International Activities

2013 INDIA representative Delegation

JIPA’s Asia Project sent a 12-member delegation, headed by President Okumura, to Delhi and Mumbai, India, between February 18-23, 2013. The main purpose of this visit was to follow up on the places visited last year, and to understand the ever-changing conditions regarding intellectual property in India.
The delegation visited the 13 organizations listed below to exchange opinions.

• Governmental organizations
  Indian Ministry of Commerce and Industry Department of Industrial Policy and Promotion (MCIDIPP), Mumbai Patent Office, Mumbai Customs, and Council of Scientific and Industrial Research (CSIR)
• IP-related organizations
  JETRO New Delhi, Indian Intellectual Property Group (IPG), Federation of Indian Chambers of Commerce and Industry (FICCI), and Confederation of Indian Industry (CII)
• Law firms
  Anand & Anand, K&S Partners, Kurishna & Saurastri, Khaitan & Co., and Sushant M. Singh & Associates

Ideas and information regarding the following were exchanged during meetings at the organizations mentioned above: the specific implementation and application of the Indian patent system, such as implementation reports; the dissemination of information; compulsory licenses; refusals based on Article 3(d); and the introduction of a utility model system. In addition, participants from both countries committed to continue arranging opportunities to exchange opinions and maintain the cooperative relationships that have led to a positive environment for intellectual property. Both sides felt that the relationship established between India and Japan was further strengthened during this visit.

Following is a brief summary of the topics that were discussed at the meetings.
At the MCIDIPP, the delegation submitted proposals to simplify implementation reports and disclosure obligations, with the aim of reducing the burdens placed on applicants. The Ministry promised to provide feedback on these proposals at a later date.

At the Mumbai Patent Office, the delegation requested that India IP Offices create a more user-friendly data search system, and exchanged opinions with its officials regarding traditional knowledge (TK). They also learned that the Mumbai Patent Office is planning to publish examination guidelines for electronics and computing in the future.

And the delegation requested that the Mumbai Customs ensure customs registration by using ICEGATE, understand the actual situation of injunctions, and improve current customs operations. Customs officers informed the delegation that patent holders often failed to appear when products in violation of a patent were inspected.

And FICCI agreed to consider establishing cooperative relationships with JIPA in the area of human resource development, and all members from both sides firmly believed that bilateral exchange would become even more active. Some FICCI members asked questions concerning the relationship between Japanese rapid economic growth and IP, as India plans to introduce a utility model system in the future.

At the law firms, members of the delegation exchanged ideas with lawyers concerning IP practices, Intellectual Property Appellate Board (IPAB), lawsuits, licensing agreements, and so on. JIPA members were able to obtain useful information during these meetings.

Visits to India in consecutive years (2011 and 2012) have helped to strengthen the relationship between JIPA and Indian organizations.

As result, an environment has been created that enables JIPA to more freely offer proposals for the establishment of a user-friendly IP system in India. It is also anticipated that interesting activities will be proposed, such as establishing a new cooperative relationship in the area of human resource development. In 2013, JIPA will continue to promote activities beneficial to both Japan and India, not only through the Asia Project, but also in cooperation with other expert committees, such as the International Affairs Committee and the Training Planning Committee.

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