Intellectual Property refers to intellectual creation, which could be inventions, literary and artistic works, designs and marks, names, and images, among others. Intellectual Property Rights is the right given by the law of a country to an intellectual creation to restrain third parties from unauthorized use of such creation. The IPR system is an integrated part of the legal infrastructure of India and indeed the country’s most important tool for development across diverse sectors like technology, entertainment, pharmaceuticals, and agriculture, among others.
It initiated sufficient steps toward the integration of international-level IPR policies by incorporating them in designing an ambience that promotes innovativeness and creativity. Meanwhile, it involved a huge lot of strategies over the years keeping a goal to enrich its IP system. As follows in further lines of this blog, the findings have been drawn as regards types of IPRs in India and respective legal frameworks, their significance, hurdles confronting the creators and innovators and a roadmap for further developments.
Types of Intellectual Property Rights in India
Like almost all countries, India also protects different types of intellectual property. Every type of IPR covers a spectrum of creative or intellectual work and offers legal redress to the creators. The major types of IPRs that exist in India are listed as follows:
Patents
A patent is the legal right given to an inventor. The exclusive right to make, use, or sell his invention is given to the inventor for a defined period usually 20 years from the filing date. The invention is supposed to meet criteria that include novelty, no obviousness, and utility. Patents in India are mainly conferred on technological innovations, like machines, processes, and compositions of matter.
Trademarks
A trademark is a special sign, symbol, or expression which distinguishes and identifies the products of one business from another’s. Trademarks become integral parts of branding; thereby the businesses can safeguard their goodwill and also enable the consumer to find the original products through trademarks. These can also prevent other firms from using similar marks in confusion with the public.
Copyrights
Copyright laws protect original works of authorship that include literature, music, films, software, artistic creations etc. The duration of copyright protection in India is the lifetime of an author plus 60 years. Hence, the copyrights of the original authors reserve the rights of reproduction and distribution as well as for public presentation of their work. Copyright also embraces areas of sound recordings cinematography films and even computer programmes.
Designs
The Designs Act protects industrial products in terms of shape, configuration, pattern or ornamentation of an industrial article. In India, design rights last for 10 years. During these 10 years, the creators retain exclusive rights over the aesthetic design of their commodities. This encourages the invention of industrial designs and more innovative consumer goods.
Geographical Indications (GI)
Geographical Indication is that sign or indication which identifies that a product originated from a given geographical location, wherein the quality of the said goods is fundamentally based and attributed to its original place. GIs of India protect regional products, among others, like Darjeeling Tea, Kancheepuram Silk and Alphonso Mango which preserve traditional knowledge and artisan skills while promoting regional industry.
Trade Secrets
These trade secrets are, essentially, confidential business information, such as a formula or process, used or that could be used to any business advantage. India does not have a particular law on trade secrets but is protected under the Indian Contract Act and the Indian Penal Code. The keeping of trade secrets is mainly done through non-disclosure agreements and confidentiality clauses.
Indian Legal Framework for IPR
India’s IPR system is governed by several important pieces of legislation that are in place to protect different forms of intellectual property. These laws are drafted with international standards in mind, thus keeping India at par with global agreements and conventions.
The Patents Act, 1970 (Amended in 2005)
This Act relates to patents in India. This includes provisions relating to the Trade-Related Aspects of Intellectual Property Rights, which is an agreement by the World Trade Organization. Product patents brought the pharmaceutical sector through amendment of the Act of 2005, which provided much more serious protection of pharmaceutical inventions and improvement of entry into the world market.
The Trade Marks Act, 1999
This Act safeguards registered marks and governs the registration, protection, and usage of such marks in India. Such an enactment provides a trademark owner with a right not to permit others to use the same or confusingly similar marks in a way to guides consumers into buying products under those marks.
Copyright Act of 1957
This Act safeguards the creators of original literary, artistic and musical works, sound recordings and cinematographic films. The Copyright Act also deals with the term of protection and legal remedy for copyright in India.
The Designs Act, 2000
This Act addresses the design or ornamental appearance of industrial products that may incorporate form, design, or even shape. In short, it guarantees to inventors that no individual can exploit his industrial product’s aesthetic look.
Geographical Indications of Goods (Registration and Protection) Act 1999
This Act safeguards GIs that further safeguard the commodities acquiring special attributes due to their geographical origin. This safeguards traditional knowledge and culture but also promotes nationally important products such as Darjeeling Tea and Basmati Rice.
Protection of Trade Secrets
India does not have a specific law that governs trade secrets, although the same is protected under contracts and the Indian Penal Code. Most businesses safeguard their trade secrets through NDAs and confidentiality clauses in contracts.
Importance of Intellectual Property Rights in India
IPR plays a very crucial role in encouraging innovation, fostering economic growth, and enhancing India’s global competitiveness. Some of the key benefits of IPR include:
Encouraging Innovation
By granting exclusive rights to creators, IPR encourages further investment in research and development, motivating individuals and businesses to innovate and develop new products and services.
Economic Growth
IPR makes a gigantic contribution toward the economic development of India mainly through pharmaceuticals, information technology, entertainment, and agriculture. It fosters high-value industries in various fields and contributes to the GDP of the country with innovative growth.
Global Competitiveness
A sound IPR regime increases Indian competitiveness at the global level. The regime prevents the unlawful appropriation of Indian innovation; due to this, it can provide Indian industries to acquire a competitive advantage abroad in markets and attract more foreign investments.
