Intellectual Property Rights

Syllabus: IPR and Related Issues

Source:  PIB

 Context: The World Intellectual Property Organization (WIPO) has highlighted India’s exceptional performance in its 2024 World Intellectual Property Indicators (WIPI) report, showcasing India as a rising leader in patents, trademarks, and industrial designs.

What are Intellectual Property Rights (IPR)?

• Definition: Intellectual Property Rights (IPR) protect creations of the human mind, including innovations, literary works, designs, and symbols.
• Objectives:
  • Promote innovation by granting creators exclusive rights.
  • Encourage fair competition while balancing public interest.
  • Protect traditional knowledge and cultural heritage.

Types of IPR:

• Patents: Protection for inventions meeting novelty, non-obviousness, and industrial applicability.
• Copyrights: Rights over artistic, literary, and creative works (e.g., books, music, software).
• Trademarks: Distinctive signs or symbols identifying goods/services.
• Industrial Designs: Aesthetic and functional designs of products.
• Geographical Indications: Protection for products linked to specific regions (e.g., Darjeeling Tea).
• Trade Secrets: Confidential business information protected against unauthorized use.

India’s Performance in WIPO 2024 Intellectual Property Report:

• Patent Growth:
  • India ranked 6th globally with 64,480 filings (+15.7% growth in 2023).
  • 55.2% of filings by residents, reflecting a shift towards local innovation.
• Trademark Filings:
  • India ranked 4th globally, with a 6.1% increase in 2023.
  • 90% filings by residents, highlighting domestic brand awareness.
• Industrial Designs:
  • 36.4% growth in applications, emphasizing product innovation.
• Patent-to-GDP Ratio:
  • Improved from 144 (2013) to 381 (2023), reflecting an innovation-driven economy.

Advantages of IPR:

• Promotes Innovation: IPR incentivizes creators and inventors by offering exclusive rights, motivating them to invest in developing new ideas, products, and technologies.
• Economic Growth: Licensing and commercialization of IPR assets generate revenue, contributing to the national and global economy.
• Encourages Fair Competition: Protects intellectual creations, ensuring businesses maintain unique identities and build trust in the marketplace.
• Supports Research: Allows researchers access to patented information, fostering further development and innovation in technology and science.
• Cultural Preservation: Safeguards traditional knowledge and practices, ensuring they are credited and economically benefit indigenous communities.

Government Initiatives:

• National IPR Policy, 2016: A comprehensive framework to streamline IPR laws and procedures, making them accessible and efficient.
• KAPILA Program: Focuses on creating awareness among students and faculty about IP filing processes and their benefits.
• Startup India: Encourages startups to innovate by providing IP support and reducing associated costs for filing patents and trademarks.
• Atal Innovation Mission (AIM): Promotes problem-solving skills and entrepreneurship through initiatives like Tinkering Labs and Incubation Centers.
• Digital Modernization: Enhances IP processes by digitizing filings, reducing processing times, and improving transparency.
• SPRIHA Program: Strengthens academia’s role in IP awareness and research by integrating IPR education into higher learning institutions.

Issues and Disadvantages:

• Cost Barrier: High registration and enforcement costs deter small businesses and individuals from seeking IP protection.
• Evergreening: Companies misuse patents to extend monopoly rights, especially in pharmaceuticals, affecting accessibility to affordable drugs.
• Piracy: Despite legal protections, unauthorized use or copying of IP continues, harming the original creator’s financial interests.
• Global Inequities: Differences in IPR laws across countries create challenges for innovators to secure consistent protection worldwide.
• Limited Awareness: Lack of knowledge about IPR, especially in rural areas and MSMEs, results in underutilization of IP protection benefits.

Conclusion:

India’s performance in WIPO’s 2024 report cements its position as a global innovation hub, reflecting a mature IP ecosystem and effective government support. Continued reforms, education, and enforcement are essential to sustain this momentum and leverage IPR for economic growth.

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