Why In News?

The Union Minister for Commerce and Industry urged turning the intellectual property ecosystem into a mass movement to transform ideas into protected assets.

What are Intellectual Property Rights?

IPR are legal protections granting creators exclusive rights to their innovations for a set time, allowing them to profit from their creativity and investment.

Purpose: IPR balances innovator interests with public benefit, encouraging a creative and innovative environment.

Legal Basis in India: Governed by the Patents Act (1970), Trademarks Act (1999), and Copyright Act (1957).

Global Standard: India is a signatory to the TRIPS (Trade-Related Aspects of Intellectual Property Rights) agreement, which sets the minimum standards for IP regulation globally.

How the Global IPR regime evolved?

The Early Foundations (Late 19th Century)

• Paris Convention (1883): The first major step toward protecting industrial property (patents, trademarks) across borders.
• Berne Convention (1886): Established the protection of literary and artistic works (copyrights) internationally.

The WTO-TRIPS Era (1995): Creation of the TRIPS agreement under the WTO made IPR a core part of international trade. It forced all member nations to adopt a "minimum standard" of IP protection.

The Digital & Bio-Tech Shift (2000s–Present):

• WIPO Internet Treaties: Updated copyright laws for the digital age to prevent online piracy.
• Nagoya Protocol (2010): Addressed the "fair and equitable sharing" of benefits arising from the use of genetic resources, preventing "biopiracy".

Modern Focus: Current global debates focus on AI-generated IP, Green Technology patents, and the TRIPS Waiver for life-saving medicines during pandemics.

What is India’s IPR framework?

India’s IPR regime is a unique balance between incentivizing innovation and protecting public interest (such as affordable medicine and farmers' rights).

Policy Framework: National IPR Policy (2016)

• Slogan: "Creative India; Innovative India"

• Nodal Agency: The Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of Commerce and Industry.
• Core Objective: It seeks to integrate all IPRs under one umbrella, simplify processes, and promote IP as a marketable financial asset.

Legislative Pillars

• Patents Act, 1970: Protects inventions. Section 3(d) prevents "evergreening"—the practice of extending patent life through minor, non-innovative changes.
• Trademarks Act, 1999: Protects brand names, logos, and symbols.
• Copyright Act, 1957: Covers literary, artistic, musical works, and software.
• Geographical Indications (GI) Act, 1999: Protects products unique to a region, like Darjeeling Tea or Channapatna Toys.
• Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act 2001: Protects both commercial plant breeders and the traditional rights of farmers to save and sow seeds.

Institutional & Judicial Framework

Administration: Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), under the Department for Promotion of Industry and Internal Trade (DPIIT), part of the Ministry of Commerce and Industry.

Judicial Reform: In 2021, the Intellectual Property Appellate Board (IPAB) was abolished. Cases are now handled by specialized IP Divisions in High Courts (like Delhi and Madras) to ensure faster resolution.

Protection of Heritage: The Traditional Knowledge Digital Library (TKDL) prevents foreign entities from patenting traditional Indian knowledge like Yoga or medicinal uses of Neem.

What are the key challenges in India’s IPR regime?

Low R&D Intensity: India’s Gross Expenditure on R&D (GERD)  is just 0.64% of GDP, lower than the US (3.5%) and China (2.4%), restricting indigenous innovation. (Source: Economic Survey 2025-26).

Procedural Delays: Patent examination takes 3-4 years due to examiner shortages, slower than the 20-24 months in the US or China. (Source: Parliamentary Standing Committee on Commerce)

"Evergreening" Conflict: Strict Section 3(d) of the Patents Act curbs remain a friction point with the US Trade Representative (USTR Special 301 Report) and MNCs regarding "incremental innovation".

Enforcement & Piracy: Weak ground-level enforcement against digital piracy and counterfeits hampers the film and software sectors.

Low Commercialization: Most institutional patents are "defensive" and fail to reach the market as commercial products. 

What steps has India taken to improve the IPR ecosystem?

Institutional Streamlining

• DPIIT Centralization: Consolidating all IPR categories (except Plant Varieties) under the DPIIT provides a unified policy approach.
• High Court IP Divisions: Specialized IP Divisions in Delhi and Madras now expedite litigation following the IP Appellate Board's abolition.

Financial & Procedural Incentives

• Fee Reductions: Government provides an 80% rebate on patent filing fees for Startups and a 50% rebate for MSMEs to encourage domestic filings. (Source: PIB)
• Expedited Examination: Startups and applicants selecting India as an International Searching Authority (ISA) can access expedited examinations, shortening grant times.

Digital Initiatives

• P-ARK (Patent Analysis and Research Knowledge): An AI-driven tool launched to help researchers analyze existing patent landscapes and avoid duplication.
• Traditional Knowledge Digital Library (TKDL): Digitized Indian traditional knowledge (Ayurveda, Unani, etc.) to prevent "biopiracy" and wrongful patenting by foreign entities.

Global Collaboration

• PPH (Patent Prosecution Highway): India partnered with Japan and other nations to share examination reports, accelerating international grants.
• Educational Push: The KAPILA program trains higher education students and faculty on invention protection.

What should be the way forward?

Boost R&D Spending: India needs to increase R&D investment to 2% of GDP from 0.64%, using tax incentives and "Innovation Bonds" to spur private sector participation.

Commercialize Research: Bridge the "Lab-to-Market" gap by creating Commercialization Cells in universities to facilitate technology transfer to industry.

Enhance Enforcement: Set up specialized IP Courts and train officials to better combat digital piracy and counterfeit goods.

Trade Secrets Act: India should enact a standalone law to ensure legal certainty and attract R&D investments.

MSME IP Literacy: Extend KAPILA and Start-up India to MSMEs, which drive 30% of GDP but lack IPR awareness.

Utility Models: Introduce short-term protection for incremental innovations that miss standard patent thresholds.

Conclusion

IPR is the global economy's foundation. For India to become an innovation hub, it must treat IP as a strategic asset. Balancing creator rights with public health and agriculture needs is key to achieving the "Viksit Bharat @ 2047" vision.

Source: NEWSONAIR