Preservation of Culture
Copyright and GI operate for the protection of Indian cultural heritage. Preserving cultural goods, local products and local arts and crafts provides one with employment and income-earning possibilities in the community.
Foreign Investment
A robust IPR framework would give much-needed confidence to the foreign investor. Once the IP is protected, then overseas businesses will be interested in investing in India since innovations and creations will be properly guarded.
Problems in the Indian IPR System
Though much has been accomplished, this system still includes some inefficiencies:
Awareness and Enforcement
The principal weakness of the system lies in a lack of awareness regarding IPRs among the creators, businesses, and consumers. The second weakness of enforcement involves delayed patent grants, with protracted time-consuming litigation procedures, so it is not very effective for the IPR system.
Infringement and Counterfeiting
There is a widespread infringement of rights to intellectual properties across the board cutting across different fronts with counterfeiting goods besides pirated content. This has resulted in a devaluation of IPR and therefore resulted in heavy losses to their associated lawful industries, especially to pharmaceuticals and entertainment areas.
Inability to obtain Expert Staff
India faces a scarcity of skilled professionals in the IPR sector, such as patent attorneys, trademark experts, and copyright agents. This affects the quality and efficiency of the registration and enforcement process.
Public Access and Protection
While IPR safeguards the innovators, at the same time, this balance has to be provided along with public access. Where in such cases for necessities like drugs, patents create such products pretty expensive for many individuals and cause serious issues in public health as well as access.
Global Issues
Many countries are experiencing the integration of a stronger global economy. IPR is based on international treaties and conventions, and it is difficult for countries to meet the home agenda with the adaptation of IPR policy to international standards.
Recommendations for Strengthening India’s IPR System
India’s IPR system can be improved further by the following:
Improvement in IPR Education and Training
There is a great need in India to broaden education courses for training professionals who deal with the management of IPRs, patent law, copyright protection, etc. This would terminate the already existing shortage of people with a proper qualification in the industry.
Acceleration in Dispute Resolution Mechanism
The time to clear disputes can be reduced by bringing the specialized IPR courts or fast-track systems into practice. The settlement of IPR disputes will help make the system effective and reduce the pendency of the litigation.
Awareness campaigns should be increased
Large public information programs teaching the IPRs to the creators, enterprises, and consumers from the government and industry bodies would be in urgent need. That would make them respect the culture towards the IP and the values behind it.
Providing Protection of Traditional Knowledge
The Government shall establish proper legal infrastructures for the protection of traditional knowledge in agri-horticulture, Ayurvedic systems, or any traditional art. This would effectively prevent misuse and unauthorized usage.
International Relation Building
It must also cooperate with the WIPO and other international organizations so that the Indian IPR policies are updated according to international standards. India’s inventions will thus easily get protection in other countries as well.
Indian Future of IPR
India’s IPR scenario has plenty of room for growth. Many areas require focus:
Sturdier Enforcement
Speedier application processing, harsher penalties for infringement, and better resources for the enforcement agencies are the necessities of the hour.
Public Awareness Campaigns
Educating the creators and businesses about the significance of IPR and the registration process will make the IPR ecosystem of the country richer.
Simpler Processes
This would include simplifying the process of patent and trademark registrations to be less bureaucratic so that there would be fewer delays that would encourage more creators and businesses to file for intellectual property protection.
International Cooperation
India must strengthen international partnerships and keep track of global trends in IPR so that it can protect Indian innovations with appropriate protection abroad.
Focus on Traditional Knowledge
There is a lot of traditional knowledge in India, whether in Ayurveda or indigenous agricultural practices; better legal protection for them can avoid exploitation and recognize such unique assets.
Conclusion
Intellectual Property Rights are the pillars upon which India’s economic growth and development rests. India fosters innovation, saves its cultural heritage, and boosts global competitiveness through it. India has progressed immensely in strengthening its IPR system, but several more challenges lie ahead that should be addressed. Through improvements in enforcement, awareness, and harmonization worldwide, India would further be at the top of its position in the protection of intellectual property. Its IPR regime will ensure that there is sustainable innovation and growth in the years to come with a forward-thinking approach working for the benefit of creators, businesses, and the economy.
References:
- Bhat, P. (2016). Intellectual property rights in India: Legal perspectives and policy implications. Oxford University Press.
- Government of India. (2020). National IPR policy 2016: A policy document. Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry. https://dipp.gov.in
- Sharma, R. K., & Joshi, V. (2018). Intellectual property rights and the Indian economy: Challenges and opportunities. Indian Journal of Law and Technology, 14(2), 112-127. https://doi.org/10.2139/ssrn.3109247
- Saha, S., & Singh, K. (2021). Intellectual property law in India: An overview of legal principles and emerging trends. Cambridge University Press.
- World Intellectual Property Organization (WIPO). (2021). World Intellectual Property Indicators 2021. WIPO. https://www.wipo.int/edocs/pubdocs/en/wipo_pub_941_2021.pdf
- Raghavan, V. (2019). Intellectual property rights in India: Evolution and current issues. Journal of Intellectual Property Rights, 24(5), 1-12. https://www.niscpr.res.in/jipr/
Author: Akshoy Kumar Das Chakravorty is an Advocate (Sibsagar Bar Association)
