A Short Survey Report on IPR

A short quiz on Intellectual Property Rights was conducted by me on 21.05.2021 during the Lemon Ideas?webinar for Startup Orissa where I was the speaker of the session. The quiz consisted of 5 simple scenario based questions of 2 points each on IPR to test the basic understanding of the participants of the webinar. Maximum score was 10 points. Total 30 responses were received for the online quiz. The average score of the responses was 7.13 which is good but needs improvement as the questions were really basic. Let me share some insights from the responses and my discussion with the participants as I tried to answer their queries afterwards.

Responses on the Questions:

(1)

The responses show that majority of respondents understood the relevance of Trademark Registration. However some had doubts whether a logo could be copyrighted or registered as a design. This is where it gets complex. While a logo design could be a part of a copyrighted content and a logo could be applied as a design, thus making it possible to register as a design for specific purposes, in the scope of this question the right answer would only be ‘Register a Trademark’.

(2)

This was a tricky question because it points towards elements of creativity, manufacturing and design hence 30% of the respondents wrongly answered other options like Patent, Copyrights or Trademarks. In this case the most logical answer was the most simple one – Design registration. This shows there is a need for more awareness about this form of IPR.

(3)

When I asked the respondents who answered ‘None of the Above’ in this question they seemed to be in a dilemma about the nature of IPR relevant to what we generally define as ‘Content’. Quite certainly the understanding of future litigations and the costs involved in using unlicensed artwork or content has to be seeded more deeply into the minds of people so that they take Copyrights more seriously. In most cases I’ve found businesses not in the practice of officially Copyrighting their content. Also a wider understanding of copyrightable content has to be developed especially amongst entrepreneurs.

(4)

In India it is a common misconception that software can’t be patented. Well it is true that mere arrangement of computer code would not receive a patent but a combination of computer programme and hardware could be patented. Sensor based technologies, IOT and automation software can be patented. Database management software which offers an improvement over existing processes could be patented if the patent application is drafted properly. Even mobile apps can be patented if it has an element of UI/UX or any feature innovation which does not exist already. ?

(5)

About 40% respondents didn’t know about this aspect of IPR. A collective IPR of Geographical Indications could be very beneficial to traditional artisans as well as to those who wish to form a cluster of producers of a particular type of item. The identification of objects as GI needs leadership.

(6)

It was a good feeling to find out that an overwhelming majority of respondents believed that IPR will open up more avenues for their business and that they should be more particular about it.

(7)

It is not surprising to know that a majority of respondents never received any institution help on IPR. The MSME schemes for IPR and the facilitation available through the IP cell of MSME Facilitation Centers under PPDC Agra set up at various districts should be more accessible to the businesses especially the startups. Chambers of Commerce should take a definitive lead in this area and provide institutional support in IP besides building awareness.

Some respondents shared their troubles in handling their IP filings through legal agencies. There is lack of transparency and the consultants are not proactive in protecting the IPR of their clients. This needs to be addressed. Many a times MSMEs and Startups would not have the resources and the time to actively pursue IP searches or legally defend their IP. As a result their innovation or creation is vulnerable to infringement or worse, they could be litigated by others who manage to claim their invention, trademark or content by filing ahead of the original owner.

On a positive note, it was good to know that few respondents had invested in IPR and were owners of Trademarks and Patents. However that number is very small and needs to increase exponentially if India has to become a hub of intellectual property owned by indigenous businesses.

Suggestions:

a.??????The business owners / startup founders need to develop more clear perception of IPR

b.?????The legal understanding of the IP registration needs to be delivered

c.??????Commercialisation aspect of IP has to be talked about more and support provided

d.?????Protection of IP is the next stage wherein MSMEs have to be ready to invest in litigations against infringements. Strong collective legal counsel has to be provided.

e.?????Institutional facilitation has to be made more accessible

This report is available as a PDF downloadable: