Report of Colloquium on Select IP Issues (3rd May, 2019)

Colloquium on Select IP Issues

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

Under the Aegis of

Chair on Intellectual Property Rights

&

Internal Quality Assurance Cell (IQAC)

At National Law University Delhi, on 3^rd May, 2019

REPORT

A Colloquium on Select IP Issues was organised by National Law University Delhi under aegis of the Chair on Intellectual Property Rights and the IQAC. The inaugural lectures in the series were on the topic “Recent Reforms at Intellectual Property Office: Patent and Copyright Administration in India”. This colloquium aimed to understand the recent reforms carried out by the Indian IP Office, evaluating how far such reforms have been successful, and the way forward. 

It was coordinated by the Chair on Intellectual Property Rights and the IQAC cell with its panel speakers as Mr. Hoshiar Singh, Registrar of Copyrights, Intellectual Property Office, New Delhi and Dr. K. S. Kardam, Sr. Joint Controller of Patents & Designs, Patent Office Delhi.

Introductory Remarks

Prof. Dr. Bajpai, our registrar welcomed the speakers and gave a short introduction of the IPR Chair and its functions. National Law University Delhi is one of the 12 universities selected for the establishment of the chair, which is testament to the NLUD’s contribution to IPR research. This event is being conducted owing to the establishment of an IPSC in order to promote quality enhancement. Mr. Yogesh Pai, then gave a brief background on the reasons for conducting this lecture. He said that as academicians we interact very little with the actual functioning of the IP office and hence values this engagement. He also briefly mentioned contemporary issues and recent developments within Intellectual property rights to kick start the discussion. Mr. Pai also gave a brief introduction of the speakers and their backgrounds.

Talk by Mr. Hoshiar Singh

Mr Singh began with explaining the history of the copyright office. He spoke of varied logistical and functional issues that have arisen in the office and the different departments it was constantly shifted under till it finally reached the ministry of commerce. He also spoke at length about how the office tried to tackle with the issues of pending applications and various problems that arose in their resolution. Mr. Pai in order to make the discussion more interactive also prompted the speakers on their interaction with the court systems, and posed questions such as whether the office has a method of determining ‘original content’. Even the exclusion of certain subject matter from copyright protection was dealt with Mr. Singh. He explained the examination procedure to a certain extent and spoke of the most common types of work received to be copyrighted which is primarily literary. He also explained the interplay between foreign obligations and Indian copyright law and concluded by remarking on the need for compulsory registration as held in a Bombay High Court case. He says there is no such rule but it is definitely more cost effective and generally more advantageous to register the copyright.  

Talk by Dr. K. S. Kardam

Dr. Kardam also began by explaining his background and the history of the patent office, ranging from departmental troubles to a continuous change in location. He explained how examination actually works. It happens virtually in offices in cities such as Mumbai, Kolkata, Chennai, Ahmadabad and even Delhi. Irrespective of where the application is filed, it can be examined in any office in the country. He also spoke on the history of why Kolkata traditionally having the patent office. Dr. Kardam also spoke of patents recognized internationally; India’s being recognized at an international search office, the Patent corporation treaty allows you to do this and gives confidence in the success of the application. He also responds to questions regarding guidelines on the specifically for inventions relating to biotechnology. He said there are procedural guidelines for examiners. Dr. Kardam went on to explain the scale of work that the office takes on and some facts about how the office has grown for example the receipt of applications for international search. India has also raised its standard to the International law level which is the reason for the rise in the aforementioned applications. He spoke of the type of cases that reach the court and finally concluded by flaws in the system and various remedies to it, the data for which would be in the next annual report. He agreed that a full-fledged office would need departments focusing on economics, statistics etc. for furthering the cause of the patent system and efficiency at the patent office.

 Thank you Note

The workshop concluded with a vote to thanks to the speakers and a concluding note stating success in organising the workshop, handled by Dr. Priya Rai, Coordinator, IQAC NLUD.

List of Attendees