RECENT NEWS /EVENTS

RECENT NEWS /EVENTS

India on stronger footing to resist IPR framework at RCEP

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NEW DELHI, FEBRUARY 23:  

India will be on a stronger wicket to oppose the stringent IPR framework being pushed by some members at the next negotiating round of the Regional Comprehensive Economic Partnership (RCEP) in Kobe, Japan, following the collapse of the US-led Trans Pacific Partnership (TPP) it was modeled on.

“There will be a sense of urgency among RCEP members in Kobe next week to complete the round soon with the failure of the TPP, but the pressure will be relatively less on India to give its consent to the draft IPR agreement, for the same reason,” an official told BusinessLine.

The RCEP is being negotiated by the 10-member ASEAN bloc and its six free trade partners — India, China, South Korea, Japan, Australia and New Zealand.

Packed agenda

The February 27- March 3 Kobe meet will have separate negotiating sessions for goods, services, investments, as well as talks on other areas such as rules of origin and IP.

With seven of the 16 countries also members of the TPP, some members such as Japan were trying to make the RCEP deal as ambitious as the TPP, especially in areas such as IPR (intellectual property rights). The TPP, however, has collapsed with the Donald Trump regime in the US pulling out of it. “New Delhi has already registered its unhappiness with the draft IPR agreement modeled on the TPP, as it feels that provisions such as patent term extension and data exclusivity could affect the supply of cheap generics in the country. Such provisions also go beyond the WTO’s TRIPS pact,” the official added.

Civil society organizations such as Médecins Sans Frontières (MSF) have also petitioned Japan and South Korea to withdraw their “harmful proposals’’, which will restrict people’s access to affordable generic medicines.

“The negotiators must protect public health safeguards that enable developing countries like India to keep supplying the life-saving affordable medicines needed to treat millions of people worldwide,” said Leena Menghaney, Head-South Asia, MSF Access Campaign.

The RCEP, if implemented, could create the world’s largest trade bloc, with $22.5 trillion in GDP (30 per cent of world GDP) and a population of over 3.5 billion.

There is pressure on India to improve its market access in goods to bring it at par with the offer of tariff elimination on over 80 per cent of items extended to ASEAN. New Delhi has offered the least access to China, Australia and New Zealand (42.5 per cent).

India has insisted that it will not give higher market access in goods till it receives meaningful offers in services in terms of more access for its professionals and workers.

Source: http://www.thehindubusinessline.com/economy/india-on-stronger-footing-to-resist-ipr-framework-at-rcep/article9557719.ece?ref=relatedNews

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US places India yet again on IPR ‘priority watch’ list

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NEW DELHI, APRIL 28:  

Expressing its disappointment with India for not making adequate changes in its IP laws and regulations despite announcing its National IPR policy last year, the US Trade Representative’s (USTR) office has once again placed the country on the ‘priority watch’ list in this year’s edition of the Special 301 report.

“Almost a year after the announcement of its long-anticipated National IPR Policy, India continues to dismiss the need for substantive changes to its IP laws and regulations. This is disappointing at best and distracts from some of the more positive steps found in the IPR policy,” says the report, released on Friday.

New Delhi, however, maintains that its IPR laws are in total compliance with the global IP agreement TRIPS and no country had the right to say otherwise.

Commerce & Industry Minister Nirmala Sitharaman, at a world IP day event on Thursday, emphasized that the country’s IPR legislation was totally TRIPS compliant and it did not have to “give explanations’’ to any other country.

Being placed on the ‘priority watch’ list means that India continues to figure among countries that the USTR feels have “serious intellectual property rights deficiencies” and do not give adequate protection to American companies.

While the US does not threaten action against countries on the ‘priority watch list’, US laws say that retaliatory measures may be taken if a country slips further and is listed as a priority country — which is the worst categorisation.

“We neither recognize nor feel threatened by such internal reports brought out by a particular country. There is no way a country can get away by taking unilateral action against us as we will complain to the World Trade Organization, which prohibits such measures,” a government official told BusinessLine.

The US 301 report further said that the US will continue to encourage the Indian government to address the biggest gaps in its IP protections, including “uncertainties and challenges in the patent system (with particular regard for computer-related inventions (CRI) and Section 3(d) of the Patent Act), the need to modernise copyright laws, and the need for regulatory data protections.”

