iprlawindia.orgiprlawindia.org/.../2018/06/Activities-of-CIPRA-2013-14.docx · Web viewVivek...
Transcript of iprlawindia.orgiprlawindia.org/.../2018/06/Activities-of-CIPRA-2013-14.docx · Web viewVivek...
Activities of MHRD Chair/ CIPRA -2013- 14Programmes Organized by Centre for Intellectual Property Research and Advocacy-
MHRD Chair on IPR, NLSIU, Bangalore
01. One Day Conference on “Advantages Of Madrid Protocol” on 31 st July 2013
In the Silver Jubilee Year of the National law School of India University the Centre for
Intellectual Property Rights Research and Advocacy(CIPRA) organised “One day conference
on Advantages of Madrid Protocol on...Registration of Trademarks”, at the International
Training Centre, NLSIU, on 31st July, 2013.
With the backdrop deposition of India’s instrument of accession to the Madrid Protocol for
the International Registration of Marks at WIPO, India giving effect to protocol through
appropriate amendment to Trademark Laws, Rules and realising the significance and
potential of the Madrid Protocol, the Centre for IPR Chair / MHRD Chair on IPR at NLSIU
has taken initiative to conduct this conference to bring in awareness and initiate a debate
among Trademark Attorneys, Agents, Proprietors of the various companies & industries,
SME’s, Academician, Advocates practicing in IP litigation, In-house councils, consumers,
students and the Public in general.
Vivek Research Associate "Highlighted the importance of the Trade Marks in present day
context stating that Trade mark is the key for the successful business strategy and that it
symbolises the presence of quality products in market. Therefore, registration and protection
of Trade Mark is imperative for developing of the business. And, as we have entered in the
international regime on trade marks by accession to Madrid Protocol, the opportunity for
Indian brands to flourish and get protection internationally has raised to high level.
After that the Chief Guest along with other dignitaries inaugurated the program by lighting
the Traditional lamp.
2
From left Mr. Hari Krishna Holla, Advocate and Trademark Attorney, Prof T Ramakridhna,
MHRD Chair Professor, Mr. R.A. Tiwari, Assistant Registrar of Trade Marks and
Geographical Indication, Mr. Shri C.S.Uchil, Sr. Examiner of Trade Marks, Smt. Charry
Thong, Partner, K & S Partners.
Delivering the key note address Mr R.A. Tiwari, Assistant Registrar of Trade Marks and
Geographical Indication, Mumbai started with the basic term of the IPR as a property that has
the genesis from the human mind. It is a property emanating from the intellect of a human.
The products as we come across satisfy the needs of the man. Human skill is protected by
way of patents. However the most important IPR by which the product is identified and
distinguished from other products of same nature is Trade Mark.
3
Mr. R.A. Tiwari, Assistant Registrar of Trade Marks and Geographical Indication,
GOI acceded to Madrid Protocol -which means protection has been extended beyond the
territory of India by filing a single application in a single forum in India only. Felt privileged
to throw some light on Madrid Protocol and bring part of NLSIU activities.
Prof. T Ramakrishna, MHRD Chair Professor
Prof. T Ramakrishna MHRD Chair Professor: Welcoming the dignitaries highlighted that it is
the Silver Jubilee Year of NLSIU. Quoting Shakespeare's Rome and Juliet: "What is in a
name?" "A Rose by whatever name it is called smell as sweet". However stated that the
application of the Quote in present day Trademark scenario is different where the names have
got the utmost importance as that of the product itself. TM is a bridge which connects the
producer of the goods with the consumer. There was a felt need for protection of the TM
pursuant to the expansion of trade beyond territorial jurisdiction. Albeit the TM movement
started right from the year 1883 by virtue of Paris Convention, however in India it practically
gained importance form 1940 up to the present day Trade Marks Act 1999 which forms the
complete TM legal regime in India and fully inspired by TRIPS agreement.
Commenting on CIPRA sir, stated that CIPRA from its beginning has felt that it is not
sufficient to impart IPR education only in class rooms but CIPRA believes that it is its social
responsibility to initiate debates in IPR whenever, new developments take place in the
concerned field. We have been involved not only in the tracking of National Development
4
but also the International as well. He referred to the conference on American Invent Act
organised by CIPRA immediately after it was signed into the Law.
From right Mr. Hari Krishna Holla, Advocate and Trademark Attorney, Smt. Charry Thong,
Partner, K & S Partners.
