Patent Power: India's Rise as a
Global Innovation Hub
Advitya Bahl
The World Intellectual Property Organization (WIPO) plays a pivotal role in shaping the global Intellectual Property (IP) landscape. Each year, WIPO's World Intellectual Property Indicators (WIPI) report provides comprehensive insights into global IP filing trends. The 2024 WIPO report is particularly significant for India as it highlights country's increasing prominence in the innovation space. With impressive gains in patent, trademark, and industrial design applications, India's growth in IP filings is a testament to its evolving position as a global innovation powerhouse.
India ranks 6th globally in patent applications, with 64,480 filings in 2023, reflecting a remarkable growth rate of +15.7%. This growth continues a streak of double-digit increases over the past five years, underscoring India's rising stature as a key player in global IP. India's strong presence in patents places it alongside top-tier countries such as China, the United States, Japan, and South Korea, and highlights its transition into a hub for technological and scientific advancements.
A Shift Toward Domestic Innovation: One of the most remarkable shifts seen in the 2024 report is the rise in domestic patent filings. In 2023, more than half (55.2%) of India's patent applications came from Indian residents-an unprecedented milestone. This shift signals a growing culture of innovation within India, where local companies, universities, and research institutions are becoming increasingly active in generating new technologies and intellectual property. Such trends reflect the success of governmental initiatives such as the National Intellectual Property Rights (IPR) Policy and the Atmanirbhar Bharat campaign, which have played crucial roles in fostering an innovation-friendly environment across sectors.
Furthermore, India's patent-to-GDP ratio, which tracks the economic contribution of patent activity, has seen a significant rise, from 144 in 2013 to 381 in 2023. This growth indicates that innovation is playing an increasingly critical role in driving India's economic growth and transformation into a knowledge-driven economy.
Surge in Industrial Design Applications: India's surge in industrial design applications is another noteworthy aspect of its IP performance. In 2023, industrial design filings grew by 36.4%, marking a shift towards greater emphasis on creativity, design, and product innovation. This growth spans across diverse sectors such as textiles, automobiles, consumer electronics, and healthcare. The textile and fashion industries, in particular, benefit from India's rich cultural heritage, which fuels a growing demand for innovative designs, both domestically and internationally.
India's focus on industrial design reflects a broader transformation of its manufacturing sector. The country is increasingly positioning itself as a global manufacturing hub that prioritises not just mass production but also value-added, design-driven innovation. This trend is particularly significant in sectors such as health and cosmetics, where aesthetics and functionality are crucial to product success.
Strengthening Brand Protection: India's trademark filings also saw significant growth in 2023, with the country ranking 4th globally. India's 6.1% year-on-year increase in trademark filings reflects the growing importance of brand protection in the country's thriving domestic and international markets. Indian businesses, driven by a burgeoning entrepreneurial spirit, are increasingly aware of the need to protect their brands to ensure their competitiveness in the global market.
Nearly 90% of India's trademark filings in 2023 were made by Indian residents, underscoring the domestic focus on securing brand identities. With over 3.2 million active trademarks in force, India now holds the second-largest number of active trademark registrations globally, positioning it as a leader in global brand protection.
Government Initiatives and Support
1. National Intellectual Property Rights (IPR) Policy: Intellectual Property Rights (IPR) are at the heart of driving creativity and innovation, both of which are essential for the growth and progress of any knowledge-based economy. In India, there is a rich and abundant flow of creative and innovative energies, laying the foundation for a thriving IPR ecosystem. As the world's largest democracy and one of the fastest-growing economies, India has developed a robust, TRIPS-compliant, and equitable IPR regime designed to stimulate and protect the intellectual creations that fuel progress across various sectors.
The National Intellectual Property Rights (IPR) Policy seeks to leverage the power of intellectual property to unlock the nation's full potential, fueling economic growth while safeguarding public interests. This policy envisions a holistic and dynamic ecosystem that promotes the creation, protection, and commercialisation of IP assets, driving the socio-economic development of the country.
