Day 50 – Q 3. Has India’s IPR regime stifled innovation? Critically examine.
3. Has India’s IPR regime stifled innovation? Critically examine.
क्या भारत के IPR प्रणाली ने नवाचार को रोक दिया है? समालोचनात्मक जांच करें।
IPR refers to Intellectual Property Rights which are exclusive commercial rights for novel innovations. Intellectual property (IP) is a category of property that includes intangible creations of the human intellect such as copyrights, patents, and trademarks.
IP is key to innovation, and innovation is crucial in economic development. Thus the role of the Indian IPR regime is vital. India has adopted an IPR regime in line with international standards.
However, India’s IPR regime is alleged to stifle innovation because:
- It discourages ever-greening of patents with minor changes without any significant improvement in effectiveness or efficiency.
- The bureaucratic setup which is allegedly corrupt, unresponsive and lacks expertise to recognize and promote innovation.
- Allegedly, no major successful initiatives have been taken by the agencies concerned either to popularize IPRs in India.
- Lack of swift and cost-effective judicial measures to enforce IPR exclusivity and the resultant plagiarism.
5.Weak link between local Indian companies, individuals and Indian IP authorities: India filed only 1.18% of global patent filings, number of foreigner filing in India is higher
6.Few patent examiners result in patents processed per examiner declining
7.Speed of granting patents more slower compared to global standards
8.Copycats: Allowing generic products (like drugs) etc. promote Indian living standards, generate employment at the same time affecting the innovator.
However, the counter arguments are:
- Ever-greening has been found to stifle innovation, becoming a tool to further concentrate in the hands of fewer companies.
- Despite the meagre state support to R&D in the country, India ranks 6th worldwide in terms of IPR creation.
For e.g. Ericson company found India patent friendly nation
Steps taken to promote innovation:
1)Transparency: Filing and examination results are now public domain
2)Low cost of filing patents compared globally
3)Start-up benefits: Start-up Intellectual Property Protection helps start-ups gain tax benefits, reduced filing costs and protect trademarks, copy rights etc.
4)Establishment of New numbering system compatible with global IP offices.
5)Prevention of ever greening patents (US medicines most expensive compared to Indian ones)
As such, to suggest that India’s IPR regime has stifled innovation would be an exaggeration. Initiatives such as CIPAM, TRIPS compliance can promote the delicate balance between ensuring societal benefit without stifling innovation adequately . But it’s true that by creating popular awareness about IPRs and by providing effective & cost-efficient judicial-legal remedies against IPR violation, we can further accelerate innovation in India.
Best answer: Shri