India has already told the US that it will not drop Section 3 (d) of its patent Act, which denies patents on items that are not significantly different from their older versions.

Source: http://www.thehindubusinessline.com/economy/us-places-india-yet-again-on-ipr-priority-watch-list/article9670459.ece?ref=relatedNews

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DIPP kicks off intellectual property rights awareness campaign in schools

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NEW DELHI, APRIL 25:  

The Department of Industrial Policy & Promotion (DIPP) has kicked off its Intellectual Property Rights (IPR) awareness campaign for schools by introducing the initiative at Kendriya Vidyalaya, RK Puram, New Delhi. The Cell for IPR Promotion and Management in collaboration with the International Trademark Association has designed the program for school children to teach them to be innovative and respect IPR from a young age, according to an official release.

“Outreach and promotion is the first and foremost objective of the National IPR Policy and is critical to shaping an IP environment that is conducive to fostering creativity and innovation in the country. One of the key focus areas is children in schools, as it is essential to nurture creativity and the ability to innovate from a young age, according to Rajiv Aggarwal, Joint Secretary, DIPP. A streamlined system is being worked out to conduct over 3,500 awareness programs in schools, universities and the industry across the country.

Source: http://www.thehindubusinessline.com/news/education/dipp-kicks-off-intellectual-property-rights-awareness-campaign-in-schools/article9663439.ece

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4th Indo-European Conference on Patents and ICT: Industry 4.0 and its impact on the patent system

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Munich, 9 December 2016

Mr Raimund Lutz, Vice President of the European Patent Office (EPO), and Dr Debashis Dutta, Group Coordinator of the Ministry of Electronics and Information Technology (MeitY), and Mr Sugandh Rajaram, Consul General of India in Munich, inaugurated the 4th Indo-European Conference on Patents and ICT, which held on 9th December 2016 at the EPO’s headquarters in Munich. The objective of this year’s conference was to explore the opportunities and challenges generated by Industry 4.0 for the patent systems in Europe and India with a view to fostering a common understanding of, and approach to, future developments. 

The conference held a special relevance as under the German presidency of the G20 in 2017 industry 4.0 has been identified as a key topic and European ICT industry has sought to play a leading role in shaping future developments in this field. Hence, more than 200 stakeholders from Europe and India exchanged information and views on the latest developments with a special focus on the expected interaction between Industry 4.0 and the patent system. The respective practices in the field of software-related inventions were subjected to comparison, and industry and policy-makers shared their perspectives on the exchange of best practices in patents and standards. The conference discussed pertinent patent-related issues faced by the ICT industry both in Europe and in India. 

On this occasion, the EPO and MeitY also announced the launch of an Indo-European IPR Collaboration Portal in the coming weeks, which will facilitate the registration, protection, and commercialisation of IPRs in the respective jurisdictions, particularly by SMEs, start-ups, universities, single inventors, etc.  

At the sidelines of the conference, the EPO and MeitY organised a round-table for users and industry, which was held on 8 December 2016. Both parties presented the latest results of their bilateral co-operation such as the creation of a virtual EPO-India helpdesk for innovators from both regions, the above-mentioned Indo-European IPR Collaboration Portal, the establishment of a wide network of master trainers in India trained on the European patent system and the use of EPO patent information tools, and increased awareness among Indian stakeholders of the EPO procedures and practice in respect of Computer implemented inventions (CII). European and Indian industry expressed their satisfaction with the bilateral co-operation of the EPO and MeitY, and provided valuable proposals and input for the conceptualisation of new co-operation projects under the bilateral umbrella. Aligning the respective practices and improving consistency and predictability in the examination and grating of software-related patents in India was the foremost request from industry. Improved access to patent information from India, particularly legal status data, came close behind.

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If IPR owner is abroad, its transfer cannot be taxed in India: Delhi HC

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The Delhi high court ruled that transfer of intellectual property rights (IPR) whose owners are not based in India could not be taxed in the country

Last Modified: Tue, Jul 26 2016. 06 24 PM IST

New Delhi: In a significant decision, the Delhi high court on Monday ruled that transfer of intangible assets like intellectual property whose owners were not based in India could not be taxed in the country.

