Start-Ups Intellectual Property Protection SIPP Scheme to facilitate protection of Patents, Trademark and Designs of innovative and interested Start Ups

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Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP)

Introduction
Intellectual Property Rights (lPRs) arc emerging as a strategic bu siness tool ror any business organization to enhance industrial competitiveness . Stru1-Ups, with limited resources and manpower. can sustain in this highly competitive world only through continuous growth  and development oriented innovations ; for this, it is equally crucial that they protect their IPRs. The scheme   for   Start-Ups Intellectual   Property   Protection   (SIPP)   is  envisaged   to   facilitate protection of Patents, Trademark and Designs of innovative and interested Start Ups.

Vision
To protect and promote Intellectual Property Rights of Start-Ups and thus encourage innovation and creativity among them.

Objective
The scheme of SIPP aims to promote awareness and adoption of Intellectual Property Rights amongst Start-Ups. Scheme is inclined to nurture and mentor innovative and emerging technologies among Start-Ups and assist them in protecting and commercialize it by providing them access to high-quality IP services and resources.

Who Can Apply
Any Start-Up certified by the Start-up Certification Board as having an innovative business.

For this purpose, Start-up means an entity, incorporated or registered in India not prior to five years, with annual turnover not exceeding INR 25 crores in any preceding financial year, working towards innovation, development, deployment or commercialization of new products, processes or services driven by technology or intellectual property,

provided that such entity is not formed by splitting up, or reconstruction, of a business already in existence.

provided also that an entity shall cease to be a Start-up if its turnover for the previous financial years has exceeded  INR 25 crore or it has completed  5 years  from the date of incorporation/ registration    ….

provided  further that a Start-up shall be eligible for availing the benefits of this scheme only after it has obtained certification from the Start-up Certification Board.

Appointment of Facilitators
For effective implementation of the scheme, facilitators shall be empanelled by the Controller General of Patent, Trademark and Design (CGPDTM). The CGPDTM shall regulate conduct and functions of empanelled facilitators from time to time.

In case of any complaint by a Start-Up about a facilitator or on getting information about professional misconduct through any source. the CGPDTM can remove the facilitator from the panel.

Who can be a Facilitator

i Any Patent Agent registered with the CGPDTM .
ii Any Trademark Agent registered with the CGPDTM.
iii Any Advocate as defined under The Advocates Act, 1961 who is entitled to practice law as per the rules laid down by Bar Council of India from time to time, who is well­-versed with the provisions of the relevant Acts and Rules, and is actively involved in filing and disposal of applications for patents, trademarks and designs.
iv. Government  departments/  organizations/  agencies  like  TIFAC,  NRDC,  BIRAC, DEITY, DSIR etc.

Functions of Facilitators
Among other functions as may be decided by the CGPDTM, facilitators will be responsible for:

  • Providing  general  advisory  on  different  intellectual  property  rights  to  Start-Ups on pro bono basis,
  • Providing information on protecting and promoting IPRs to Start-Ups in other countries on pro bono basis,
  • Providing assistance  m  filing and  disposal of the  IP applications  related  to patents, trademarks and Design under relevant Acts at the national IP offices under the CGPDTM,
  • Drafting complete/ provisional  specifications for inventions of Start-Ups,
  • Preparing and filing responses to examination reports 4nd other queries, notices or letters by the IP office,
  • Appearing on behalf of start-up at hearings,as may be scheduled,
  • Contesting opposition, if any, by other parties, and
  • Ensuring final disposal of the IPR application.

Fees of Facilitators
Following fees structure will be applicable to the empanelled facilitators, for any number of patents, trademarks or designs that may be applied for by a Start-Up. The facilitator shall not charge anything from the Start-Up or the entrepreneur, and this fees shall be paid directly to the facilitator by the Central Government through the office of the CGPDTM. This structure may be revised from time to time by the Department of lndustrial Policy and Promotion.

Stage of Payment

Patent

Trademark

Design

At the time of filling of application 10,000 5,000 2,000
At the time of final disposal of application Without opposition 10,000 2,000 2,000
With opposition 15,000 5,000 4,000

Note : If any application  is withdrawn  or abandoned before disposal of application, facilitator shall be entitled to fees only for filing of application and not for disposal of application.

Statutory Fees
The cost of the statutory fees payable for each patent, trademark or design applied for in India or abroad by a Start-Up after launch of this scheme shall be borne by the Start-Up itself.




Period of Scheme
The scheme shall be run initially on a pilot basis, and shall be applicable for a period of I  year from the date of launch of Start-Up India.

Budget
The budget for fue scheme shall be provided from the funds available with the Department.

Ownership of IPR
This scheme shall in no way transfer, either wholly or partially, ownership rights on the IPR created to the facilitator or the Government, and the Start-Up shall have full rights on the IP generated.

Disclaimer
The scheme does not in any way entitle the Start-Up or the facilitator to grant or registration, as the case may be, of the IPR; the applications shall be disposed off as per the relevant laws and , rules.

Application Format

List of Facilitators –  1  Patents / Designs   2. Trademarks

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