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  • 06 March, 2023

  • 7 Min Read



  • India is poised to become a leader for emerging markets looking to transform their economies through IP-driven innovation, according to the International Intellectual Property (IP) Index 2023 published by the U.S. Chambers of Commerce, which ranks India 42nd among 55 top global economies.
  • The US came out on top of the international IP Index, followed by the UK and France.

The findings of the report:

  • India has kept up its vigorous efforts to combat copyright infringement by granting "dynamic" injunction orders.
  • India is poised to become a leader for emerging markets looking to transform their economies through IP-driven innovation as its size and economic significance on the global stage increase.
  • In addition to offering large R&D and IP-based tax benefits, India makes a significant effort to raise public awareness about the damaging effects of piracy and counterfeiting.
  • It is a pioneer in specialized administrative incentives for SMEs' creation and utilization of IP assets.
  • India has taken steps to strengthen its enforcement against content that violates copyright laws and offers a world-class environment to encourage better understanding and use of IP assets. But, in order for India to develop a new model for the region and sustain its economic progress, it would be essential to resolve long-standing inadequacies in its IP system.
  • The paper claimed that the 2021 dissolution of the Intellectual Property Appellate Board, along with the ongoing problem of a resource-strapped and overworked judiciary, raises severe doubts about the ability of IP rights holders to enforce their rights in India and to settle IP-related disputes.
  • There is a restricted legal framework for the protection of intellectual property (IP) rights related to biopharmaceutical products, according to carriers of licencing and technology transfer, including severe registration requirements.
  • The Index seeks to guide nations toward a brighter economic future characterized by increased innovation, creativity, and competitiveness by analyzing the IP landscape in global marketplaces.
  • A flood of proposals being considered by US and foreign policymakers, particularly at multilateral institutions, threatens to undermine hard-won economic advantages after a decade of steady, incremental development in IP systems around the world.

About International IP Index:

  • The Index assesses each economy's IP framework using 50 different measures, which the business community believes represent the nations with the best IP systems.
  • The nine categories of protection covered by the indicators provide a view of an economy's overall IP ecosystem: Trade secrets, commercialization of IP assets, enforcement, systemic effectiveness, membership in and ratification of international treaties, patents, copyrights, trademarks, trade dress, design rights, and commercialization of IP assets
  • The US Chambers of Commerce published the International IP Index.
  • The Report covers a wide range of topics, including international agreement ratification, patent and copyright regulations, as well as the capacity to monetize IP assets.

About Intellectual Property Rights:

  • Intellectual inventions of the human mind are included in the category of property known as intellectual property (IP).
  • Patents, copyright, industrial design, trademark, plant variety, trade dress, and geographical indicators are examples of intellectual property rights.
  • The basic goal of intellectual property law is to promote the production of a wide range of intellectual commodities. To this end, the law grants individuals and organizations ownership rights to the knowledge and intellectual products they produce, typically for a finite amount of time.
  • This provides an economic incentive for their development by enabling individuals to profit from the knowledge and intellectual products they produce and by enabling them to safeguard their ideas and prevent piracy.
  • It is a type of legal protection provided to people or businesses for their original and creative works in the form of Intellectual Property Rights (IPR).
  • Article 27 of the International Declaration of Human Rights outlines these rights.
  • These legal safeguards give the authors the ability to regulate how their work is used and stop unauthorised use or reproduction.

Where did the concept of intellectual property first emerge?

  • The Paris Agreement for the Protection of Industrial Property (1883) and the Berne Convention for the Protection of Literary and Artistic Works were the first agreements to acknowledge the significance of intellectual property (1886).
  • The World Intellectual Property Organization oversees both accords (WIPO).
  • The most common forms of intellectual property (IP) include patents for inventions, trademarks for product branding, copyrights for creative and literary works, trade secrets for sensitive corporate information, and industrial designs for product aesthetics.
IPR and India:
  • India is a signatory to the Agreement on Trade Related Aspects of Intellectual Property and a member of the World Trade Organization (TRIPS Agreement).
  • India also participates in the International Intellectual Property Organization, an organisation tasked with promoting the protection of intellectual property rights globally.
  • In May 2016, the National Intellectual Property Rights (IPR) Policy 2016 was approved as a vision statement to direct the country's future IPR growth.
Problems Concerning Intellectual Property Rights:
  • Enforcement: Piracy and counterfeiting continue to be major issues in India despite efforts to increase IP enforcement.
  • Low rates of prosecution and conviction are a result of enforcement agencies' frequent lack of resources and experience to properly address these problems.
  • Backlog of patent applications: The backlog of patent applications in India is a significant issue.
  • This causes delays in the issuance of patents and breeds uncertainty among inventors who want to safeguard their discoveries.
  • Lack of IP Awareness: Many firms and individuals in India still don't understand or care about IPR.
  • This may result in unintentional IP rights infringement and difficulties enforcing those rights.
  • The biggest American lobbying organisation is the United States Chamber of Commerce (USCC). At the suggestion of President William Howard Taft, the organisation was established in April 1912 from local chambers of commerce. The group seeks to promote pro-business legislation. Functions:
  • They inform members of information. (ii) They establish prices for their goods or services. (iii)They exert political pressure on the government on behalf of their constituents (iv) They resolve conflicts between members.

Source: The Hindu

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