Gujarat lacks infrastructure to handle IPR issue: IPPA

Ahmedabad, Nov 7 (UNI) Gujarat may be the hub of industrial and financial activity, but it lacks good infrastructure to handle Intellectual Property Rights and trademark issues.

Stating this, Mr Rashikant Trivedi, Hon Secretary of Intellectual Property Practitioners Association (IPPA) said, ''Though there is an office to handle IPR issues here, apart from Delhi, Mumbai, Kolkata, Chennai, it lacks good infrastructure.'' The Association in a memorandum to the Parliamentary Standing Committee headed by Kashiram Rana, MP, today demanded a well-equipped office be set up here, to cater to the growing demands of the industry, especially with many national and international business players making a foray into Gujarat.

''Given the kind of revenue generated here on the basis of trademark registrations alone, it is in the interests of the industry to have an exclusive IP building that will discharge its duties better and cater to its growing demands,'' he said, adding the revenue has increased from Rs 45,635 crores in 2000 to Rs 1,96,86,323 this year.

Also speaking on the occasion, Mr Jatin Trivedi, a leading IPR practitioner said since 2003, the trademark Act has undergone modifications and now includes protection to service mark, special provision related to well-known trademarks and provision related to intellectual property appellate board.

''The change had a direct impact as the number of applications suddenly went up. This in turn had an effect on the revenue as well,''he added.

Ahmedabad has the jurisdiction of Gujarat, Rajasthan, Diu, Daman and Dadra Nagar Haveli for trademark registration. Although the city branch handles the trademark applications, the office is not equipped with the authority to handle cases for patents, designs and also geographical indication, he said.

Although registrations are done at the Ahmedabad office, the lack of space is a major hindrance, he said.

Poor facilities to store records make it difficult to access them when required. Quite often it leads to problems because filing is not done on time due to the unavailability of the documents. Often this delay proves to be costly since orders are passed in the absence of important documents, which could not be produced on time.

Besides, the Opposition, rectifications and Interlocutory petitions i.e. other legal processes have to be filed at the respective registry. As per the annual report 2004-05 of office of the Controller General of Patents, Designs, Trade Marks and Registrar of GI, it has been found that Ahmedabad with 632 stood third when it came to filing such processes, after Mumbai (1188) and Delhi (977).

The Association has also called for mandatory registration clause to generate more revenue and for better protection. ''Since trademark registration is voluntary, there is a lack of awareness among the people. Making the registration compulsory will help people understand the significance of the law and utilise it to the best of their advantage,'' it said.

It also said online search facility exclusively to the registered agent / practitioners / advocates should be provided as it will not only save time but also provide easier access to new developments in the field.

It also demanded e-payment facility to generate better response within a short period and also go a long way towards creating a paperless environment There is also a need for qualified manpower and systems for speedy disposal of pending issues, it said. It will help tackle any delays in applications. Moreover training programme for staff members as well IP practitioners at regular intervals will help in updating their skills and improve on their performance, it said.

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