In what would benefit Foster’s Australia, the petitioner (now known as CUB Pty), the high court overturned a decision of the Authority of Advance ruling which said that such transfer would mean that income accrued in India.

A two-judge bench comprising justices Badar Durrez Ahmed and Sanjeev Sachdeva said that the legislature, while clarifying what would mean capital assets, refers to shares and derivatives, but excludes intellectual property.

Sourcehttp://www.livemint.com/Companies/SFk8J7rYF5ep6ewl2jmDCN/If-IPR-owner-is-abroad-its-transfer-cannot-be-taxed-in-Indi.html

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Ease of Doing Biz: Startups can now take care of their IPR assets without bureaucratic red tape

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By PTI | Jul 23, 2016, 05.53 PM IST

NEW DELHI: To improve ease of doing business, Commerce and Industry Minister Nirmala Sitharaman today said a start-up would now need only a certificate of recognition from the government to avail IPR-related benefits. 

Earlier, a budding entrepreneur had to go through an elaborate process of approaching an inter-ministerial board to procure the Intellectual Property Rights (IPR) benefits. 

"A start-up would now require only a certificate of recognition from the Department .. 

Sourcehttp://economictimes.indiatimes.com/articleshow/53353248.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

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Start-ups Now Need Only A DIPP Certificate For IPR Benefits: Nirmala Sitharaman

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To improve ease of doing business, commerce and industry minister Nirmala Sitharaman has said a start-up would now need only a certificate of recognition from the government to avail Intellectual Property Rights-related benefits

To improve ease of doing business, commerce and industry minister Nirmala Sitharaman on Saturday (23 July) said a start-up would now need only a certificate of recognition from the government to avail Intellectual Property Rights (IPR)-related benefits.

Earlier, an entrepreneur had to go through an elaborate process of approaching an inter-ministerial board to procure the IPR benefits…

Sourcehttp://businessworld.in/article/Start-ups-Now-Need-Only-A-DIPP-Certificate-For-IPR-Benefits-Nirmala-Sitharaman/23-07-2016-100759/

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UGC to varsities: Offer study of IPR as elective subject

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UGC secretary Jaspal S Sandhu said that creations of mind such as inventions, designs for industrial articles, literary, artistic work, symbols, names and images etc are protected by lntellectual Property rights

By: express webdesk | New Delhi | Published:July 18, 2016 3:11 pm

Emphasising on importance of Intellectual Property Rights (IPR), the University Grants Commission (UGC) has asked varsities to offer it as a generic elective subject under the Choice Based Credit System.

In a letter to universities, UGC secretary Jaspal S Sandhu said that creations of mind such as inventions, designs for industrial articles, literary, artistic work, symbols, names and images etc are protected by lntellectual Property rights.

The importance of IPR was first recognised in Paris Convention for the Protection of Industrial Property (1883) and the Berne Convention for Protection of Literary and Artistic Work (1886), the UGC official’s letter said…

Sourcehttp://indianexpress.com/article/education/ugc-to-varsities-offer-study-of-ipr-as-elective-subject/

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Samsung granted patent for vertical wireless charger that can charge two devices simultaneously

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Posted: 26 Jul 2016, 08:08, by Milen Y.

A Samsung patent for a wireless charging device surfaced last week at the U.S. Patent & Trademark Office (USPTO). The patent describes what seems to be an evolution in wireless charging pads design – a unit that can charge multiple devices at the same time – going over three basic builds, which are for illustrative purposes only, and should not be taken as an indication as to what exactly the final product might end up looking like….

Sourcehttp://www.phonearena.com/news/Samsung-granted-patent-for-vertical-wireless-charger-that-can-charge-two-devices-simultaneously_id83534

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Patent office caps fast-track requests

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BUSINESS » INDUSTRY

NEW DELHI, June 18, 2016

Updated: June 18, 2016 23:25 IST 

The government, which opened a ‘tatkal’ window to expedite examination of patent applications in the backdrop of 2.37 lakh pending patent applications, has now set a limit on applications that it will consider under the fast-track clearance mechanism….

Sourcehttp://www.thehindu.com/business/Industry/patent-office-caps-fasttrack-requests/article8746303.ece

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