Startup India refers to action plan announced by PM Modi that defines “Startup” & introduces recognition procedure for startups in India.
As may be seen, the startup India action plan introduces constitution of Inter-Ministerial Board along with a new category of white industries. The action plan as introduced by government of India provides provisions for self-certification of startups for Labour Laws Compliance along with relaxed norms of Public Procurement for startups.
Startup India Action plan is aimed at providing tax exemption for startups on investments above Fair Market Value (FMV). The action plan introduced by government of India also includes ‘Atal Tinkering Laboratories’ under Atal Innovation Mission, ‘Atal Incubation Centres’, and Atal Innovation Mission National Initiative on Developing and Harnessing Innovation (NIDHI).
For facilitating filing of patents and trademarks in India, the government of India under Startup India Action Plans has proposed legal support and fast-tracking patent examination at lower costs scheme under Start-Ups Intellectual Property Protection (SIPP), which also includes a provision for IP facilitators.
The SIPP is aimed at making IP Protection strategy imperative for Startups in India by promoting awareness and adoption of Intellectual Property Rights (Patents, Trademarks, Designs) and also provide startups with access to high quality IP Services and Resources by way of IP Facilitators.
To avail these benefits, Start-Ups are required to be certified by Start-up Certification Board as having an innovative business with a legal entity incorporated or registered in India not prior to five years. Additional conditions include an annual turnover not exceeding INR 25 Crores in any preceding financial year. All the benefits shall be available to the eligible startups after obtaining Certificate from Start-up Certification Board.
IP Facilitators are empanelled by the Controller General of Patent, Trademark and Design (CGPDTM) and eligibility criteria includes, Patent Agents registered with CGPDTM, Trademark Agents registered with CGPDTM, and Advocates entitled to practice law under The Advocates Act, 1961. In addition, government departments/ organizations/ agencies like TIFAC, NRDC, BIRAC, DEITY, DSIR can also act as IP Facilitators.
Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.
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