Globalization has created the world a small place, by reducing the barriers of distance and time. Today, companies manufacture components in one part of the world and assemble them in other corner through a global business network. In recent times, the centre of gravity of cost effective technology, the world has shifted towards the east. Well renowned companies from the western world are increasingly sourcing their products’ assembly from India and China. Meanwhile, indigenous Indian and Chinese companies are constantly creating intellectual property and innovations, which will compete with those same western companies. India is increasingly regarded as an attractive manufacturing base, particularly for high-end research and analysis in diverse sectors of the knowledge-based industry.  Sectors, such as, pharmaceuticals, textiles and garments, engineering goods, auto ancillaries, motor-vehicles in India are now recognized of being internationally competitive, and their products are increasingly finding their way into markets of developed countries. India has stepped into a massive programme for upgrading its roads, airports and ports. India has also become one of the most favoured destinations for both FDI (Foreign Direct Investment) and FII (Foreign Institutional Investors) inflows.

With the burgeoning global market comes the inherent situation of creating and protecting Patents, Trademarks, Geographical Indications, Industrial Designs, Plant Variety Protection and Copyrights issues; in short, issues relating to the Intellectual Property Rights (IPRs). IPRs are even more pronounced in the engineering industry where both heavy and light engineering product manufacturers are making auto ancillaries, gear box, pump and valves. Though big companies have their own Research & Development (R&D) department for researching, creating new innovations, most of the minor auto ancillary manufacturers do not have their own intrinsic R&D department. In such a case they mainly rely on already existing designs, thereby falling in the danger of infringement issues.

In India, the new Designs Act, 2000, where the ‘Industrial designs’ is defined as “…a creative activity, which result in the ornamental or formal appearance of a product and design right refers to a novel or original design, that is accorded to the proprietor of a validly registered design”. Industrial designs are one aspect of the IPRs.
The new Trade Marks Act, 1999 the definition of “Trade Mark” in addition of goods, has been expanded to include services as well, making service marks registerable in India. The new development in the present Act protects shape of goods, packaging and combination of colors.

The Patents, Trademarks & Designs are administered through the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM), headquartered at Mumbai, as under The Patents Act, 1970 through the Patent Offices at Kolkata (HQ), Mumbai, Chennai and Delhi, the Designs Act, 2000 through the Patent Offices at Kolkata (HQ), Mumbai, Chennai and Delhi, the Trade Marks Act, 1999 through the Trade Marks Registry at Mumbai (HQ) Chennai, Delhi, Kolkata and Ahmedabad.

The modernization of IPRs infrastructure has also been undertaken and new integrated offices have been established in Delhi, Kolkata, Chennai, Mumbai and Ahmedabad.  A programme has been implemented in the 10th Five Year Plan for modernization of Patent Office. It covers infrastructure development, computerization, human resource development, training and awareness.  Bilateral cooperation agreements (MoUs) have been entered into with UK, France, USA, European Patent Office and Japan. These focus on human resources development, capacity building, awareness and outreach activities.

Growing awareness of IPRs, infringement cases and associated legal issues amongst engineering firms in India, in the recent past, have positively affected the number of filing of patent applications with the Patent Office. It has increased from 8954 patent applications in the year 1999-2000 to 28,862 in the year 2006-2007. The numbers of applications examined have increased to 14,119 in 2006-07 against the figure of 2824 in the year 1999-2000 [1]. This not only ensures a positive step but also an awareness of protecting IPRs amongst members of the Indian Engineering Industry; thereby enhancing the image of India as a safe home for the engineering industry worldwide.

With ongoing time, as India’s knowledge based technology growing under the IPRs protection, it will benefit not only India, but the rest of the world, the developing world it leads. This is India’s business vision.

Reference:

[1] Controller General of Patents Designs and Trade Marks, http://www.patentoffice.nic.in/

Author -  Biswajit Sarkar
               Advocate - Legal Consultant