The pharma sector IP policy debates have largely focused on Section 3(d)
of Patents Act, patent linkages, data protection, data exclusivity etc.
Litigation and competitive IP strategies has been the order of day to
attain business leadership. At this juncture it is equally important to
address the infrastructure issues which strengthen the Indian IP regime
which support both the qualitative and quantitative output of IP
applications from our country. In this context, It is important to focus
on the usage of the Indian IP system especially the micro, small &
medium enterprises (MSME) and steps required to upscale the Indian IP
Infrastructure to enable them to reap maximum benefit out of the
system.
The MSME sector of India contributes significantly to the
manufacturing output, employment and exports of the country. It is
estimated that in terms of value, the sector accounts for about 45 per
cent of the manufacturing output and 40 percent of the total exports of
the country. The sector is estimated to employ about 42 million persons
in over 13 million units throughout the country. Further, this sector
has consistently registered a higher growth rate than the rest of the
industrial sector. There are over 6000 products ranging from traditional
to high-tech items, which are being manufactured by the MSMEs in India.
The
Government of India has announced in the 2005-06 Budget regarding
setting up of the “National Manufacturing Competitiveness Council
(NMCC)" which visualized a National Manufacturing Competitiveness
Programme (NMCP) to enhance the competitiveness of the SMEs sector. One
of the components of the NMCP is "Building Awareness on Intellectual
Property Rights (IPR)" for the MSME. Accordingly, to enable the MSME
sector to face the present challenges of liberalization, various
activities on IPR are proposed under this scheme. These initiatives will
provide MSME sector more information, orientation and facilities for
protecting their intellectual powers.
The objective of the
scheme is to enhance awareness of MSME about Intellectual Property
Rights (IPRs) to take measure for the protecting their ideas and
business strategies. Effective utilization of IPR tools by MSMEs would
also assist them in technology upgradation and enhancing
competitiveness.
About US$ 11 million has been allocated for
initiatives such as awareness / sensitization programme, sectoral
studies, workshops, specialised training, grant for IP filing,
establishment of IP facilitation centres & interaction with
international agencies. These initiatives are proposed to be developed
through Public-Private Partnership (PPP) mode to encourage economically
sustainable models for overall development of MSMEs.
The need
? Comprehensive capacity development in IPR across the value chain
? Comprehensive fiscal incentives both for development / protection / commercialization and marketing
? Enabling legislations like utility patents
? Access to affordable quality professional services
? Stronger enforcements
? Global collaborations
CII Vision – Indian model
A
strong IP protection & enforcement regime will usher in Increase
in confidence of foreign direct investment in India especially in
cutting edge research development in India. This will also provide
impetus for more private sector investment in research & development
in India. This is the need of hour.
IPR facilitation services
such as IPR search, analysis, filing, protection etc is one of the key
aspects for the success of the IPR regime. IPR facilitation services are
the backbone of the IPR system, which would facilitate the filing and
protection of various IPRs in a faster and effective way for the benefit
of the inventor. Reaping the benefits of the IPR regime would largely
depend on the IPR facilitation infrastructure in the country.
In
order to propagate IPR activities across the country, IPR facilitation
initiatives will have to be taken up at state level. The Central
Government is working towards more awareness and propagation of IPR
services, but unless work starts at state level - with initiatives of
the state governments, the efforts would not be successful. Hence, CII
proposes to sensitize state governments about the need to have IPR cells
in states. This is in tune with vision & goals of National
Manufacturing Competitiveness Council.
Intellectual property
protection begins with a few simple steps. The capability to identify
intellectual property, protect it wisely & then be able to enforce
in the market place are some of key requirements. These issues are well
addressed if there is a professional competency within the individual/
business entity or at least professionals who could be
availed/outsourced for these activities.
From a broader perspective, the top five reasons why IP infrastructure in India should scale up:
Qualitative & quantitative output of IP applications from India
The
increase in number of patent application filings in India is very
encouraging and a testimony to the growing importance for IP activities
in India. The number of applications being filed by the Indian
corporations is in the range of 15 – 20 %. If we have to sustain the
growth of IP activity in India, there has be to increased efforts to
promote IP awareness amongst Indian industry, hand hold & equip them
to identify, protect IP & leverage IP for competitive advantage.
This would involve a lot of rethinking & planning & deployment
of professional & IP infrastructure resources to be able to help
Industry to identify, protect & enforce IP.
IP professionals
The
scientific talent can be best suited to be tapped to bridge the gap for
IP professionals in India. The field is lucrative and has promising
career opportunities. There has be to be increased resources to be able
to tap the professionally qualified talents into the techno legal
domain. This can happen only when there are enough training facilities
spread across the length and breadth of the country.
