The Cell for IPR Promotions & Management (CIPAM) under Department of Industrial Policy and Promotion (DIPP) has released an IPR Awareness Manual for industries on 25th March 2021 to assist industries/businesses within India and coming into India. It aims to facilitate a better understanding of how to have innovations registered and protected as well as enforced under the various Intellectual Property (IP) laws. The goal of this Manual is to serve as a guide for businesses relocating to India in order to develop their intellectual property, protect it against infringement, and profit from it.

The Manual explains the registration procedure of copyrights, patents, trademarks, designs, and geographical indications by laying down the various stages of registration, documents required, compliances involved,  to make it easier for companies.  It addresses the different kinds of infringements related to intellectual property, lays down the relevant statutory provisions and helps understand the remedies available to businesses under the various IP acts. The Manual also deals with information relevant to industry/businesses right from registration fees to the remedies available for one when their IP rights have been infringed. 

The Manual highlights the initiatives of the Government of India to strengthen innovation and creativity through start-ups & industries such as the scheme for facilitating the Start-Ups Intellectual Property Protection (SIPP). For example, MSMEs and Start-Ups can now file for expedited examination of  applications, along with 8 other classes of both Indian and foreign applicants, under the amended patent rules, wherein Start-Ups from around the world will be able to register their patent in India at a faster pace and at a much lower cost. With the revision to the patent regulations, there is no fee payable if the applicant withdraws his or her application.Further, the Manual discusses that online hearings were implemented to improve communication and decrease distance barriers, as well as save applicants’ time and effort.  The automatic issuance of an electronic patent certificate by the CGPDTM office to make it easier for businesses has also been provided in the Manual.

The Manual draws attention to customs seizures and civil litigation are two popular options amongst many for enforcing IP rights against unauthorised usage in India. The manual is intended to serve as a handy one stop reference for SMEs and other small-scale enterprises looking to accelerate and promote their innovation by properly registering and protecting their IP. 

The Manual is accessible here: http://cipam.gov.in/wp-content/uploads/2021/03/IPR_Awareness_Manual_for_industrieupload-version.pdf 

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

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With the view to stimulate innovation and creativity among the Start-ups, Department for Promotion of Industry and Internal Trade (DPIIT) had launched the Scheme for facilitating Start-ups Intellectual Property Protection (SIPP) in 2016. Initially the scheme was launched on a pilot basis till 31^st March, 2020. This scheme has now been extended up to March 2023 with certain amendments in it.

The growing significance of Intellectual Property Rights (IPRs) among the Start-ups calls for an equally sustainable strategic business tool in order to endure in an aggressively competitive world. The SIPP scheme envisions to cater to Intellectual Property protection for inventive and interested Start-ups. Providing premium IP services as well as resources for the protection of technologies used by the Start-ups the scheme leads the way towards awareness and adoption of IPRs among these Start-ups.

For the successful execution of the scheme, the Controller General of Patents, Designs and Trade Marks (CGPDTM) shall empanel the facilitators. The scheme stipulates the requirements for who is eligible to apply for availing the benefits of the scheme; empanelment of facilitators; eligibility for becoming a facilitator; their functions and duties and fees of the facilitators. The CGPDTM will also be responsible for regulating the facilitators judiciously.

These facilitators are mostly CGPDTM registered Patent or Trademark agents and have the requisite qualification for offering general advisory on various IPRs to the Start-ups to even protecting and promoting their IPRs in other countries as well. They are well-read with the relevant provisions of the Statues and Rules, while actively practicing the law in accord with the Bar Council of India.

The facilitators will be in charge of carrying out the tasks that the CGPDTM has determined. They will be responsible for a variety of tasks, including providing IPR protection information, assisting in the filing and disposal of IP applications, drafting patent specifications for start-up inventions, preparing and filing responses to examination reports, appearing on behalf of start-ups at hearings, and even contesting opposition and ensuring the final disposition of the IPR application.

As far as the fees of the facilitators is concerned, it shall be payable only through the office of CGPDTM and nothing would be charged from the Start-ups or the entrepreneurs. Most of their services shall be on the pro bono basis. The scheme clearly specifies the amount of facilitator’s fees, which may be claimed for the different stages of application for Patent, Trademark, and Design. Finally, the full ownership of the IPR shall be that of the Start-up alone.The Scheme is accessible here: 680_1_SIPP_extension_as_approved_by_SIIT.pdf (cipam.gov.in).

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

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An influencer is someone, who has access to a large audience along with the power to affect the purchasing decisions of the consumer. Owing to their influence on the audience, influencers have the power to alter consumer opinion on a product or service and therefore purchasing decision.  The trend of social media influencers is not new, but rather has been prevalent for quite some time. There are many social media influencers with a significant number of followers, engaged in endorsement of goods and services of different brands.

Nowadays, virtual influencers are also trending on social media and gaining popularity. As the name suggests, virtual influencers are influencers with virtual identity and could be understood as an artificial computer-generated influencer driven by artificial intelligence, with the possible appearance, characteristics and personality of a human being. Just like a social media influencer, these virtual influencers also have access to large audience on social media, one such examples is the Instagram account of the famous virtual influencer Miquela with around three million followers.[1] Owing to such large audience and fandom, virtual influencers could also influence and alter the purchasing decision of a consumer, just like an any other social media influencer. Hence, it is important to regulate the claims and endorsements made by the virtual influencer as well. However, since liability cannot be imposed on the virtual influencer, the question arises should the liability be shared between the brand-owner and the companies behind such virtual influencer?