At the core of the National IPR Policy is the recognition of intellectual property as not just a legal asset, but a powerful economic tool with the potential to transform industries, foster innovation, and advance India's position on the global stage. The policy aims to raise awareness about IPRs as valuable financial assets, encourage their commercialisation, and build a system that fosters creativity while ensuring the protection of the public interest.
The vision for India's IPR landscape is clear: to create an environment where intellectual property stimulates creativity and innovation across fields such as science, technology, arts, culture, traditional knowledge, and biodiversity. In this vision, India will become a nation where knowledge is the key driver of development, where intellectual property is not just protected but shared for the greater benefit of society. It encourages the generation and commercialisation of intellectual property, while modernising and enhancing service-oriented IPR administration and bolstering enforcement mechanisms to combat IPR infringements.
2. Scheme for Startups Intellectual Property Protection (SIPP): Launched in 2016, this scheme supports startups by providing access to high-quality IP services, covering professional fees for IPR services. It aims to help startups protect and commercialise their innovations, and is set to run until March 31, 2026.
3. Draft Model Guidelines for Academic Institutions: These guidelines aim to promote innovation through research, ensuring fair processes for IP ownership, control, and revenue sharing. It also encourages disclosure of IP filings for government-funded research.
4. National Intellectual Property Awareness Mission (NIPAM): Launched in December 2021, NIPAM is a nationwide initiative aimed at educating 1 million students on intellectual property, encouraging creativity, and helping students in higher education understand and protect their innovations.
Legislative and Administrative Landscape
Over the past two decades, the Indian government has taken significant steps to align its Intellectual Property Rights (IPR) regime with national development priorities and international agreements. This has resulted in a robust, dynamic, and TRIPS-compliant IPR framework, with continuous improvements in administration, management, and enforcement.
India's IPR laws include the Patents Act, 1970; Trade Marks Act, 1999; Designs Act, 2000; Geographical Indications Act, 1999; Copyright Act, 1957; Protection of Plant Varieties and Farmers' Rights Act, 2001; Semiconductor Integrated Circuits Layout-Design Act, 2000; and Biological Diversity Act, 2002. The Department of Industrial Policy and Promotion (DIPP) oversees IPR matters and coordinates with the World Intellectual Property Organization (WIPO) and other ministries.
The Controller General of Patents, Designs, and Trade Marks (CGPDTM) administers IPR laws through regional offices in Chennai, Delhi, Kolkata, and Mumbai. The Copyright Act is managed by the Ministry of Human Resource Development, while the Protection of Plant Varieties Act is under the Ministry of Agriculture. The Department of Information Technology manages semiconductor layouts, and the Ministry of Environment handles biological diversity.
India has ratified key international treaties, including the Marrakesh Treaty and the Madrid Protocol, and the Indian Patent Office has been recognised as an International Search and Preliminary Examination Authority. The country's IPR regime also includes judicial review mechanisms, with Indian courts consistently enforcing IP laws. Efforts have been made to modernise IP offices, improve e-services, and enhance public access to IP information through innovative digital tools.
Emerging Careers
For job seekers, India's growing IP activity presents a wealth of career opportunities. The rapid expansion of patent, trademark, and industrial design filings necessitates a range of new roles in patent law, IP strategy, innovation management, and licensing. As Indian businesses increasingly recognise the value of protecting their intellectual assets, demand for professionals in areas such as brand management, trademark protection, and IP commercialisation is set to rise. This shift not only supports entrepreneurship by offering legal and business frameworks to protect and monetise new ideas, but also fosters a broader entrepreneurial ecosystem that encourages risk-taking, creativity, and technological advancement.
