The DIPP has specifically invited comments/views and suggestions backed up by facts, figures and empirical evidence by June 30, 2011  on Section X.  We encourage our readers to post their comments to the issues listed below.  Section X lists out the followings issues:
1.  Does India need a Utility Model  Law?
2.  What should be the scope of protection of such a law? Should it be restricted to mechanical devices?
3.  What parameters should be adopted in the law with respect to inventive threshold, substantive  examination, grace period, exhaustion, protection period  and  registration procedure ?
4.  What  novelty criteria  should be adopted? Should they be absolute or relative ?
5.   What should be the nature of linkages between this law and the existing Patents Act? How do we ensure that the existing Patents Act, which is a bulwark against  the ever greening of patents , remains undiluted ?
6.   What legislative route should be adopted?    Should a  separate law to protect utility models be enacted ?  Or should the Patents Act be suitably amended ? Or should the Designs Act be amended ?
7.  Should the facility for temporary protection of an invention as a utility model pending grant of a patent be built into the legislation? Should it be specifically mandated that only one form of protection would be available at any time?
8.  Should  applications for patents be transmutable to  utility model applications  and vice versa whenever the applicant so desires ?
9.   Should any  specific provisions  be introduced in  the proposed  utility model law to promote domestic filings as well as applications from SMEs?  Can we use this model to protect some part of our  traditional knowledge?
10.   What enforcement procedure should be put in place? What should be the dispute resolution mechanism? Who should be the adjudicating authority?
11.   To obviate monopolistic dominance, should the adjudicating authority be empowered wherever public interest is involved, to award compensation/royalty in lieu of restraining the infringement?

Anil K Gupta