By Aapka Consultant - November 30, 2017
Intellectual Property Rights are very important asset for Startups in India and it is important to protect them by taking effective measures. Intellectual Property Rights are very effective tool for any Business Organisation to boost Industrial Competitiveness. Various business groups should focus to protect their IP (Intellectual Property) along with other important things. The Startup India Action Plan 2016 through the “Scheme for Facilitating Startups Intellectual Property Protection” promotes Intellectual Property Registration. The scheme for facilitating Startups Intellectual Property Protection is made to protect Patent, Trademarks and Designs of Startups.
Scheme for Facilitating Startups Intellectual Property protection (SIPP)
The scheme is released by the Office of Comptroller General of Patents Designs and Trademarks on 22nd April 2016 with the objective to protect and promote Intellectual Property Rights awareness for Startups in India. By this scheme the appointment of experienced and registered Trade Marks /patent Agents as Facilitator to guide and help the Startups in matters relating to protection of Intellectual Property. The Startups shall not have to pay any kind of fees for availing services from the Facilitators because they are directly paid by the Central Government. The Objective of this Scheme is to assist the Startups in protection and promotion of their Intellectual Property by providing good IP services. This Scheme is designed to promote awareness and adoption of Intellectual Property Rights.
Intellectual Property Facilitators
For the effective implementation of the scheme the Controller General of Patent, Trademark and Design appoint Facilitators to assist the Startups in protecting the Intellectual Property Rights. There is a list of persons who can be appointed as Facilitators:
Any Patent Agent registered with the Controller General of patent, Design, Trademark (CGPDTM)
Any Trademark Agent registered with the Controller General of Patent, Design, Trademark (CGPDTM)
Any Advocate as defined under The Advocates Act, 1961 who is actively involved in filing and disposal of applications for Patents, Trademarks and Designs.
Government Departments, Organisation, Agencies.
Functions of Facilitators
The functions of Facilitators are decided by the Controller General of Patent, Design, and Trademark (CGPDTM). The Facilitators provides following Intellectual Property Protection Services to the Startups:
It provides general advice on different Intellectual Property Rights to Startups.
It provides assistance in filing and disposal of the Intellectual Property applications related to Trademarks, patents, designs.
It provides assistance for inventions of Startups.
It prepares and files responses to examination reports and other notices, letters by the IP office.
It appears at hearing on behalf of the Startup.
It contests opposition by other parties.
It provides information on protection and promotion of IPR to Startups in other Countries.
These are the basic functions of Facilitators which they are bound to perform during their duty. The facilitators can be removed from the office by Controller General of Patent, Design, and Trademark (CGPDTM) if:
He receives any information about the professional misconduct of Facilitator.
He receives any complaint from the Startups.
Intellectual Property Rights are very important tool for a Business Organisation in achieving the success. It is the main reason why we should protect the IPR in Startups. Every Startup should have the knowledge of protecting the Intellectual property (Patent, Trademarks, and Designs etc). For the protection of Startup IP the Central Government had taken a good initiative by making the scheme for facilitating Startups IPR. For the effective enforcement of the scheme the Government appointed facilitator. These Facilitators provides the advice and assistance to Startups in protecting the Intellectual Property. They also provide awareness to the Startups to protect their Intellectual Property Rights. Overall this Scheme is objected to protect the Startups Intellectual Property Rights.
