Summary
The new Intellectual Property Rights policy in India is designed to address the low rate of patent filings by Indian innovators. It proposes reforms to simplify the patent process, especially for grassroots and utility-oriented inventions. The policy was shaped by a government think-tank led by Justice Prabha Sridevan, with the aim of improving India’s position in the Global Innovation Index. Experts highlight that enhanced IP protection could encourage research and innovation, helping India bridge the gap with other BRICS nations. The policy also aims to implement targeted programmes to promote patent filings across research institutions and enterprises.
India’s National Intellectual Property Rights Policy
Under the existing Intellectual Property Rights regime in India, thousands of promising innovations and inventions remain un-patented. The National Intellectual Property Rights (IPR) policy — the first draft of which was released on December 19, 2014 — set out to address this gap by proposing a new IP law to facilitate the patenting of ground-breaking Indian inventions.
The IP Think-Tank
In November 2014, the Government constituted an IP think-tank under former Intellectual Property Appellate Board (IPAB) chairman Justice Prabha Sridevan. Among the think-tank’s functions was the formulation of the National Intellectual Property Rights policy. The think-tank took the position that simplifying the patenting process for promising technologies would improve India’s performance in the annual Global Innovation Index (GII).
In the GII 2014, published jointly by Cornell University, INSEAD, and the World Intellectual Property Organization (WIPO), India ranked 76th — a decline of ten positions from 66th in 2013. The survey evaluated 143 countries across 81 indicators of innovation capability. India’s IPR performance was the weakest among BRICS nations (Brazil, Russia, India, China, and South Africa); China ranked 29th, the strongest of the group.
Utility Patents and the Innovation Deficit
T C James, Director of the National Intellectual Property Organization and former Director at the Department of Industrial Policy and Promotion (DIPP), observed:
An IP protection, which is different from the pure discovery patents as laid out in the current IPR law, would encourage utility-oriented research work and make a big impact in India’s innovation effort.
He further noted:
Utility patents or protection of grassroots innovation have been an established system in many other countries, including developed economies as they form a key part of the scientific and economic development.
Data obtained from the office of the Controller General of Patents, Designs, and Trademarks showed that during the period 2002–2013, patent grants for foreign inventions increased by approximately 300 per cent, compared with growth of a mere 45 per cent for grants to Indian inventors.
Proposed Measures
To increase the number of Indian patent filings, the new IPR Policy proposed focused programmes to encourage innovators from research and development and technical institutions, universities, and large, medium, and small enterprises to generate and protect intellectual property.
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.