Recent Reforms at the Intellectual Property Office: Patent and Copyright Administration in India

0001On 3rd May, 2019, the Chair on Intellectual Property Rights and the Internal Quality Assurance Cell, IQAC, at National Law University Delhi, organised a colloquium on select intellectual property issues titled “Recent Reforms at Intellectual Property Office, Patent and Copyright Administration in India”.

0002The colloquium aimed to understand the recent reforms carried out by the Indian Intellectual Property Office, evaluate the extent to which these reforms had been successful, and discuss the way forward.

Introductory Remarks

0003Prof. Dr. G.S. Bajpai, Registrar, NLU Delhi, welcomed the speakers and provided an introduction to the IPR Chair and its functions. He noted the role of NLU Delhi in IPR research and the establishment of the Chair.

0004Mr. Yogesh Pai provided the background to the lecture and discussed the value of academic engagement with the functioning of the Intellectual Property Office. He also introduced contemporary issues and recent developments in intellectual property rights before introducing the speakers.

Talk by Mr. Hoshiar Singh

0005Mr. Hoshiar Singh, Registrar of Copyrights, Intellectual Property Office, New Delhi, began by discussing the history of the Copyright Office. He explained the logistical and functional issues faced by the Office and its movement between different departments before coming under the Ministry of Commerce.

0006Mr. Singh discussed the efforts undertaken to address pending applications and the challenges involved in their resolution. The discussion also covered the interaction between the Copyright Office and courts, the determination of original content, and the exclusion of certain subject matter from copyright protection.

0007He explained the examination procedure and discussed the types of works most commonly submitted for copyright registration, particularly literary works. He also addressed the relationship between international obligations and Indian copyright law.

0008The discussion concluded with consideration of copyright registration and its practical advantages.

Talk by Dr. K.S. Kardam

0009Dr. K.S. Kardam, Senior Joint Controller of Patents and Designs, Patent Office Delhi, discussed the history and functioning of the Patent Office. He explained the examination process and noted that applications can be examined in different offices across the country, including offices in Mumbai, Kolkata, Chennai, Ahmedabad, and Delhi.

0010Dr. Kardam also discussed the historical association of Kolkata with the Patent Office and explained India's role as an International Searching Authority under the Patent Cooperation Treaty.

0011The discussion covered examination guidelines for inventions relating to biotechnology and the scale of work undertaken by the Patent Office. Dr. Kardam also discussed the growth in applications for international searches and the development of India's standards in this area.

0012He addressed the types of cases that reach the courts and discussed shortcomings in the existing system and possible remedies. He also noted the potential need for specialised departments dealing with areas such as economics and statistics to improve the functioning and efficiency of the patent system.

Conclusion

0013The colloquium concluded with a vote of thanks and a concluding note by Dr. Priya Rai, Coordinator, IQAC, NLU Delhi.