The legal regime for protection of Intellectual Property in India has undergone significant changes since India’s accession to WTO in 1995. Several amendments were made in the existing legislation in order to comply with the international agreements, especially TRIPS. Example may be cited from the Patents Act 1970.
In a resource constrained economy like India, one cannot deny the fact that these minor technical inventions which frugally use local resources in a sustainable manner need to be encouraged by providing a legal framework for their protection and commercial exploitation. Such useful, low costand relatively simple innovations may have commercial value only for a limited time period, before they are replaced by other products or rendered redundant by improvements in technology. Keeping in mind that such products will primarily be driven by the Small and medium Enterprises (SME) sector,protection would be useful and relevant only if it were provided legal protection, which can be made possible through a suitably designed utility model framework.
Introduction of a legal framework for protection of utility model in India has been one of the frequently debated issues. India is a country which witnesses end number of innovations every year, be it the product or the process, which are useful to the society.
The database prepared by the National Innovation Foundation (NIF) clearly indicates this scenario. In the light of the fact that India has set a very strong standard for patentability, the question arises as to how to encourage the technically less complex, not so unique but useful innovations.
The argument in favour of having a legislation for protection of utility models in India is based on the following factors:
- It will provide incentive for faster disclosure
- It will generate a pool of incremental innovations which may trigger new innovation.
- Possession of some kind of legal protection will also facilitate actual commercialization of the
incremental inventions since larger companies/corporations tend to be more amenable to
dealing with a legally entitled/authorized right holder of an invention be it in terms of licensing,
assignments etc. of the intellectual property.
Theme of Workshop:
The focus of the workshop is to look into the existing scenario on legal protection of utility models in India and to make a comparative analysis of utility model legislation of various countries with a view to explore the possibility of having a legislation in India.
Call for Papers:
Research papers are invited from Scholars, Researchers, Practitioners, Academicians and Students on issues related to the above theme. Authors of selected papers will be given an opportunity to present their paper in the workshop. Joint authorship is permitted, subject to a maximum of two co-authors. On approval through a peer-reviewing process, the best papers shall be published in the inaugural issue of the ITMU Law Review.
- Deadline for Abstract submission: 20th April,2013
- Acknowledgment: 22nd April,2013
- Deadline for full submission: 30th April,2013
- Workshop date: 4th may,2013
Registration fee: Rs. 500