The Intellectual Property (IP) office is planning to separate its trademark registry division out of the division which currently deals with patents, trademarks and designs. This move could result in a balanced focus on trademarks as well as patents. Some powers have already been shifted by the Department of Industrial Policy and Promotion (DIPP), the department to which the IP office reports.

News daily Mint reported today that the Controller General, P.H. Kurian, was appointed in January 2009 and has worked towards reforming and cleansing the system of corrupt practices. His anti-corruption drive also resulted in the transfer of senior officials from the trademark division to elsewhere. Kurian made the information related to processing of patents, trademarks and designs more transparent by making it accessible online.

V. Bhaskar, joint secretary, DIPP, said that a formal separation of patents and trademarks has been considered for better focus. “We are looking into the legal aspects of it,” he said. While this would call for a separate authority to oversee trademarks, the current law states that there can be only one controller general with overall powers for both patents and trademarks. This divergence between law and practice may make it necessary for Parliament to amend the Trademarks Act.

Many view this development as a positive one. Sagar Chandra of Sagar Chandra & Associates, told Bar & Bench, “Overall, having independent and separate trademark and the patent departments is a good move. This is particularly in view of the fact that patent litigation in respect of pre and post grant oppositions has recently increased significantly. Hence having an independent head would increase its efficiency. Similarly, the trademark department would also benefit from this move. However, how this will practically be implemented is what will determine the move’s success.”

Darshan Ramamurthy, an IP Attorney with an international firm’s India desk, said, "I would regard this as a positive initiative. However, while it is always desirable to have authorities focusing on specific practice areas, I’m also hopeful that there will continue to be a stress upon accountability and transparency as well.”