International Activities

Dispatch of a Delegation to India in 2012

The JIPA Asia Project dispatched 13 delegation members to Delhi and Bangalore in India from January 15 to 22, 2012. As for India, this delegation, which was headed by Managing Director Kenichi Osonoe, was the first in three years since the last delegation sent in November 2008.

This time, the delegation visited a total of 13 institutions to make requests to public institutions about intellectual property systems and practices and also to collect information from private institutions.

At these institutions, the delegation was able to actively exchange opinions about India¡Çs IP systems and application/litigation practices. These institutions also asked some questions about the Japanese IP systems and practices. The delegation used this opportunity to explain the Japanese IP systems to India¡Çs IP experts. To the MCIDIPP, the delegation conveyed Japanese companies¡Ç requests such as the introduction of the PPH, the statements regarding on working of patents, and the simplification of the information disclosure requirements. In response, the DIPP commented that, if JIPA sends a concrete proposal for making it easier for companies to prepare such statements, the DIPP would study the proposal.

To the Delhi Patent Office, the delegation conveyed requests for improvement of the accuracy of patent information and for enhancement of search databases. The delegation also obtained information on the Office¡Çs workflow for handling patent information and on its database enhancement plan.

At the Competition Commission of India (CCI), the delegation was informed that it was a new organization established in 2009 primarily for supervising M&A activity. The delegation was advised to contact the FICCI or use the government-to-government route to request the establishment of an unfair competition law to handle unfair competition cases, which are currently subject to common law in India.

At the Delhi High Court, a judge explained the measures already taken to expedite IP trials. The delegation was able to obtain information that would greatly help Japanese companies devise effective IP strategies for their operations in India.

Furthermore, regarding the ICEGATE of Indian customs, the delegation was able to obtain information on the overall picture of the electronic registration system, IP-related processing and procedures, etc.

At private institutions, the delegation was able to obtain information on IP legal outsourcing practices and commercial databases for searches on Indian patents and designs. The delegation was also given opportunities to learn about the IP management of global companies having IP departments in India. The delegation was impressed by the rapid development of the Indian IP environment and has come to the conclusion that it is very important for JIPA to collect information through regular visits to India and to present opinions and proposals in a timely manner. The delegation has realized that the Indian IP systems and IP policies are much more sophisticated than what Japanese companies imagine them to be. This realization has made the delegation members reconsider their IP strategies for India.

The Asia Strategy Project plans to make the most of the ties with various institutions that the delegation has established in the course of this visit and to continue making proposals to India in the next fiscal year with the aim of making the Indian IP systems more user-friendly.

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