India has become the fastest growing Start-Up base worldwide and
stands third in the global Start-Ups ecosystem as per NASSCOM
Start-Up Ecosystem Report 2015. With more Start-Up ventures taking
shape, the ecosystem for establishing a successful a Start-Up is
not only competitive but also tough to survive. In this scenario,
novelty and innovation plays a pivotal role in attracting potential
clients and investors. Inventions and creativity generates valuable
intellectual property such as symbols, designs, content, marks,
patents and images which can be protected under various
legislations inter alia, Indian Copyright Act, 1957, Trade
Mark Act, 1999, The Patents Act, 1970 and Designs Act, 2000.
Consequently, proper implementation and enforcement of IP rights by
a Start-Up is imperative. IP protection not only provides security
against third-party infringements but also enhances the valuation
and attractiveness of a Start-Up to investors.
The Government of India's recently launched
'Start-Up India, Stand Up India Initiative'
focuses on the importance of IP Rights ("IPRs") with the
intent of making Start-Ups aware of this valuable but undervalued
resource. Pursuant to this, the Government recently announced the
scheme of Start-Up Intellectual Property Protection
("SIPP") for enabling Start-Ups to protect their
IPRs whereby the Government will facilitate filing of patents,
trademarks and designs by Start-Ups in the following manner:
Fast-tracking of Start-Up patent
applications in order to enable the Start-Up to realize the value
of its registered and protected IPRs;
Providing legal assistance to
Start-Ups through a panel of Facilitators in general advisory,
filing and prosecution of IP applications. The cost of such
facilitation shall also be borne by the Government;
Providing a rebate of 80% in the
statutory fee for filing of patent application.
For effective implementation of SIPP, Facilitators shall be
empanelled by the Controller General of Patent, Trademark and
Design ("CGPDTM"). The CGPDTM shall regulate conduct and
functions of empanelled Facilitators from time to time.
Who can be a Facilitator:
Any patent agent registered with the
Any trademark agent registered with
Any advocate entitled to practice law
and involved in filing and disposal of applications for patents,
trademarks and designs.
Functions of Facilitators:
Facilitators will be responsible for:
Providing general advisory on
different IPRs on a no charge basis.
Providing information on protecting
and promoting IPRs in other countries on a no charge basis.
Providing assistance in filing and
disposal of the IP applications related to patents, trademarks and
design under relevant Acts.
Drafting specifications for
inventions of Start-Ups.
Preparing and filing responses to
examinations reports and other queries, notices or letters by the
Appearing on behalf of Start-Ups at
hearings, contesting opposition and ensuring final disposal of the
The facilitator shall be paid directly by the Government through
the office of the CGPDTM.
The SIPP will be initially run on a pilot basis and will be
applicable for a term of one year from the date of launch of
Start-Up India campaign.
The SIPP provides a platform for Indian Start-Ups to come at par
with the existing players by fast tracking the valuation of their
IPRs with easy access to facilitators, professional advice and
minimization of cost of registration for protection of the IPRs.
However, there is a concern that various promising Start-Ups may be
left out of the benefits of SIPP just because they do not fall
within the ambit of definition of Start-Ups as envisaged by the
Government of India. Nevertheless, SIPP is another positive step by
the Government to promote innovation, resourcefulness and
realization of the untapped potential of otherwise cash strapped
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This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
An Invention Disclosure Form is the documentation of the invention. This is a means to document particulars of your invention and submitting it to the patent attorney who is filing your patent application.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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