Intellectual Property Rights

18.08.2025

Intellectual Property Rights

Context

In recent years, India has made notable strides in strengthening its patent ecosystem. Policy reforms, government initiatives, and growing involvement of educational institutions have contributed to this progress. However, despite improvements, China continues to dominate global patent filings.

Patents and Intellectual Property Rights (IPRs)

• What is a Patent?
   A patent is a state-granted exclusive right for an invention, such as a new process, device, or pharmaceutical product. It prevents others from manufacturing, using, or selling the invention without the inventor’s consent.
   
• Patents vs. Other IPRs
   Intellectual Property Rights encompass different forms:
   
  • Copyrights safeguard creative works like literature, films, and music.
     
  • Trademarks protect brand logos, names, or symbols.
     
  • Geographical Indications (GIs) identify goods linked to specific regions (e.g., Darjeeling Tea).
     
  • Trade Secrets secure confidential business information.
     Patents focus on inventions and innovations with industrial application.
     
• Legal Framework in India
   The Indian Patents Act, 1970, governs patent registration and enforcement. The duration of patent protection is 20 years, after which it enters the public domain.
   
• Why do IPRs Matter?
   
  • Encourage research, discoveries, and technological progress.
     
  • Strengthen the economy by boosting innovation-driven growth.
     
  • Ensure recognition and financial rewards for creators.
     
  • Provide a secure business environment that fosters investment in R&D.
     

Government Measures to Promote IPRs

• National IPR Policy (2016): Designed to make India a hub of creativity and innovation.
   
• National IP Awareness Mission (NIPAM): Expands understanding of patents, trademarks, and copyrights among students and professionals.
   
• KAPILA (Kalam Program for IP Literacy and Awareness): Encourages filing of patents and spreading IP knowledge.
   
• Atal Innovation Mission (AIM): Established under NITI Aayog to promote startups, incubation centres, and research-driven innovation.
   

India in the Global IPR Regime

India is part of several international agreements:

• WIPO (World Intellectual Property Organization): Oversees global IP administration.
   
• WTO-TRIPS Agreement: Provides a framework for minimum standards of IP protection across member states.
   
• Budapest Treaty: Relates to the deposit of microorganisms for patent procedures.
   
• Marrakesh Treaty: Ensures access to published works for visually impaired persons.
   

Shifts in India’s Patent Landscape

• Rising Domestic Filings: Before 2000, less than 20% of patents were filed domestically. By 2023, Indian institutions accounted for nearly 57% of filings.
   
• Global Ranking: In 2021, India overtook the USA in patent grants, ranking second globally after China.
   

Persistent Challenges

• Low R&D Spending: India invests only 0.67% of GDP in research, far below global leaders.
   
  • USA: ~3.5%
     
  • China: ~2.5%
     This funding gap slows innovation and reduces the competitiveness of Indian patents.
     

Way Forward

• Boost R&D Investment: Raise expenditure to at least 2% of GDP to accelerate innovation.
   
• Commercialization of Patents: Ensure inventions are successfully converted into market-ready products.
   
• Streamline Licensing: Simplify legal and administrative procedures for obtaining and utilizing patents.
   
• Expand Patent Infrastructure: Establish more patent offices and strengthen existing ones to reduce delays.
   

These steps are essential for India to enhance its position in the global innovation landscape, ensure long-term technological growth, and reduce dependence on external technologies.