So far, the reference to virtual influencer could only be found in the recently issued Advertising Standards Council of India (ASCI) guidelines for “Influencer advertising on digital media”[2], defining virtual influencer as , “…fictional computer generated ‘people’ or avatars who have the realistic characteristics, features and personalities of humans, and behave in a similar manner as influencers.” and also putting a liability on virtual influencers to disclose to the consumers that they are not interacting with a real human being. The new ASCI guidelines could be seen as a first step towards recognition of virtual influencers.

That said, since virtual influencers are a product of Artificial Intelligence, and cannot act independently, there is a need to put liability on the person behind these virtual influencers and need for due-diligence to be exercised by both brand owners as well as the companies behind these virtual influencers.

[1] https://www.instagram.com/lilmiquela/?hl=en

[2] https://asci.social/guidelines

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

Copyright: ALG India Law Offices LLP

There seems to be a prevalent trend in most law universities in terms of career choices. Students are molded to aspire to the law firm life- join the elite group of lawyers, gain access to a plethora of resources and obviously an attractive remuneration. Discussions about the possibility of going solo are rarely serious or substantive. Initiating such discussions in law schools can even be met with derision. Going solo entails straying from the path of joining a law firm and starting one’s own practice, either individually or as a firm. The divergence is often stigmatized to mean a failure at securing a law firm job.

Working at a law firm from the nascent stage provides opportunity for learning and is believed to be more forgiving of errors. In reality, however, different law firms can be less or more forgiving of errors made by trainee associates and junior associates. The grooming in a law firm, coupled with the ample resources, in my opinion chisels amateurs into successful lawyers. Law firms provide the stability required to grow in the initial years and help expand the professional network of peers and clients alike.

The hours expected to be put in a law firm can, however, become overwhelming and adversely affect the personal life. Mentoring on an established platform is seldom done. So, the young talent start aping the spent forces to fit into the system. Individuals with possible knowledge solutions and innovation struggle to establish personal identity.

Intellectual leadership is a possibility when one breaks free of the establishment. Disruptive innovation happens when they dare to err. A solo practice might have a slow start but often ensures greater prospects of growth in the longer run.

However, solo practice as an IP lawyer might not draw in the clientele, who normally aim for the top tier firms having goodwill and reputation. A solo practice belies the belief of having enough expertise and resourcefulness to thrive in a field as technical as IP. Also, the shortage of capital and time limits the number of cases that can be handled efficiently by a single lawyer.

To conclude, this author is of the view that different paths work for different people. While it may seem challenging to someone to turn down a steady income and stable job and dive into the uncertainties of going solo, others revel in the freedom and independence it brings. Whether to go solo or not is and should be a highly personal decision based on self-awareness as well as an assessment of the market and industry trend. The trajectory of the career graph is also individual specific and there is no right or wrong time to venture into solo practice. For a young lawyer wanting to practice IP law, the technical nature of the IP field must also be kept in mind while considering the path to adopt. 

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

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The Advertising Standards Council of India (ASCI), has now released its final guidelines for “Influencer advertising on digital media”. Earlier in February, 2021, ASCI released the draft guidelines for “Influencer advertising on digital media” for stakeholder consultation and based on the feedback received, has now released the final guidelines.

The guidelines define an influencer as someone who has access to an audience and the power to affect their audiences’ purchasing decisions or opinions about a product or brand, because of their authority, knowledge, position, or relationship with their audience. The final Guidelines has also added the definition for virtual influencer as, “…fictional computer generated ‘people’ or avatars who have the realistic characteristics, features and personalities of humans, and behave in a similar manner as influencers.”   

As per the guidelines all advertisements published by social media influencers or their representatives, on influencers’ accounts must carry a disclosure label that clearly identifies it as an advertisement. This disclosure is required if there is a material connection between the advertiser and the influencer. The material connection is not limited to monetary compensation but also includes other compensations, free gifts with or without any condition. Disclosures are required even if the evaluations are unbiased or fully originated from the Influencer, as long as there exists a material connection between Advertiser and Influencer.

Under the guidelines the disclosure should be upfront and prominent so that it is not missed by an average consumer. Unlike the earlier draft guidelines for stakeholder consultation, which restricted disclosure label options strictly to five hashtags, #ad, #collab, #promo, #sponsored  and #partnership. The final guidelines provides a list of disclosure label options to choose from which includes, Advertisement, Ad, Sponsored, Collaboration, Partnership, Employee, Free gift.

Earlier, the draft guidelines provided that in the case of a brand using a virtual influencer, the onus of the disclosure is upon the advertiser. However, the final guidelines provide that a virtual influencer must additionally disclose to consumers that they are not interacting with a real human being. The final guidelines provide that the responsibility of disclosure of material connection and also of the content of Advertisement is upon the Advertiser, and also upon the Influencer. The final guidelines do not have any separate liability in case of virtual influencer with respect to disclosure of material connection.

The final guidelines are accessible here: https://asci.social/guidelines. The guidelines will be applicable to all promotional posts published on or after June 14, 2021.

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

Copyright: ALG India Law Offices LLP