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Memorandum of Understanding between ..

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Memorandum of Understanding between the Intellectual Property Office of India and the European Patent Office Caters the Development of the Patent System


As, India is rapidly developing country and having second largest population in the world, many developed countries are willing to set up their business in India. But, when the question of protection for their technology in India arises, it seems very difficult for them to put their steps in India, due to slow and complicated patent system in India. In order to overcome this lackingness, the Intellectual Property Office of India (IPO India) and the European Patent Office (EPO) have renewed their co-operation on patents, by signing a Memorandum of Understanding (MoU) on bilateral co-operation establishing a framework for structured work relations between the IPO India and the EPO, as an effort to support innovations in both the regions. The MoU has been signed for at least four years and with this move the IPO India and the EPO have also signed the first biennial work plan under the MoU.

This agreement intends to promote the technical co-operation and exchange of best practices in areas such as patent examination, administration and information between both the regions, in order to support the development of patent system in terms of service delivery and efficiency in both the regions. This agreement will be very helpful for the European companies for protecting their technologies in India, by means of which the European companies will be encouraged to set up their businesses in India and spread their technologies throughout the country. Also, said agreement will be helpful to the Indian applicants to expose their technologies in the European market, which will be beneficial for the technological as well as economic development of both the regions. It is also believed that this agreement will strengthen the relationship between both the regions in the matter of patent issues.

The EPO, with its intention to support the innovation as well as the user community, has also entered into a co-operation agreement with the Association of European Chambers of Commerce and Industry (EUROCHAMBRES). By implementation of this agreement, the European enterprises are provided with advises on Indian IPR issues, which helps the European enterprises when making a decision to file patent applications in India. This agreement aims to promote the European patent system in India and to support technology transfer between both the regions.

The statistic details available at the EPO's website show that in what extend the numbers of patent applications (national applications as well as international applications) filed by the Indian applicants have increased considerably in recent years and how the EPO participates in it. According to said statistic details the national applications as well as international applications filed by the Indian applicants are considerably increased approximately by 11% and 32% respectively in 2012-13 alone. Also, from the total international applications filed by the Indian applicants in 2013, approximate 51% of the applications were filed in EPO alone. The statistic details also depict that how the European companies play an important role in the Indian patent filings. It shows that the contribution of the European applicants in filing of patent applications in India is approximately one third of the total foreign patent applications received by the IPO India and which remains stable. This statistic details clearly exhibit that the MoU will play a remarkable role in the relationship between the IPO India and the EPO.

Also, a new work plan has been signed between the EPO and the Department of Electronics & Information Technology (DEITY) of the Government of India, in order to set a new platform for co-operation in the field of Information and Communication Technology (ICT) related patent matters. By this agreement, Indian and Europe both have put their steps forward to strengthen the relationship between both the regions in the field of Information and Communication Technology (ICT), as a result of which the owners of Information and Communication Technology (ICT) from the two regions are encouraged to exchange their technologies among each other by the medium of patent protection.


   Contributed by :Mr. B. Prabhakaran - Patent Agent
   Designed By : Vikash Singh

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