Can a utility model system specially designed to promote innovation constitute a viable alternative to the patent system? A discussion paper by the department of industrial policy and promotion (DIPP) puts forth this question in the backdrop of its view that there is a need to recognize and support the widest possible spectrum of innovative activity while being committed to resist dilution of patent standards.
Utility models, also known as lesser forms of patent protection, co-exist with the patent system in most countries under different names and varying features, however there are common elements such as their short term of protection and the relatively easy access of these systems vis-à-vis patent protection. Therefore, it can be safely said that a utility model provides a framework for limited protection to innovations, which may not meet the standards of the Patent Act.
A utility model system's main features may broadly be categorized under four headings namely (1) protectable subject matter, (2) conditions for protection, (3) application procedure and (4) scope of protection. The discussion paper asks relevant questions on these areas as well as raises pertinent issues on the legislative route to be adopted for enacting a law on utility model, the nature of linkages between utility model and the existing Patent law, whether traditional knowledge can be protected through a utility model system, what enforcement procedure should be put in place and what should be the dispute resolution mechanism as well as how to obviate any concern between public interest and monopolistic dominance.
A preliminary reading of the discussion paper shows an argument in favour of encouraging minor technical inventions by suitably protecting them under a legal framework. It further adds that given these incremental innovations, which use local resources in a sustainable manner, are primarily driven by small and medium enterprises sector, such protection would be useful and relevant only if it were provided through a legal framework which is simultaneously not demanding, quick, cheap and simple and all these requirements presumably can be met through a suitably designed utility model framework.
The discussion paper further goes on making a case for all developing countries to adopt a utility model framework by emphasizing its role in encouraging innovation and providing a cheaper source of protection than patents. The adoption of a utility model framework for India is argued on the basis that it will provide incentive for a faster disclosure and generate a pool of incremental innovations that may trigger new innovations. If this proposal to examine the viability of introducing Utility Models into IPR regime fructify then innovations from the rural hinterland may get exclusivity for their low-end creative solutions.
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