Japan & India Vowing To Grow Together In The Field Of IP

One of the latest developments in the economic relations between the two Asian countries – Japan and India is the implementation of pilot program of Japan-Indian Patent Prosecution Highway (PPH) in the first half of fiscal year of 2019.

The two countries have always been collaborating with each other through different projects in various fields. One such association is present in the field of Industrial Property since 2015, where a Memorandum of Cooperation (MOC) was signed by the countries in order to further the investment and business expansion by Japan’s industrial sector in India, which is believed to have an incredible potential to become one of the leading markets in the world and a hub for innovation, research and development.

Further, in May 2017, the Japan Patent Office and the Office of Controller General of Patents, Designs & Trade Marks (CGPDTM) of India signed an enhanced new Action Plan, where both the bodies would perform new initiatives with respect to Intellectual Property such as follow-up of training courses for new Patent Examiners of CGPDTM or sending JPO officials who are well-Versed with Patent Prosecution highway (PPH) to India.

Later, on October 30 this year, the Prime Ministers of India and Japan proceeded their cooperation for developing and enlarging the scope of Intellectual Property Rights by realizing the true potential of India-Japan economic partnership. They mostly focused on Patent prosecution which led to Japan’s strong support for key transformational initiatives such as “Make in India”, “Skill India” and “Clean India Mission”, through sharing of resources and advanced technologies, and active mobilization of Japanese public and private sector investments. Identifying such co-operation of the two countries in the field of Intellectual Property Rights, Japan and India agreed to start a bilateral Patent Prosecution Highway Programme on pilot basis in certain identified fields of inventions during the first quarter of Financial Year 2019. Through this, they welcomed the expansion of Japan’s Foreign Direct Investment in India under the “India-Japan Investment Promotion Partnership”, the progress made in Japan Industrial Townships (JIT) and other initiatives included in the Japan-India Roadmap for Investment Promotion.

This program is expected to be beneficial to both the countries in many ways. Now, the Japanese companies can request for expedited examinations in India through simplified procedures, based on their applications whose claims have been determined to be patentable in Japan and after claims can also be determined to be patentable in Japan, applicants can acquire patents swiftly and expand their business smoothly in India. On the other hand, India can emerge as the favorite place of making investments as Japan would be making lot of investments in India, especially in the field of IPR.

Author: Pratistha Sinha, Trademark Associate at  Khurana&Khurana, Advocates and IP Attorneys. In case of any queries please contact/write back to us at pratistha@iiprd.com.

References:

[1] http://pib.nic.in/newsite/PrintRelease.aspx?relid=184458

[2] http://www.meti.go.jp/english/press/2018/1030_001.html

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