There has been a recent publication of a very interesting research and discussion based paper by DIPP on the utility model law and its probable applicability under the Indian Intellectual property regime. While it is noteworthy that around the globe many countries already have a well established framework for Utility Model Laws, India still is in the decision making stage of whether to implement the utility model regime or not. According to WIPO statistics there are 55 countries and 2 Inter- Governmental organizations having intellectual property protection via Utility Model Laws. Certainly there are many benefits of bringing the Utility Model Regime in India, it will boost the SME's , MSME's and will correspondingly bring an added GDP to the economy.
More Innovations will be witnessed and the price, time and expenses for gaining such IP protections,will considerably reduce. Inventions which do not fall completely within the scope of patent laws could be registered by the Utility Model route. This will aid in an overall economic development, more inventors and small scale enterprises will indulge themselves into innovation spree. Amongst a few demerits, a primary demerit includes the fact that since there is no substantive examination prior to the grant of such utility models, such a regime can eventually cause weakness in the legal enforcement. A more detailed version of this discussion can be accessed here.
(Image by Svilen Milev)
