Intellectual Property Rights (IPRs) are legal rights granted to creators for their innovations, inventions, and creative works, ensuring protection and incentive for innovation. India, a signatory to the TRIPS Agreement (1995), has progressively reformed its IPR framework through the Patents Act, 1970, and National IPR Policy, 2016, to balance innovation promotion and public welfare.
Recent Progress in India’s IPR Ecosystem:
(a) Rising Patent and Trademark Filings:
- Patent applications grew from 42,951 (2013–14) to 103,057 patents granted in 2023–24.
- Share of resident Indian filings increased from 25.5% to 56% in a decade — indicating a shift towards domestic innovation.
- Trademarks filings rose to 4.8 lakh in 2023–24, making India 4th globally after US, China, Russia.
(b) Policy and Legal Reforms:
- National IPR Policy (2016): Focuses on “Creative India; Innovative India.”
- Patent examination time reduced from 48 to 31 months through procedural simplification.
(c) International Integration:
- Signed the Riyadh Design Law Treaty (2024) — aligning industrial design protection with global standards.
- Adoption of Locarno Classification (WIPO) for industrial designs.
(d) Recognition and Awareness:
- SPRIHA initiative integrates IPR education into higher learning.
- National IP Awards recognise innovators and research institutions.
Persisting Challenges in the IPR Regime:
(a) Weak IPR Balance Sheet: India paid USD 8.63 billion for use of foreign IPs but earned only USD 870 million from its IPs as per IMF report— indicating technology import dependence.
(b) Slow Patent Examination and Pendency:
- Patent approval takes 60–70 months, vs 20 months in the US/China.
- Manpower deficit: Only 956 staff vs 13,704 (China) and 8,132 (US).
(c) Institutional Bottlenecks: Abolition of Intellectual Property Appellate Board (IPAB) transferred cases to overburdened High Courts.
(d) Legal and Structural Issues:
- Lengthy litigation on patent disputes (esp. in pharma).
- Absence of “Data Exclusivity” law — affects pharma & agro-chemical industries.
- Counterfeiting and piracy continue despite Copyright Act.
- No clear “Patent Pending” provision unlike the US.
Reforms for Strengthening IPR Ecosystem:
(a) Policy and Institutional Strengthening:
- Establish exclusive IPR Development Institution and dedicated benches in High Courts.
- Create a Central Coordination Body on IP Enforcement.
(b) Procedural and Legal Reforms:
- Fix timelines for examination, enable ‘Patent Pending’ status, and allow IP-backed financing for start-ups.
- IP audit mechanism for key sectors like biotech and renewables.
(c) Enforcement and Awareness:
- Strengthen IPR cells in Police and customs enforcement.
- Promote cyber-IPR protection to counter online piracy.
Conclusion:
A holistic IPR ecosystem demands institutional reform, global alignment, R&D support, and legal agility to truly make India an innovation-driven economy and realise the “Creative India; Innovative India” vision.
‘+1’ VALUE ADDITION:
- Over 95% of applications filed online through AI-enabled tools like IP Sarthi chatbot and IP Dashboard.
- Review National IPR Policy (2016) in the light of emerging technologies such as AI, biotech, and green tech.
- India signed the Riyadh Design Law Treaty (2024) — aligning industrial design protection with global standards.
- India adopted Locarno Classification (WIPO) for industrial designs.
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