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Company Secretaries
Embracing
Excellence
Intellectual Property Rights
Expanding Global
Possibilities
IntellectualProperty Laws
INDIA
Data
Protection Industrial
Design
IT &
Cyber crimes
Creative India
Innovative India
Intellectual
Property
Laws
Trademark
PatentsCopyright
Geographical
Indicators
Designs of
Integrated Circuits
Plant
Varieties
Trad
emar
ks A
ct 1
99
9
Professional Excellence in IPR
The
Pate
nts
Act
19
70
The
Co
pyr
igh
t A
ct 1
95
7
Des
ign
s A
ct 2
00
0
The
Geo
grap
hic
al
Ind
icat
ors
Act
19
99
Layo
ut
des
ign
s o
f In
tegr
ated
C
ircu
its
Act
20
00
Pla
nt
Var
ieti
es A
ct 2
00
1
Info
rmat
ion
Tec
hn
olo
gy &
C
yber
Cri
mes
Act
20
00
Budapest Treaty
Marrakesh TreatyNairobi Treaty
Washington Treaty
Madrid TreatyBerne Treaty
Paris Convention
India is a member of WIPO International Treaties
Intellectual Property Rights Offices in India
Delhi
Patent & Trademark
Kolkata
HQ Patent & Design, TM
office
Chennai
Patent , Trademark & GI
Mumbai
HQ Trademark,
Patent Office
Ahmedabad
Trademark
State of the art
Integrated & IT- enabled offices
How India Scores in Global IP Index?
India
Asia
Bottom 3
Economies
Top 5
Overall score in comparison %
36.04
52.46
27.33
92.20
Global Innovation Policy Center’s (GIPC’s)
36/50
Index rank
India jumps eight places to 36th
spot in US Chamber's global IP index
IPR Practitioners – Scope and opportunities
India 36.04
Asia
Bottom 3
Economies
52.46
27.33
Top 5 92.20
56.16
Every single Index point means, new business or entrepreneurs – Opportunity for Incorporation
New Trademark or Patent registration in India could be International License Agreement
Millennial Innovation mindset is a huge opportunity to patent more inventions in India
Company Secretaries can coach and mentor young talent to turn into Entrepreneurs
Government of India support to grow IPR in India
To catch up with Top 5 countries
average IP Index score, India still
has 56% more to catch up
Top 5 countries: US, UK,
Sweden, France & Germany
Since 2016 policy formulation …
India sees huge surge in IPR applications
236% Trademark
233% Copyright
41% Patents
IPR think tank
300 stakeholders
31 Departments
5 Countries
Since 2016 policy formulation …
Separate Gateway for E- Filing of trademark applications
50% fees concession to MSME
Trade Mark E-Journal, published every week
Real time online status – IPR portal
International Trademark, online single application – Madrid protocol
80% fee concession for startups
Expedited examination of patent applications
Potential services
Trademark
Availability Search
Registration & Renewal
Strategy advise & consulting
Monitoring
Opposition
Drafting TM contracts
Response to refusal
Litigation support
Patent
Patent advisory
Conduct search
Prepare & file applications
Patent watching services
Handling oppositions
Validity investigations
Infringement investigations
Litigation support
Copyright
Registration services
Response to refusal
Infringement protection
License agreements
Copyright assignment
Protect & monitor websites
Litigation support
Information Technology & Cyber Crimes Act, 2000
5.8 Million cyber crimes a year and
Facebook and Twitter incidents reported every
45 minutes, cyber lawyers will
see a big pick up in work
o Interpretation of cyber laws
o Due diligence
o Security Audit
o Security practices and compliance
o SEBI security compliance
o Process specific solutions - Audit and compliance
o Cases relating to credit card frauds
o Internet hacking, cyber stalking …
o Cyber crimes related to IPR
Cyber Law advisory and consulting opportunities
Data Protection
Draft GDPR Bill borrows from EU’s General Data Protection Regulation
Penalty of up to 4% of annual revenues
Restricting data use when it is not necessary
Appointment of Data Protection Officers by companies
Inclusion of data protection while designing Technology
User’s right to port their data to another company
What’s coming?
Justice B.N. Srikrishna Committee submitted
its report in July 2018 along with the draft
Personal Data Protection Bill
A data protection authority to be set up
What the draft bill says?
Stiff penalties in case of violations of law
Companies to appoint Data Protection Officers
An effective mechanism to address grievances
Investigating authority not below Inspector of police
CS Opportunities
E2E Data Protection process review
Data privacy consent legal drafting
Periodic Personal Data maintenance review
Access Rights Review
Procedure for handling data breaches
Act as Data Protection Officer