Intellectual Property Rights (lPRs) are emerging as a strategic business tool for any business organization to enhance industrial competitiveness. Start-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.
To protect and promote Intellectual Property Rights of Start-Ups and thus encourage innovation and creativity among them.
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.
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 seven years (in the case of Startups in the Biotechnology sector, the period shall be up to ten 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 7 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.
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.
Among other functions as may be decided by the CGPDTM, facilitators will be responsible for;
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 Industrial Policy and Promotion.
Stage of Payment |
Patent |
Trademark |
Design |
|
At the time of filing 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/- |
4,000/- |
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.
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.
The scheme is currently applicable until 31.03.2020.
The budget for the scheme shall be provided from the funds available with the Department.
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.
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.
Source : Startup India
Last Modified : 2/21/2020
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