Furthermore, the focus on intellectual property as a key driver of economic growth is helping to position India as a knowledge-driven economy. With industries across sectors leveraging innovation to gain a competitive edge, IP-related careers are not only lucrative but also integral to the country's economic future. As India strengthens its IP infrastructure and enhances its global trade relationships, the demand for skilled professionals in the field will only increase. This vibrant landscape offers numerous pathways for individuals seeking to play a part in shaping India's future as a global leader in innovation. Whether it's through contributing to the protection of groundbreaking inventions or helping to commercialise new technologies, there has never been a better time for career seekers to explore the diverse opportunities emerging in India's rapidly evolving IP ecosystem.
Types of IPR
1. Patents: Patents grant exclusive rights to inventors for a novel, useful, and non-obvious invention, typically for 20 years. They protect industrial products or processes that offer technological solutions to technical challenges.
2. Industrial Designs: These refer to the visual aspects (shape, colour, pattern, etc.) of a product. For registration, the design must be novel, unique, and not violate public morals.
3. Copyright: Copyright provides exclusive rights to authors of original creative works like books, music, films, and software. It allows authors to control reproduction and distribution of their works.
4. Trademarks: Trademarks distinguish goods or services by symbols, names, logos, or packaging. They help consumers identify products and services in the marketplace.
5. Geographical Indications (GI): GIs identify products from specific locations with qualities or reputations tied to their origin, like Darjeeling tea or Basmati rice.
6. Semiconductor Integrated Circuit Layout-Design (SICLD): SICLD protects the layout design of semiconductor circuits, governed by the SICLD Act, 2000.
Types of IP Licensing
1. Exclusive Licensing: The IP is licensed to one entity only, granting them exclusive rights to use it.
2. Non-exclusive Licensing: Multiple entities can be granted licenses to use the same IP, often for different purposes.
3. Sub-licensing: The licensee may transfer their licensing rights to another party, provided this is specified in the agreement.
TRIPS Compliance: Meaning and Significance
TRIPS (Trade-Related Aspects of Intellectual Property Rights) is an international legal agreement that sets out minimum standards for the protection and enforcement of intellectual property (IP) rights globally. It was established under the World Trade Organization (WTO) in 1994 and covers a broad range of IP types, including patents, copyrights, trademarks, geographical indications, industrial designs, and trade secrets.
For India to be TRIPS compliant means that the country adheres to the standards and obligations set out by TRIPS. This includes aligning its national laws and policies with the provisions laid out in the agreement. Specifically, India's IPR laws to meet the following TRIPS requirements:
1. Minimum Protection Standards: India provides protection for various types of intellectual property, ensuring a basic level of rights for creators, inventors, and innovators.
2. Patent Protection: TRIPS mandates patent protection for inventions in all fields of technology, including pharmaceuticals, for at least 20 years. However, India has introduced certain provisions, such as Section 3(d) of the Patents Act, to prevent "evergreening" of patents and to protect public health, especially concerning affordable access to medicines.
3. Copyright Protection: TRIPS requires that copyright be granted for at least the life of the author plus 50 years (extended in some cases, such as for films or anonymous works).
4. Trademarks and Geographical Indications: The agreement sets clear guidelines on trademark registration, protection, and enforcement. It also covers the protection of geographical indications (GIs), such as "Darjeeling Tea" or "Basmati Rice," which are linked to specific regions or communities.
5. Enforcement and Compliance: TRIPS obligates countries to establish effective legal mechanisms for the enforcement of IP rights. This includes measures to prevent counterfeiting, piracy, and IP violations, along with providing an efficient judicial and administrative system for IP disputes.
6. Technology Transfer: The agreement encourages the transfer of technology to developing countries, providing a framework that allows for the protection of IP while also fostering innovation and technology sharing.
Being TRIPS compliant has helped India enhance its global trade relations, attract foreign investments, and promote innovation. It has also strengthened India's position in international trade negotiations and supported the growth of domestic industries by protecting the intellectual property created within the country.
For India, being TRIPS compliant also balances the protection of intellectual property rights with the need for access to affordable medicines and sustainable innovation, especially in fields crucial to public welfare.
(The author is Delhi-based correspondent of a leading English daily. Feedback on this article can be sent to feedback.employmentnews@gmail.com) Views expressed are personal)