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Current IP/Patent education scenario in India

Dr Gopakumar G NairThursday, December 15, 2016, 08:00 Hrs  [IST]

In early days of GATT-WTO transition and TRIPs accredition, the IP/Patent awareness creation and training amenities in India were very limited. The early pioneers such as IIPS (Institute of Intellectual Property Studies), Patent Gurukul, AIPS, were joined by GIIP (Global Institute of Intellectual Property), IPAI, Origin IP Academy, IIPTA and others. Banana IP, Bangalore has started a Corporate Training program in recent times. GPT INDIA is a distance learning mode IPR program by Ficci. Indian Law Institute based in Delhi has an e-learning portal. IP Facilitation Center, Pune (IPFACE) is actively operating from the Venture Center close to NCL Campus. IGNOU has been conducting a Post Graduate Certificate course in Patent Practice – which provides a basic understanding of the concepts. Anna University, Chennai is having ongoing IPR awareness creation programs. Many law colleges and law departments of universities in India have started certificate and diploma courses in IPR and patents. However, most of the academics are lacking in qualified and experienced faculties.

However, there have been, and continues to have, IP/Patent learning centres of excellence in India post-WTO/TRIPs. The quality of the faculties, programs, curriculum and case studies have improved over the years in these selected training centres and courses.

Residential programs RGNIIPM – Outstanding facilities
The most wallet-friendly (economic) and outstanding short term training program delivered with high frequency from RGNIIPM (Rajiv Gandhi National Institute of Intellectual Property Management), Nagpur. The link to RGNIIPM is available on the official website of the Government – i.e, www.ipindia.nic.in/rgniipm.htm. RGNIPPM conducts training programs on patents, trademarks, designs etc. at their Nagpur facility. They also conduct in-house training programs on corporate campuses with prior mutual agreement. RGNIIPM is located near Nagpur University and has many hotels and lodges around for trainees.

The website of ANUSANDHAN, Indian Science and Technology portal (www.anusandhan.net) provides a comprehensive list of IP diploma and certificate programs.

In-house and online university programs of excellence
Outstanding among online (semi-online or proximity) education for PG Diploma in Patent Law is available from NALSAR (Nalsar University of Law Department of Proximate Education, Hyderabad (www.nalsarpro.org). Dr.Vivekanandan is co-ordinating this excellent course.

National Law School of India University, Bangalore has a one year, PG Diploma in IPR course which is residential. Dr. T.Ramakrishna is the able mentor for this course in Bangalore.

Rajiv Gandhi School of Intellectual Property Law at IIT, Kharagpur has a dedicated LLB program in IPR, which is a three year course. They are also offering a one and a half year course on Diploma Program of Intellectual Property Law. These courses are residential at Kharagpur.

IGNOU (Indira Gandhi National Open University) conducts a three month awareness course on IPR at New Delhi Campus. IGNOU has a distance learning program being conducted by the Distance Learning Centre for IPR.

SRISTI (Society for Research and Initiatives for Sustainable Technologies and Institutions) at Ahmedabad, conducts six module based advanced course on management of IPR in agricultural sector.

Asian School of Cyber Laws, Pune Amity Law School, Delhi, Hyderabad University, Hyderabad, Bioinformatics Institute of India, all of them have ‘PG Diploma in IPR’ course.

WIPO Academy
For any beginner, seeking basic awareness of IPR followed by advanced courses on Patents or other specific IPRs, WIPO Academy offers an excellent online course platform. WIPO eLearning Center has a rich portfolio of online courses on IP.

The most popular among students is DL-001 Primer on IP and DL-101 General Course on IP. WIPO also provides distance learning course on Introduction to PCT (Patent Cooperation Treaty). There are 10 advanced courses offered by WIPO. Among them DL-301 (Patents), DL-318 (Patent Information Search), DL-320 (Basics of Patent Drafting) and DL-450 (Intellectual Property Management) are the most popular.

IPR /Patent training programs in US universities
Franklin Pierce (Law) University at Hew Hampshire has been most popular in USA for IP/Patent law studies. However, currently the following universities offer dedicated law degrees.

Of these Washington State University College of Law and Washington University School of Law are very popular with Indian students. Others are Michigan State University College of Law, American University, University of Pittsburgh, George Mason University, Golden Gate University, Boston University and many others.

European Patent Academy (https://www.epo.org/about-us/office/academy.html) also provides online training as well as onsite training such as the latest one in December 2016 at Vienna, Austria.However, Indian Universities and institutes are better for pharmacy students. Indian Patent case laws, opposition and revocation procedures etc. are best learned at dedicated Indian Patent law training institutes such as Patent Gurukul, GIIP, IIPS etc, which have contributed immensely to Patent literacy and proficiency in India.

While the international courses and online courses from overseas help to understand the basics of IPR & Patents and the course in law colleges and universities are largely academic in approach, it is the courses offered by patent practitioners, which provide practical and procedural guidelines and roadmap in the Indian context. Any course for patent proficiency in India need to be oriented to “patentability criteria” in India under the Patents Act, 1970 including the “inventions not patentable – what are not inventions” under Sec.3. The opposition procedures both under Pre-grant (which is unique to India) and Post-grant, as well as revocation/invalidation procedures are specifically important in the Indian context.

It is also worth mentioning here in the job opportunities and enhancement in job profile, for patent-proficient pharma/chem/bio students, graduates and post graduates. The most important contribution to the biodata of a pharmaceutical professional is the value - addition gained by patent proficiency in enabling them to understand the nuances of creative ideation (idea generation), innovation, patentability criteria, infringement of patents, patent non-infringement status, freedom to operate opinions, generation of working around options and patent regulatory linkages for IND, ANDA and other forms of regulatory submissions without inviting patent infringement suits. Patent-enabled candidates are better qualified and equipped for R&D jobs, since they understand and appreciate the roadmap better and can navigate through the mine fields of infringement better. Other than R&D, the job opportunities in IP (Intellectual Property) departments or IP cells of companies are also high.

Patent proficient professionals are very much in demand by law firms and boutique IP-Patent law firms and research support oriented law firms too. There are also better avenues and opportunities in teaching profession in colleges and universities where patents & innovations are taught either as part of the curriculum or in addition to the traditional syllabus.

There are two more major areas of opportunities. One is to work as a freelance patent practitioner or agent, in many cases even from home. Working with law firms also gives an option to work from home. The second important opportunity is to work with civil societies and NGOs. IP/Patent proficiency is essential to work in “policy” and “Advocacy” fields. On the national front, there are high demand for persons proficient in patents and intellectual property.         

(The author is CEO, Gopakumar Nair Associates)

 
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