Author: Intern - Ayushi Suman
With the view to stimulate innovation and creativity among the Start-ups, Department for Promotion of Industry and Internal Trade (DPIIT) had launched the Scheme for facilitating Start-ups Intellectual Property Protection (SIPP) in 2016. Initially the scheme was launched on a pilot basis till 31st March, 2020. This scheme has now been extended up to March 2023 with certain amendments in it.
The growing significance of Intellectual Property Rights (IPRs) among the Start-ups calls for an equally sustainable strategic business tool in order to endure in an aggressively competitive world. The SIPP scheme envisions to cater to Intellectual Property protection for inventive and interested Start-ups. Providing premium IP services as well as resources for the protection of technologies used by the Start-ups the scheme leads the way towards awareness and adoption of IPRs among these Start-ups.
For the successful execution of the scheme, the Controller General of Patents, Designs and Trade Marks (CGPDTM) shall empanel the facilitators. The scheme stipulates the requirements for who is eligible to apply for availing the benefits of the scheme; empanelment of facilitators; eligibility for becoming a facilitator; their functions and duties and fees of the facilitators. The CGPDTM will also be responsible for regulating the facilitators judiciously.
These facilitators are mostly CGPDTM registered Patent or Trademark agents and have the requisite qualification for offering general advisory on various IPRs to the Start-ups to even protecting and promoting their IPRs in other countries as well. They are well-read with the relevant provisions of the Statues and Rules, while actively practicing the law in accord with the Bar Council of India.
The facilitators will be in charge of carrying out the tasks that the CGPDTM has determined. They will be responsible for a variety of tasks, including providing IPR protection information, assisting in the filing and disposal of IP applications, drafting patent specifications for start-up inventions, preparing and filing responses to examination reports, appearing on behalf of start-ups at hearings, and even contesting opposition and ensuring the final disposition of the IPR application.
As far as the fees of the facilitators is concerned, it shall be payable only through the office of CGPDTM and nothing would be charged from the Start-ups or the entrepreneurs. Most of their services shall be on the pro bono basis. The scheme clearly specifies the amount of facilitator’s fees, which may be claimed for the different stages of application for Patent, Trademark, and Design. Finally, the full ownership of the IPR shall be that of the Start-up alone.The Scheme is accessible here: 680_1_SIPP_extension_as_approved_by_SIIT.pdf (cipam.gov.in).
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