India recently updated its intellectual property policy to align with global standards and encourage innovation. The new policy aims to speed up online registration of patents and trademarks. It makes the Department of Industrial Promotion and Policy the main regulator of IP rights. Since 2014, global pharmaceutical companies have influenced changes to India's IP rules. However, past policies did not fully benefit innovation. The new policy reforms this and protects owners' rights while benefiting the public. It also creates an innovation culture by educating people about IP.

1. A Hand Book on
Intellectual Property
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2. A NEW ERA OF INTELLECTUAL PROPERTY RIGHTS FOR INDIA
IN A CHANGING GLOBAL WORLD
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3. India recently ratified a new intellectual property policy that opened new avenues of trade &
commerce. This falls in line with the Initiative taken by the Govt for making India a digital
economy, as such the new Intellectual policy adopted by the current Govt is to speed up the
online registration of patents and trademarks, keeping the Interests of the stakeholders and
all this was well thought of after taking into confidence the leading Nations in IP management
like the United States and other Western countries which were the pioneers in creating
patent laws in their respective countries.
In view of the current Global scenario and going forward, The current policy is meant to
facilitate IP management by empowering the Department of Industrial Promotion and Policy
by making it the nodal authority that would be in charge of regulating intellectual property
rights in the country.
From the time the Current Govt took office in 2014, global Pharma brands led by U.S.
companies have been influential in triggering changes to India’s intellectual property
rules.

4. Moreover, in the past India’s lopsided patent and intellectual property policies has
not fully delivered what it was meant to do, nor has it been in tune with the
growing technological advances. Global pharmaceuticals players have from time
to time have sighted certain issues related to India’s price reservation and
marketing limitations. But all that is now slowly changing with a slew of policy
reforms that were introduced by the current Govt.

5. The above reformative measures was echoed by Ranjana Smetacek, Director
General, Organisation of Pharmaceutical Producers of India, while addressing a
section of lawmakers & IP experts as he said “We hope it will lead to an interpretation
of the Indian Patent Act that respects innovation, encourages research and facilitates
effective enforcement mechanisms,” The same was the mood coming from the Govt
as was demonstrated by Nirmala Sitharaman, commerce and industry minister who
told lawmakers that so far over 237,000 applications were received across the four
patent offices in the country.
Moreover, the above policy on IP aims to create a culture of respecting original work
and thus the Govt has taken immense initiatives to spread awareness among the
general public about trademarks, copyrights and patents to encourage innovation within
the country.
The new policy will seek to Protect the interests of the rights of the owners so as to
benefit the common concerns of the public & society at large while fighting violations of
intellectual property rights.

6. 3 THINGS YOU MUST KNOW TO PROTECT YOUR BUSINESS

7. Each year April the 26th is celebrated as World Intellectual Property Day to spread awareness about how
significant intellectual property rights such as patents, trademarks, copyright etc has become for promoting
innovation and creativity.
26 April was selected as the date for World IP Day because it happens to be the date on which the Convention
instituting WIPO entered into existence in 1970. Like always This year too IP World day has a Theme ie :
Innovation – Improving Lives
Below we will discuss how innovation & research influences daily life due to the contribution made by
inventors and innovators globally.
How Innovation is Shaping the World
Moreover popular innovations address the challenges of urban growth and resources, such as transport, energy
and health care, to create wonderful and pleasant places to live, work and invest in. Thus all of the above has
got to do a lot with intellectual property & how it reinforces innovation by encouraging investment, motivating
creators so as to create a mood to develop novel ideas. Moreover the Digital revolution that is sweeping the
world is the catalyst for the emerging knowledge economies of the world by removing the barriers to free
access of information so that potential innovators can take advantage of present day new technologies.

8. European Areas of Innovation that has Global Impact
Every day, ordinary people are producing extraordinary new things to change the world for the
better. Their innovations take innumerable forms, from the ordinary to the apparently unbelievable.
Europe’s Open Banking initiative is a call to take advantage of the ongoing developments in
technology (and fintech in particular) to give customers better choice as to how they manage their
money and finances without having to use their bank. The much talked about fourth industrial
revolution: 5G networks. A key facilitator for the “omni network ” , will involve a range of network
technologies providing gigabit connectivity at very low trade-offs – something that is essential for
IoT, connected cars, 3-d printing etc.
Again innovations to better manage & produce bio fuels so that Energy needs does not compromise
on food security is the need of the hour Another area of crucial innovation is in the field of
“Sustainable Aviation” which is expected to significantly accelerate the introduction of lower-
carbon alternative fuels in the aviation industry. For eg : Europe’s leading airline KLM gets Biofuel
supplied by SkyNRG, a company which KLM founded in 2009 together with ARGOS (North Sea
Petroleum) and Spring Associates. This will decrease greenhouse gas emissions, diversify the
energy supply chain, and squeeze the price gap between conventional jet fuel and sustainable
aviation fuels.

9. Enter the Dragon – Finally China Gets Serious about IP
The Chinese government’s sincerity in its efforts to scrupulously abide by international
conventions and bilateral agreements regarding the protection of intellectual property rights,
and its capacity to fully implement its international obligations have been appreciated and
supported by world opinion.

10. Global India Joins the IP Era
Talking about innovation it is interesting to note that for a country like India, IP matters a lot as is very
much evident from the fact that the current Government’s SMART City Mission has an budget allocation
of INR 70.6 billion (US$1.2 billion). India’s Smart City agenda is supported by innovative concepts such
as open data, citizen engagement between public and private sector collaboration. Thus Smart Cities
concept all over the world is all about Innovation & Improving Lives as it uses pioneering technologies
like the internet of things, big data manipulation capabilities, cloud computing and augmented and
virtual reality.
Intellectual Property Offers Level Playing Field for Innovations
As we know many more innovations are happening across the globe which is what world IP day
reminds us about. From new healthcare Practices and Agro science advances that renders a better yield
variety of food crops to advances in office automation & communications are all testimonials of
innovations. Thus innovations stretches the envelope of possibility, creating unparalleled new
capabilities. IP makes us aware as to which innovation has most improved your life? What more can be
done to make sure new technologies reach the people who need them? What are the priorities for
future innovation?