Resource persons included those from the office of Controller General of Patents Designs
and Trademarks (CGPDTM) , Mr. R.A. Tiwari, Assistant Registrar of Trade Marks and
Geographical Indication, Mumbai. Mr. Shri C.S.Uchil, Sr. Examiner of Trade Marks,
Mumbai, academics and eminent legal professional, such as, Mr. Hari Krishna Holla,
Advocate and Trademark Attorney, Bangalore, Smt. Cherry Thong, Partner, K & S Partners,
Bangalore.
5
three technical sessions witnessed thoughtful remark over the Madrid Protocol advantages
and implication on India. The conference also witnessed an interactive participation of
experts.
Group photo
2. Conference on “Innovation, Patents, and Trade Secrets for MSMEs in IT/ITEs sector
in Karnataka” on 19 th October 2013
The Conference on Patents, Innovation and Trade Secret for MSMEs in IT/ITES Sectors in
Karnataka was started with the inaugural speech of Prof. (Dr) T. Ramakrishna, MHRD Chair
Professor on IPR; who initiated the conference by highlighting the importance of the
conference on two reasons: one being for coming in a silver jubilee year and being a first
collaboration between the CIPRA and Intel Corporation. The idea was conceptualized two
months back with the Mr. John Edward Matheson and the Vice-Chancellor. Albeit the area of
IPRs is a recent development but the concept of capacity building has been there since two to
three decades. The program is backed by the Mr. John who is Director of Legal Policy
APAC, Intel Technology Asia Pte. Ltd., Singapore., he has been representing the global trade
6
policy, he is an IPR lawyer, Attorney in Japan, and his principle areas of interest have been
the IP, proactive thinking, Law reforms in IP and anti-counterfeiting etc.
Introduced Mr. S.M. Jamakhandi, Director MSMEs, Development Institution, Government of
India, that he has been involved in the various programme of the CIPRA.
As the Vice Chancellor was not available, the presiding officer for the conference was Prof.
V.S. Mallar- Chair Professor, V.R. Krishna Iyer Chair on Public Law & Policy Choice,
NLSIU and the founding faculty of NLSIU which is called niche in global map of legal
education.
Prof. (Dr) T. Ramakrishna highlighted the names of the experts speakers for the technical
session as Dr Kumar and Shivaranjan, Deepu Mohan, Shivraj Dharney, sorabh Malhotra,
Ajay Prasad, etc. and that about 150 participants have registered for the conference.
The proposed chief guest Minister Concerned SR Patil due to some inability could not come
but his return speech was kept to be read after the inaugural session.
The Conference was initiated by the Lighting of the traditional Lamp by Mr. John Edward
Matheson, Mr. S.M. Jamakhandi and Prof. V.S. Mallar for inaugurating the particular
conference.
Mr. John Mathewson:
It is a real privilege to work with NLSIU as an important partner for starting innovation in the
companies-A contribution to enable innovation in India. China has become manufacturer of
the world but not an innovation but in India there is remarkable education and legal system of
international repute, which is advantageous for the innovations. There exists a tremendous
7
power and opportunity to understand and execute Innovation. India has about 40% of work
force but 20% GDP, therefore the concerning task is to find out challenges to the innovation.
MSMEs have always been the engines for innovation whether active or the passive. Intel as a
successful innovator, learnt a lot, made mistakes, can now somehow internalize the
experience and is helping to reflect and advance innovations which might change the way of
business with creative efficiency, and help in making productive results. Clearly it is a
difficult task. However we are committed to Resonate the whole atmosphere of innovations
and also learning from the critics will be the focus of the program. We want it to be national
and also the cooperation of participants to make it success.
Hon'ble Minister [Written Speech]
Apologies for not being present! I assure that the State is committed to provide a cogent
atmosphere for IT and research. We are set to revise IT policy, some of which will be
highlighted in conference on Tuesday in Bangalore. Thanks to the organizers of the program.
In Karnataka, a lot of work has been done in the MSMEs sector, small co.s have helped in a
big way in contributing to the GDP which is 8% of country's GDP. There is a vast scope of
the ICT in the cloud computing and other related developments. The ICT industry has shown
its resilence and continued to grow by double digits. We are Home to 3500 IT Co.s,
contributing 25% of the state GDP. Government of Karnataka is of firm belief that ICT be
established to simplifying procedures, providing quality and services, equality of opportunity
and transparency be ensured. There exists Over 10 billion USD business opportunity
available for E business at present. New business models are required and seen as the
8
incentive for the country's economic growth. We have the world's second best technology
and are world's second IT hub.
