Utility model: DIPP comes out with a discussion paper

Lex Orbis
Manisha Singh Nair
[email protected]

The Department of Industrial Policy and Promotion (DIPP) under the Ministry of Commerce and Industry, India has come up with a 'Discussion Paper' (the Paper) to examine the viability of introducing Utility Models into the Indian intellectual property rights (IPR) regime. The Paper argues that a legal regime on utility models can raise the possibility of receiving exclusivity for commercially- exploitable and socially-relevant creative solutions from the rural hinterland. The Paper furthers the argument for the need to encourage minor technical advances by suitably protecting them under a legal framework. These incremental innovations, which use local resources in a suitable manner, primarily drive the small- and medium-sized enterprises (SMEs) sector and that such protection would be useful and relevant only if it were provided through a legal framework which is simultaneously quick, cheap, undemanding and simple. All these requirements can be met through a suitably-designed utility model framework. The Paper further goes on to make a case for all developing countries to adopt a utility model framework by emphasising 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.