International Intellectual Property Index 2023

• 28 Feb 2023

For Prelims: Universal Declaration of Human Rights, World Trade Organisation, National Intellectual Property Rights (IPR) Policy 2016, Trade Related Aspects of Intellectual Property (TRIPS Agreement).

For Mains: India and IPR, Issues Related to IPR.

Why in News?

Recently, India ranks 42^nd among 55 leading global economies on the International Intellectual Property (IP) Index 2023 released by the U.S. Chambers of Commerce, according to which India is ripe to become a leader for emerging markets seeking to transform their economy through IP-driven innovation.

• US topped the International IP Index followed by United Kingdom and France.

What is International IP Index?

• The Index evaluates the IP framework in each economy across 50 unique indicators which industry believes represent economies with the most effective IP systems.
• The indicators create a snapshot of an economy overall IP ecosystem and span nine categories of protection: Patents, Copyrights, Trademarks, Design Rights, Trade Secrets, Commercialization of IP Assets, Enforcement, Systemic Efficiency, Membership and Ratification of International Treaties.

What is Intellectual Property?

• About:
  • Intellectual Property (IP) refers to creations of the mind, such as inventions, literary and artistic works, symbols, names, and images used in commerce.
  • It is a form of legal protection in the form of Intellectual Property Rights (IPR) given to individuals or companies for their creative and innovative works.
    • These rights are outlined in Article 27 of the Universal Declaration of Human Rights.
  • These legal protections allow the creators to control use of their work and prevent others from using or reproducing them without permission.
• Types:
  • The main types of IP include patents for inventions, trademarks for branding, copyrights for artistic and literary works, trade secrets for confidential business information, and industrial designs for product appearance.
• India and IPR:
  • India is a member of the World Trade Organisation and committed to the Agreement on Trade Related Aspects of Intellectual Property (TRIPS Agreement).
  • India is also a member of World Intellectual Property Organization, a body responsible for the promotion of the protection of intellectual property rights throughout the world.
  • The National Intellectual Property Rights (IPR) Policy 2016 was adopted in May 2016 as a vision document to guide future development of IPRs in the country.
    • Its clarion call is “Creative India; Innovative India”.
• Issues Related to IPR:
  • Enforcement: Despite efforts to strengthen IP enforcement, piracy and counterfeiting remain significant problems in India.
    • Enforcement agencies often lack the resources and expertise to effectively combat these issues, leading to low rates of prosecution and conviction.
  • Patent Backlog: The backlog of patent applications in India is a major challenge.
    • This leads to delays in granting patents and creates uncertainty for innovators seeking to protect their inventions.
  • Lack of IP Awareness: There is still a lack of awareness and understanding of IPR among many businesses and individuals in India.
    • This can lead to inadvertent infringement of IP rights, as well as challenges in enforcing these rights.

Way Forward

• Enhancing Enforcement: India needs to strengthen its IP enforcement mechanisms, including increasing resources and expertise for enforcement agencies, improving coordination between different agencies, and streamlining legal procedures for IP disputes.
• Streamlining Regulations: India needs to simplify and streamline the regulatory environment for IPR, including reducing administrative burdens and increasing transparency in IP registration and enforcement procedures.
• Encouraging Innovation: India needs to incentivize innovation by offering tax incentives and funding for research and development, as well as promoting collaborations between industry, academia, and government.

UPSC Civil Services Examination, Previous Year Questions (PYQs)

Prelims

Q1. With reference to the ‘National Intellectual Property Rights Policy’, consider the following statements: (2017)

1. It reiterates India’s commitment to the Doha Development Agenda and the TRIPS Agreement.
2. Department of Industrial Policy and Promotion is the nodal agency for regulating intellectual property rights in India.

Which of the above statements is/are correct?

(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2

Ans: (c)

Q2. Consider the following statements: (2019)

1. According to the Indian Patents Act, a biological process to create a seed can be patented in India.
2. In India, there is no Intellectual Property Appellate Board.
3. Plant varieties are not eligible to be patented in India.

Which of the statements given above is/are correct?

(a) 1 and 3 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3

Ans: (c)

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Mains

Q. In a globalized world, Intellectual Property Rights assume significance and are a source of litigation. Broadly distinguish between the terms—Copyrights, Patents and Trade Secrets. (2014)

Source: TH