Initiatives in ICT and BT work that has been so far taken:
ICT policy version ...
BT policy version 2.0
Semi conductor policy 2010
Gaming Policy
Electronic system and design policy
State of Art IT parks
Biotech Parks
Alexander Knowledge Park
Capacity Building in Biotech Sector
Separate Venture Funds for ICT, semiconductor and Animation Sectors
Application of ICT in health and education
Government support for the ICT
Mr. S.M. Jamakhandi, Director of Development Institute, MSME, Bangalore.
Innovation IPR and Patenting, product development has been close to my heart, basically I
am an electrical engineer, joined GOI in MSME, worked in Delhi for 12 years. In 1950's
prime focus of the Govt. was on Industrialization and focus was only on Industry. The
country adopted mixed economy, but largest investments were placed in public sector, there
was a constant market for 30 years, however, the MSMEs developed in early 90’s. India is
the 7th largest economy in the world; speculation is that it will be 3rd in near future. Initially,
9
GOI was biggest purchaser, but MSME were mainly concerned in manufacturing sector,
encouragement from govt. made it to be the largest employer of the Country, 10% of the
GDP, 45% of Engineering export, high technology products, even in Bangalore, 16% of
technology for outside firms comes from MSME, even for rocket launching as well. MSME
has been highly innovative and has entered in critical areas. There are about 30.6 million
MSME registered in India which is less than, 212 million in china. The fate of MSME's is
same as like Dollar. The China is overtaking India in MSME sector. To help MSME some
initiatives like trade agreements have given opportunity for MSMEs in International market.
But when foreign companies are allowed to export products to India, the same products in
India leads to ambiguity.
Innovation in designing and redesigning is an absolute necessity for present era and
competitions are also creating some hurdles but existing MSME should take it as an
opportunity to excel. Either you innovate or you perish. To help them become productive and
competitive, the GOI came up with, National manufacturing Competence Program and
Design Cleaning Skills which can help MSMEs for developing a product for national and
international market. Various schemes have been incorporated whereby major costs were
subsidized by the government or even marketing and other incentives for making them to
innovate more.
Under such schemes providing finance of 10 lakhs will be absolutely free for MSMEs, then
credit up to 1 crore is collateral free, and more insurance incentives are provided to hedge the
risk involved.
25% of credit is targeted on MSME. Also, 20% of products are purchased to be from MSMEs
outside as part of promoting MSME's in the international market.
The Innovation is in the gene of every Indian whether it be Scams or else etc. The same is
evident from the fact that 50% of patents in US by all Indians become residents. There are a
number of Govt. schemes to support MSMEs, The subsidies can be an incentive only for a
certain time, the threat of global market is a real challenge for the MSMEs to tackle.
Therefore, MSMEs must have to have a passion of innovation, only then it can really matter.
If MSME don’t innovate, it is very difficult for them to survive. The conference will enhance
the MSMEs to innovate and to progress in the technology and I Hope it to be grand success.
Prof. V.S. Mallar (Presiding)
10
He gave an insight about the NLSIU journey in order to draw an analogy for highlighting the
importance of innovation at present times. The NLSIU as per the opinion of the Sir, has
reached to the present level of distinction in the legal education only because of the
innovation and the commitment to innovate by its integral players.
In 1950-60 legal education was in crisis. Prof. Menon did not wanted in renovating legal
education but he succeeded on innovating legal education. And that is why, in NLSIU,
Research projects, interviews in exam etc. were incorporated. We succeeded. First registrar –
Krishnappa on whom the Hall named and NL Mitra decided to take MBL classes without any
remuneration. And as a result we became intellectually competent and socially relevant.
In 1988 Law school started functioning, but in 1992 MHRD chair was established. T
Ramakrishna was appointed as its chair. Various seminar courses were incorporated
gradually. CIPRA has been active in organizing seminars, workshops, conferences for
academicians, industrialists, government officials, and legal experts etc. It is also
encompassing various Researches, journals, and website.
11
Participants
There will be an intellectually stimulating discussion after inaugural session and all scholars
will contribute and the conference will be a tribute to the 25 th year of the NLSIU. Successive
Governance irrespective of the political party in state govt. have been financially supporting
the NLSIU, however the autonomy of institution has always been consideration. Expressed to
Veerapa Moilly, who has been instrumental in putting NLSIU under the UGC grants
gratitude.
Group photo
12