBTC) addressing the Plenary Session

Ms. Ankita Tyagi, IP Manager, European Business and Technology Centre (EBTC) addressed the Technical Session on India-EU IP Facilitation Forum. She said that EBTC facilitates Indo-European collaborations by supporting governments and private sector in India with in-depth knowledge and information of available technologies and frameworks for providing access to innovations and solutions created in European countries. She mentioned some of important aspects of India-EU IP Ecosystem are use of patents and patents information, building capacity as well as improving access to patent systems.

Ms. Palak Bhatia, Advisor, Start-Up India, Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Govt. of India

Ms. Palak Bhatia, Advisor DIPP

Caption (extreme right): Ms. Palak Bhatia, Advisor, Start-Up India, Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Govt. of India addressing the Plenary Session

Ms. Palak Bhatia, Advisor, Start-Up India, Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry, Govt. of India presented on the Startup Initiative launched by the Govt of India. In her address she mentioned that India is the 3rd largest startup nation in the world with 1400 newborn startups coming to existence every year majorly constituted in Delhi/ NCR and Bengaluru. Elaborating further she said Startup India programme includes support at three phases which are – Handholding (Providing Legal Support), Funding/ Incentives (Tax Exemptions) and Incubation (Academia, Competition and Events). Ms Bhatia said that Government had made industry friendly guidelines for promotion of start-ups and would make efforts to create further awareness especially in rural India.