11. A PRIMER ON INTELLECTUAL PROPERTY FOR ENTREPRENEURS

12. Many businesses during it’s nascent stage devote a good amount of financial
resources to secure some of their IP assets. Moreover, the business being a new
one ends up safeguarding IP rights with a partial understanding of the role IP plays
and the perils involved in attempting to obtain one. So below are the most general
versions/concepts of what is commonly called “Intellectual Property” which one
needs to understand as each of them have their own pros & cons & applicability
dynamics –
Trademarks exist to safeguard names, logos or designs of products or services.
Copyrights are attained by authors, artists and other creative professionals for the
maintenance of their literary or artistic work.
Patents are issued to secure unique inventions.

13. Nature of Patents
A patent on it’s own does not mean that the owner has the right to use an invention
rather it means it prevents a third party from using it without the creators or inventors
permission. Thus the very nature of patent is to keep businesses at bay from
developing technology in a particular area which invariably creates an opportunity for
competitors to try and withdraw or amend an established patent so as to remove the
blockade it represents to their business.
Strong competitors will not be overwhelmed by patents that come in their way, and
many patent owners do not realise that it is possible to have their patent revoked even
after it has been granted. For example, before granting of patent , the patent
application can be objected by the regional patent office by examiners discovering a
previous avatar of the same or a similar invention. Even after a patent has been
granted, it can still be challenged via reversal proceedings by the (regional) patent
office. Thus If a technology is a key enabler for the larger part of your business, then
seeking a strong patent portfolio is vital, and all it takes is a few little baby steps.

14. Pre Patent Process
During the initial stages of business things are more drawn towards stabilizing the business
and so business stakeholders are more concerned about immediate goals like how break-
even can be achieved etc & later sustainable profits can happen. Thus enough attention is
not given for adopting practices that would lead to a successful IP management for the
business. Thus over time and later when the business thinks of creating IP assets it may lead
to patent revocation as a result of not investing early enough for making the initial patent
application as solid as possible during the setting up of the business. More often than never
companies cut back on costs at the launch stage itself only to to find the business investing
far more later on to secure their patent. Also homogeneous inventions that were made in the
past (referred to as prior art) come to the fore in order to invalidate the proclaimed patent. So
having a well-documented patent application from the start, puts one in the best possible spot
to deal with issues that crops up due to the discovery of some earlier prior art references.

15. Early Patent Research is Recommended
A safe way to know & understand whether
the patents will stand it’s ground is to do
some research or search which will tell if
unfortunapatent. Pre-filing searches,
although not 100% wide-ranging, can give
some clue or enough tely there exists a
prior art which got discovered while
making a claim for the idea of similar
patents & if there have been competing
patents that have been filed before and
how new your invention really is. The
search outcomes can be used to
substantiate the validity of your initial
patent application or detect possible
problems that are more probable to ensue
later on.

16. Engage a Reliable IP Expert
For a small but a promising business house, time & money may become an
issue as far as extensively searching for earlier filed patents related to similar
areas of your business. Therefore hiring a reliable attorney who would represent
your case in the most comprehensive manner to the patent office is a must.
By being fully aware of your patent areas as to what lead to the development of
the invention, how it differs from the competition, and all the ways in which the
invention will be exploited commercially will make a strong case for your patent.
Thus the above meticulous planning will enable the filing the patent a smooth
process , moreover it will allow the authorities to take all the key factors into
account when examining your patent application.

17. Get Consistent Updates from the IP Fraternity
Conducting regular intellectual property (IP) searches that concerns your business
will ensure a “wait & watch” kind of a mechanism which will monitor your competitor
activity by offering alerts regarding probable problems in future relating to IP
infringement. Regular research not only lets one know about the forthcoming
relevant technologies but it also tells about patents which have become dormant or
are about to expire.
As such such feedback about potential technologies in your field will aid you in
leading your research into innovations into pioneering areas rather than into an
already saturated market. Moreover It can also have spin off wherein one can
partner with the other for making use of the opportunities for co-operation with the
creators of related technology in near-similar areas.

18. Factorial Variation of Patents

19. IP offers an ocean of protection to business owners and to original work as per the
nature of the product or service or even if it is a mere idea which has future scope for
being patented. Obviously all these factors has a far reaching commercial implication
since many IP laws are governed by bilateral and multilateral agreements between
nations and trade bodies and other Regulatory authorities governing various aspects
of patent filing and it’s use etc. Thus one needs to know what merits patent or comes
under which IP protection clause and how each.
For example, patents that involves software or business processes are normally
granted in some jurisdictions more easily and are often made exclusive when
compared to other categories of patents.

20. Make your Patent Full Proof across Jurisdictions
Thus to guarantee that your business or inventions has the strongest possible patent
portfolio, you will need to come up with an international IP strategy, and invest in the
elusive variations of international applications, by becoming accustomed to the patent
applications complement the local variations of IP law to enhance the prospects of
gaining the strongest possible protection under the sometimes conflicting laws of
each respective country.
All the same, there are no assurances with patenting and going by the above steps
may or may not guarantee that your patent is not challenged. But the above points
will however, reduce the hazards of infringement and chart a robust course for your
patent portfolio that will hold a strong defense for your IP assets.