IP for Start Ups

IP a Key Part of PM Modi’s Pitch for Start-ups to Make in India and Stay in India

Summary

Prime Minister Modi’s US tour aims to position India as a key destination for startups by highlighting recent measures to improve business conditions. The article discusses the challenges Indian startups face, particularly regarding complex and lengthy intellectual property registration processes. Modi’s government is addressing these concerns by streamlining patent procedures and offering free IP legal support. The emphasis on a robust IP regime is seen as essential to retaining innovative startups in India. If reforms succeed, India could become home to globally competitive technology enterprises.

Prime Minister Modi’s Visit to Silicon Valley and Intellectual Property

Prime Minister Narendra Modi and his team undertook a promotional tour to the United States to highlight India’s offering for start-ups. The Indian start-up sector had attracted considerable venture capital interest, evidenced by investor competition for a stake in companies comparable to Flipkart and Ola. Despite the availability of talent and ideas in India, concerns persisted about the difficulties of doing business in the country. Part of Prime Minister Modi’s purpose in visiting the United States was to engage the NRI community in Silicon Valley and American investors, informing them of measures being taken not only to attract investment into Indian start-ups but also to retain Indian start-ups in India.

Brain Drain and the Start-up Exodus

It was estimated that as many as 54 per cent of Indian technology start-ups from the preceding year had domiciled themselves in Singapore or the United States, where regulatory frameworks were considered more favourable. This number was expected to rise further. The departure of start-ups from India was attributed not to any shortage of business opportunities domestically, but to the difficulties faced in operating within the Indian regulatory environment.

Intellectual Property Concerns Raised by Start-ups

One of the principal concerns raised by Indian start-ups in Silicon Valley was the complexity and duration of the intellectual property registration process in India. It is widely acknowledged that the IP offices in India have a shortage of examiners relative to the volume of applications filed annually. In many countries, the full lifecycle of a patent application from filing to grant takes approximately two years; in India, the corresponding period can be significantly longer. In response to these concerns, Prime Minister Modi’s team gave assurances that the entire patent process would be streamlined online and that the government would fund 500 lawyers across India to provide free IP services to those seeking to file a patent.

Assessment

The emphasis on intellectual property in Prime Minister Modi’s pitch was consistent with the stated objective of the Make in India initiative. A robust IP regime with a straightforward process for protection and commercialisation is widely regarded as a prerequisite for encouraging technology-driven enterprises to incorporate and grow domestically. If the proposed reforms are implemented effectively, India’s prospects of nurturing globally competitive start-ups would be materially strengthened.

Disclaimer

This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.