Transcript Innovation based Enterprises, Intellectual Property

Innovation based Enterprises, Intellectual
Property and competitiveness of start-ups,
spin-offs and MSMEs in knowledge driven
economy of 21st Century: Are Indian MSMEs
ready to compete
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Presented by:
Dharmendra Prakash
Joint Development Commissioner
Ministry of MSME, GOI
What constitues MSMEs
• As per MSME Development Act, 2006
Category
Micro
Small
Medium
(All figure in Rupees in lakh)
Services
Upto 10
10-200
200-500
Manufacturing
Upto 25
25-500
500-1000
An Overview of MSMEs
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26.1 million units
59.7 million persons
45% contribution in manufacturing output
40% contribution in total exports
More than 6000 products
8% contribution in GDP
Higher growth rate than industrial sector
Characteristics of MSMEs
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Low investment
Indigenous Technology
Decentralized growth
Low in technology
R&D issue
Intellectual Property Rights(IPR)
Labour laws
Intellectual Property
IPR gives rights to the creator to prevent others
from using their invention, designs or other
creation and also to use that right to negotiate
payment in return of others using them
• Legal rights - which result from intellectual activities in
industrial, scientific, literacy & artistic fields.
• Intellectual Property (IP) Laws - safeguard creators and other
producers of intellectual goods & services by granting them
certain time-limited rights to control their use.
• Protected IP like other Property - can be a matter of trade,
which can be owned, sold or bought.
• Major Distinguishing Feature - intangible and non-exhausted
consumption.
Tools of Intellectual Property Rights
• Patents : Statutory monopoly right granted for an invention
• Copyrights and related rights: Protects original literary,
dramatic, artistic and musical works.
• Trademark: Distinctive sign which identify and distinguish the
source of goods.
• Industrial Design: Protects the features of shape,
configuration, pattern etc.
• Trade Secrets: Confidential business information.
• Geographical Indications:
• Protection of New Plant Variety: Protect the New Plant
Variety.
• Layout designs of Integrated Circuits (IC): Protection for
layout designs for semi conductor IC.
Scheme of the Ministry of MSME
• Building Awareness on IPRs in MSMEs in
India under NMCP during 11th Five year
plan
• Total budget allocation Rupees 50 crores
• The scheme became operational in 2008-09
• Implementation as per PPP mode
Main Activities
Sl.
No.
Activity
Max. grant (Rs. in
lakh)–per proposal
(a)
Awareness/ Sensitization Programmes
1.00
(b)
Pilot Studies.
2.50
(c).
Interactive Seminars/ Workshops.
2.00
(d)
Specialized Training.
(i) Short term (ST)
(ii) Long term (LT)
(i) ST- 6.00
(ii) LT-45.00
Grant on Patent/ GI Registration.
(i) Domestic Patent
(ii) Foreign Patent
(iii) GI Registration
(i) 0.25
(ii) 2.00
(iii) 1.00
(e)
(f)
Setting up of ‘IP Facilitation
Center for MSME’.
(g)
Interaction with International Agencies.
(i) Domestic Intervention
(ii) International Exchange Programme
65.00
5.00
7.50
IPR Legislations in India
• Patents Act 1970 as amended in 2005
• Industrial Designs Act-2000
• Trade Marks Act 1999
• Geographical Indication Act1999
• Copy Right Act 1999
• Protection of Plant Varieties & Farmers’
Rights Act 2001
• The Biological Diversity Act,2002
Competitiveness and IP protection
• Preventing competitors from copying or closely
imitating
• Avoiding wasteful investment in R&D and marketing
• Creating corporate identity,branding strategy
• Increasing marketing value of the company
• Acquiring venture capital and enhancing access to
finance
• Negotiating licensing ,franchising
The Present Status
• Very poor/ Limited IP penetration except in few sector like Drug &
Pharmaceuticals, Publication Industries etc.
• Multiple agencies (MSME, DIPP, DST, MoA, MOEF etc.)
• Complex web of Attorneys, Granting agencies, Transaction Time,
Prohibitive Costs etc.
• Role of Industry Associations
• Export Promotion Councils
• The Watch List (USTR)-adequacy & effectiveness of IPRs
• Patent Centric IPRs
• Commercialization
• Food Chains
Tasks ahead
• Co-ordination amongst various agencies
• Awareness Programmes/Dissemination of
information
• Simplified procedures
• Marketing strategy- Brand consciousness
• Need to study contemporary practices
• CDIP
THANK YOU