The emergence of intellectual property (IP) through WTO & TRIPs to the forefront of international trade had taken India by surprise in the early 90's. The early set backs in negotiations in the Uruguay Rounds can undoubtedly be attributed to relatively poor understanding and appreciation of the nuances, pitfalls and potholes. If the lead negotiators were ill-equipped and ill-informed (compared to the recent excellent gains by Kamalnath and colleagues), what could one expect of the masses, including those of ordinary skill in the art?
Post 1995, it was evident that India had just a handful of experts on intellectual properties, especially patents. The listless participation, even by the majority, including industry, press and the law makers in the early (90's) years of the WTO/TRIPs regime, was evidently due to lack of understanding the importance of intellectual property in our lives in years to come.
It was, therefore, imperative that India needed to create IP/patent awareness among the public, especially among the technically and legally qualified skilled persons. Demystifying IP/patents was and continues to be extremely urgent and essential. To an extent, though not in an ideal sense, the 'international patenting' of neem, turmeric and even basmati (and lately 'yoga') have created some public interest and have stirred the hornet's nest, generating some lively debates.
Of late, the current state of pre-grant and post-grant oppositions has brought frivolous patenting in India under control. Consequently, the developing nations are looking at India for guidance in reviewing their patent laws. It is all the more interesting to note that the developed western countries are also looking at plugging the blatant abuses of the statutes for excessive private (corporate) gains.
All these could not have been possible unless the Indian government had not taken pro-active measures to create better awareness of IP/patent education and training in the country.
World Intellectual Property Organisation (WIPO) has, to a great extent, helped to create better understanding of intellectual properties (copyrights, patents, designs, trademarks, geographical indications, convention on biodiversity, plant breeder rights etc). WIPO jointly with the Ministries, especially the Department of Industrial Policy & Planning under the Ministry of Industry & Commerce, headed by Kamalnath (earlier by Murasoli Maran and Arun Shourie) have held several workshops and training programmes in India, which helped to create better awareness, apart from removing several myths and canards that were spread by ill-informed 'experts' in the early days of intellectual property rights (IPR).
WIPO has an excellent website and a world academy, which conducts many online and on campus IP programmes. The WIPO programmes that are currently going on include:
General courses:
■ DL-001 Primer on Intellectual Property
■ DL-101 General Course on Intellectual Property
Advanced courses:
■ DL-201E Copyright and Related Rights
■ DL-202E Electronic Commerce and Intellectual Property
■ DL-204E Biotechnology and Intellectual Property
One of the earliest serious initiatives was from SVKM (Shri Vile Parle Kelvani Mandal), who started Institute of Intellectual Property Studies (IIPS) for serious training in patent law and practice. The first few batches of these courses had excellent focus on practical aspects of patenting. IIPS also started IP diploma programmes, which gained popularity over the years.
In yet another move, Margi Patel-Choksi, who left IIPS, started Academy of Intellectual Property Studies (AIPS). AIPS is having a post graduate diploma programme in patent management, apart from other short term course in IP and specific aspects of IP.
Another patent training programmes, which has become immensely popular in the last couple of years is the post graduate diploma in patent law and practice at GNA Patent Gurukul. Dr. Kausalya Santhanam (a US as well as Indian patent agent and a specialist in biotechnology) is the director of Patent Gurukul, which was founded by Dr Gopakumar G. Nair.
In Delhi, the Institute of Intellectual Property Research and Practice (IIPRP) at Noida offers a few excellent training programmes and events.
Recently, IIT Kharagpur has started an IPR programmes. The initiative comes from Dr N L Mitra, who was earlier associated with National Law School, Bangalore and National Law University, Jodhpur. Dr Mitra also conducts both integrated IP related programmes with law as well as science subjects and post graduate programmes in IP Laws.
As far as distance learning or proximity learning is concerned, the biggest breakthrough is achieved by the Nalsar University of Law (NALSAR) at Hyderabad. The NALSAR offers post graduate diploma in patent law, along with other programmes like media law, cyber law and international humanitarian law. Dr Ranbir Singh and (especially) Dr Vivekanandan are the forces behind this programme.
Government of India has been using the patent office at Nagpur as a patent training centre, mainly for new patent examiner recruits. Presently, Department of Industrial Policy and Promotion is concentrating on converting this centre into training centre (open to all) for IP/patents with support from WIPO.
Apart, various universities in India have started IP training programmes. Most of them are one year diploma programmes in intellectual properties. Many of these programmes are academic in nature, with low or nil emphasis on actual practice or internships. However, some of the national law schools/universities have better programmes with internships and visiting faculties from industry and IP/patent professionals. Other than NALSAR, Patent Gurukul, IIPS, AIPS and IIPRP, other institutes offering better courses are:
■ National Law School of India University, Bangalore
■ National Law University, Jodhpur
■ Indian Institute of Management, Ahmedabad, Bangalore etc.
■ IIT, Kharagpur (Rajiv Gandhi School of IP Law)
■ Amity Law School
■ Cochin University - Centre for IPR
■ University of Delhi & IIT, Delhi
■ National University of Juridical Sciences, Kolkata
■ ICFAI Law School, Pune and others
■ Asian School of Cyber Laws
■ IGNOU
■ Department of Law, University of Mumbai
■ Institute of Bioinformatics and Applied Biotechnology
■ Anna University, Chennai
Most of the national law universities have introduced post graduate programmes (2 year) as well as LLM in IP law. Many universities have diploma programmes (1 year) in IP, apart from incorporating IP as one of the optional subjects in the final year LLB.
Among various forms of intellectual properties, what is relatively new to India and where the country needs additional proficiency is in the field of patents. Excellent patent training is presently conducted by institutes like:
■ Academy of Intellectual Property Studies (AIPS)
■ Patent Gurukul
■ IIPRP (Institute of Intellectual Property Research & Practice)
■ NALSAR Law (Proximity & Distance Learning as well as campus training programmes)
■ National Law Universities at Bangalore, Jodhpur, Kharagpur, Bhopal, Kolkata & Hyderabad.
It is essential for Indian technical and legal professionals to start familiarising and eventually mastering IP statutes, especially patents to meet global challenges and exploit the full potential from emerging opportunities. With the government and WIPO fully geared to help with inputs and resources, it is essential that we move forward and equip ourselves with the IP proficiency sooner and faster.
(The author is CEO of GNA Patent Gurukul & Gopakumar Nair Associates, Mumbai)