StartUps Intellectual Property Protection Scheme
The Government of India to encourage start-ups, launched the Scheme for Facilitating Start-Ups belongings Protection (SIPP). This scheme was initiated to achieve intent on start-ups and protect and promote their holding Rights (IPR) and thus encourage innovation and creativity among entrepreneurs. The Scheme was started on a pilot basis in January 2016 and was good up to March 2020. The Department of Promotion of Industry and Internal Trade (DPIIT) has notified that the SIPP scheme is now being extended further for a period of three years that’s up to March 31, 2023.
Objective Of The SIPP
- The primary objective of the SIPP is to push awareness and acquire belongings Rights among the Start-Ups.
- The program also aims to support and coach start-ups with unique and developing technology.
- To assist Start-Ups in protecting and commercializing belongings Rights by providing access to high-quality IP services and resources.
SIPP Benefits For Start-Ups
- To promote awareness and encourage IPR protection amongst Start-Ups the Scheme for Facilitating Start-Ups holding Protection (SIPP) was launched.
- Start-ups can avail of patent, trademark, and style services by paying them only required statutory fees, and professional fees are excluded as a part of the SIPP scheme.
- The Government would pay nominal professional fees for the services associated with procuring the belongings Rights (IPR) to the advocates or trademark agents answerable for handling the IPR process.
- Start-ups can avail of a whole start-to-end array of services under this SIPP scheme, including general advice, assistance in drafting applications, preparing and filing responses to examination reports, appearing at hearings, contesting opposition, and ensuring the ultimate disposal of the property Rights application.
- For effective implementation of the scheme, the DPIIT has impaneled several facilitators, who are required to produce IPR-related services to Start-Ups.
- As per the scheme, facilitators won’t charge anything from a Start-Up. The fees are paid directly by the govt.
As per the revised guidelines, the Start-Ups enrolled under this scheme won’t be required to get a certificate of an eligible business from the Inter-Ministerial Board of Certification.
Start-Ups Eligibility Criteria For SIPP
To avail of the good thing about the SIPP scheme, companies must be recognized as Start-Ups by the Department for Promotion of Industry and Internal Trade (DPIIT) under the Start-Up India initiative. Start-Ups recognized by DIPP can avail of Property Rights (IPR) related benefits like the SIPP scheme.
The Start-Up must meet the subsequent eligibility criteria to avail of the DPIIT Certificate of Recognition:
- The Period of existence and operations of the Start-Ups mustn’t exceed 10 years from the date of formation
- The DPIIT Certificate of Recognition is provided for the Start-Ups which are incorporated as a non-public Ld., an indebtedness Partnership (LLP), or a Registered Partnership Firm.
- For any of the financial years from its inception, the firm must have had an annual turnover of Rs. 100 crore.
- To get the DPIIT Certificate of Recognition, the corporate shouldn’t are incorporated by splitting up or recreating an already existing entity.
- The entity should be working towards the event of a product, process, or service.
- The entity should have a scalable business model with high potential for the creation of wealth and employment. The firm should have the potential to come up with employment or create wealth.
Know more about the procedure to avail of the DPIIT Certificate of Recognition for Startups
- The Certificate of Recognition given by DPIIT could also be verified from the Start-Up India web portal
- The Start-Ups covered under this scheme won’t be required to get a certificate of an eligible business from the Inter-Ministerial Board of Certification.
- However, Start-Ups are going to be required to provide a self-declaration that they need not availed funds under the other Government scheme to pay the facilitator, patent agent, and trademark agent for filing, and prosecuting their IP application.
Empanelment Of Facilitators
For effective implementation of the scheme, the DPIIT has impaneled several facilitators, who are required to supply IPR-related services to startups. As mentioned above, the facilitators mustn’t charge anything from the startup, and also the fees are paid directly by the govt.
The Controller General of Patents, Designs, and Trade Marks will appoint the facilitators (CGPDTM). The CGPDTM will periodically update the list of eligible facilitators for the SIPP program. The list of facilitators is available on DPIIT’s official website for startups.
- Any Trademark Agent registered with the CGPDTM
- Any Patent Agent registered with the CGPDTM
- Any advocate, as defined by The Advocates Act, 1961, who is qualified to practice law under the Bar Council of India’s standards, is well-versed in the terms of the applicable Acts and Rules and is actively involved in the filing and disposition of trademark applications.
- A department, organization, agency, or CPSU (such as TIFAC, NRDC, BIRAC, MeitY, CSIR, Patent Information Centers (PICs), and Technology and Innovation Centers) through a licensed agent (TISCs)
Note: However, it’s to be clarified that the IP application has got to be signed by someone authorized to try and do so under the provisions of the relevant Act and Rules.
Responsibility For Facilitators
Facilitators are liable for the subsequent functions as per the Scheme for Facilitating Start-Ups Property Protection (SIPP).
- Facilitators will give general advisory on different belongings rights (IPR) to Startups on an unpaid basis
- Providing information on protecting and promoting IPRs to Startups in other countries on an unpaid basis
- The facilitator will assist in filing and disposal of the IP applications associated with patents, trademarks, and style at the national IP offices under the CGPDTM
- Developing provisional and comprehensive patent requirements for startup inventions
- The facilitator is responsible for organizing and filing replies to the IP office’s inspection reports and other inquiries, notifications, or letters.
- Appearing on behalf of a startup at hearings
- Contesting opposition, if any, by other parties
- Ensuring final disposal of the IPR application
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