The Confederation of Indian Industry (CII) on Monday proposed a system to be implemented to prevent sales of those products on e-commerce platforms which are a “dead copy” of specific product as unfair competition. In a report on intellectual property rights (IPR) Issues with Respect to Manufacturing Sector, the industry body also suggested creating a special arrangement to fasttrack patent grant for manufacturing technologies reducing carbon and greenhouse gas emission, and re-establishment of specialised tribunal or arbitration cells for IPR matters.
It emphasised on the clarity of responsibility (Elimination of counterfeiter, sharing information of counterfeiter and conduct countermeasure to prevent counterfeit products sales) regarding IP infringement products sales by e-commerce platforms.
Noting that customers get confused to distinguish between genuine and non-genuine product, CII said: “The takedown of counterfeit products will contribute to healthy development of e-commerce”, and that elimination of counterfeit products and prevention of freeride would realize to provide protection of customer and fair competition.
Re-scoping of Bio-diversity Act for promoting easier bio-resource access to manufacturing, companies producing products to support circular economy and sustainability goals, and lack of statutory trade secret protection are some of the broad challenges related to the IPRs, according to the report.
The challenges have been highlighted amid India’s plan to increase the share of manufacturing in GDP to 25% by 2025.
In a separate report on IPR issues with respect to the pharmaceutical sector, it highlighted the lack of specific timelines in IPR procedures, slow-moving IPR Litigation and restricted scope of research exemption (Bolar provision) in certain countries such as Ukraine, Russia, and Brazil, as key issues.
Post the abolishment of IPAB, to reduce pendency in high courts, it recommended to create a “Patent Appellate Board” within patent office.
“An appeal system is always beneficial to justice delivery and many countries have in place such a system,” it said, referring to Europe’s Board of Appeal where an appeal can be filed against decisions of the departments of first instance of the European Patent Office (EPO).
Cumbersome National Biodiversity Authority (NBA) approval requirements for inventions using biological resources obtained from India was another concern.
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