Outreach of IP activities in Tier II/ Tier III cities
Most
of the metros & cities are exposed to many of the IP programmes and
activities. But it is important to reach out to smaller towns & B
Class cities.
Local professional support for IP protection / commercialisation
From
the point of view of individual innovators/ entrepreneurs, it will be
very important for them to be able to access professionals who are
willing to support them and be able to guide them for IP protection/
identification. It is the question of accessibility & availability
of IP professionals closest to the location.
Cost for IP prosecution
The
Govt. fee for filing and prosecution is standard & fixed. But the
professional fees may vary from the expertise of the IP professionals.
The professionals expertise especially in the drafting of the IP
applications is essential. Therefore the increase in number of quality
professionals is essential for IP right seekers to have a choice of the
best professional at an affordable price.
APTDC – A success story
Under
PPP Mode, Confederation of Indian Industry (CII) set up the Andhra
Pradesh Technology Development and Promotion Center (APTDC) with the
support of Govt. of Andhra Pradesh & TIFAC (Technology Information
Forecasting & Assessment Council) under Department of Science &
Technology, Govt. of India.
This unique initiative to establish
IPR facilitation cell in the state was primarily to create a strong IPR
base in the state, to enhance the quality of invention, innovation and
fine tune the institutional & policy issues and to increase the
number of patents filed from the state. The idea was to boost investors’
confidence in the long run through better innovative corporate culture.
The initiative addresses the IPR issues of the industry, research and
development institutes of AP at large.
The Intellectual Property Rights Facilitating cell at Hyderabad imparts the following services:
?
IPR awareness and training programmes: IPR awareness and training
programmes are aimed at disseminating all the prerequisite information
related to IPR. This is a step undertaken to foster IP creation in the
state, which would lead to better inventions, better technologies and
thereby better standards of livings. Highly qualified and practising IP
professionals impart world-class quality training, which would enhance
the skills of IP professionals, scientists, technologists, lawyers and
Industrialists. The cell also invites opinion and suggestions from the
clients towards the IP policy issues effecting business at large for
interacting with the concerned govt. department.
? IPR advisory
services: The IPR facilitating cell has an access to the global IPR
database which can provide world-wide information. A team of IP
specialists does the patent search and analysis and provides
recommendations towards patentability and its related issues. A panel of
legal experts and technical experts provide the necessary support for
IPR advisory services.
IPR protection facilitation: A wide range
of services which include assistance in drafting, filing in India and
international, other legal aspects which would enable the user to obtain
his Intellectual Property Rights. A panel of legal experts and
technical experts provide the necessary support for IPR protection
facilitation services.
A website “Andhra Pradesh Intellectual
Property Rights” www.apipr.org has been launched for better services to
the clients. A request form for IPR services can be filled and submitted
online. Fundamental topics on IPR are covered through FAQ’s. The
website also includes articles from eminent IPR Professionals and also
covers important events organized by CII and APTDC in the field of
Intellectual Property Rights. It also includes a comprehensive database
of registered patent agents in India.
The following are a few achievements if CII-APTDC IPR Facilitation Cell:
? The first of its kind Intellectual Property Rights facilitation cell with the support of the local state Government.
?
Facilitated 300 PR Service requirements encompassing – Prior Art
Analysis, Intellectual Property Protection, IPR Information, Counselling
& Advisory Services
? Some of the important assignments
facilitated have been the GI Registration of Pochampally Ikat,
Kondapally Toys & policy inputs for the AP Govt. for IPR Protection.
?
It is fast developing into a centre of excellence in IPR and is known
for a unique self sustaining model evolved out of effective public
private partnership.
? Since Inception in 2002, it has been able to
sustain its operation from its own projects & services which
encompass all forms of support for Micro Small & Medium Scale
Enterprises.
Nurturing talent pool to benefit pharma sector
Specialized
skills are essential to draft claims for patent specification. Pharma
sector is no exception. Meticulous drafting skills is not only essential
for patent protection but enforcement of rights in global market place.
This is not an overnight task – it requires a lot of intense skill
development and efforts to allocate resources to nurture the talents in
our scientific and engineering professionals. Local IP cells can be
very effective resource centres to channelize specialized skill
development initiatives. Specialized services like patent landscaping,
patentability criteria assessment and freedom to operate in national and
international markets are essential offshoots of these interventions.
The author is Prinicipal Counsellor & Head APTDC, Confederation of Indian Industry