India is on the brink of an innovation revolution, poised to leverage its growing intellectual property prowess to become a global leader in the knowledge economy. With a robust policy framework and an unprecedented rise in IP filings, the country is steadily aligning itself with international intellectual property rights regimes. However, to truly catalyse innovation, India must tackle existing domestic challenges, deepen its integration into the global IPR framework, and foster an ecosystem that promotes creativity and commercialisation.
India’s innovation scenario witnessed remarkable progress over the last decade. The country climbed from the 81st rank in 2015 to 39th in the 2023 Global Innovation Index, signalling significant advancements in research, development, and intellectual property protection. In 2023, India ranked sixth globally in patent applications, with 64,480 filings, reflecting a staggering 149.4% increase in its patent-to-GDP ratio. Notably, over 55% of these filings originated from Indian residents, indicating the dynamic innovation capabilities being developed domestically.
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India also excelled in industrial design applications, recording a 36.4% growth in 2023. Sectors such as consumer electronics, healthcare, and fashion technology are leading the charge, demonstrating the country’s focus on manufacturing innovations. Similarly, trademark filings rose significantly to 466,580 in 2023, and India now boasts 643 registered geographical indications (GIs), with iconic products like Darjeeling tea and Kutch Ajrakh gaining international recognition. These milestones underscore India’s readiness to capitalise on global IP frameworks to bolster its innovation ecosystem.
Role of the global IPR regime
The global IPR framework, governed by agreements under the World Intellectual Property Organisation (WIPO) and the WTO’s TRIPS framework, offers a structured system for protecting intellectual property across borders. For India, greater engagement with these treaties can simplify the process of international IP protection, provide global visibility to Indian innovations, and establish the country as a reliable partner in the global knowledge economy. However, navigating this regime requires careful consideration of the opportunities and challenges it presents.
The Strasbourg Agreement on Patents, for instance, facilitates the systematic classification of inventions through the International Patent Classification (IPC) system. India already adheres to this system in principle, which makes compliance straightforward. By signing this agreement, India can participate more effectively in global prior art searches, ensuring that its patent contributions are visible in the international innovation landscape. Similarly, the Hague Agreement on Industrial Designs simplifies the international registration of industrial designs, reducing administrative costs and burdens for Indian innovators. However, aligning with this treaty will require India to amend its Designs Act, enabling provisions such as deferred publication and multi-design applications.
On the other hand, the Geneva Act of the Lisbon Agreement on GIs presents both opportunities and challenges. While it centralises the management of GIs internationally, it demands substantive changes to India’s GI Act and necessitates a robust online system to meet stringent timelines. India’s decision to engage with this treaty will hinge on careful consultation with stakeholders to balance domestic sensitivities and international benefits. Meanwhile, the recently signed Design Law Treaty promises procedural improvements in managing industrial design filings and licenses, offering a streamlined framework for innovators.
Learning from China
China’s success in navigating the global IPR regime provides a valuable case study for India. By adopting a proactive stance, China has positioned itself as a global leader in patents and industrial designs, leveraging international treaties to foster domestic innovation.
Its engagement with agreements such as the Hague and Strasbourg treaties has enabled it to align domestic policies with global standards, significantly boosting its innovation output. India can emulate this approach by shedding its defensive posture and focusing on opportunities in global markets rather than merely protecting domestic ones.
Domestic challenges and policy needs
Despite its achievements, India faces several challenges in fully leveraging the global IPR framework. Capacity constraints in IPR offices, including insufficient manpower and outdated systems, often hinder timely processing of applications. Additionally, the opaque functioning of large firms in the IPR space raises concerns about equitable access and benefits. To address these issues, India must strengthen its IPR infrastructure, increase transparency, and ensure regulatory oversight that fosters fair competition.
Efforts to enhance IP awareness among startups, SMEs, and academic institutions are equally critical. The shift in academic circles from the “publish or perish” mindset to “patent, publish, and prosper” reflects the growing recognition of IP as a driver of economic growth. Strengthening industry-academia collaboration will be essential to converting research outputs into commercial innovations.
Aligning with global standards
To harness the global IPR regime effectively, India must align its domestic laws and systems with international best practices. This alignment will not only attract foreign investment but also provide Indian innovators with the tools to compete globally. Amending laws such as the Designs Act and GI Act to incorporate treaty provisions, developing advanced IT systems for IP processing, and deploying skilled personnel are necessary steps in this direction. These measures will signal India’s commitment to becoming an IPR-savvy destination, fostering confidence among domestic and international stakeholders.
By strategically engaging with the global IPR regime and addressing domestic challenges, India can transform itself into a hub for cutting-edge R&D and intellectual property creation. The path forward requires a shift in mindset—from defensive to offensive—where India not only protects its markets but actively seeks to capture global ones. With the right policies, investments, and collaborative efforts, India can achieve its vision of becoming a leader in the global knowledge economy, driving sustainable growth and technological progress for years to come.
Dr Ravindran AM is an economist based in Kochi. He has more than three decades of academic and research experience with institutions such as CUSAT, Central University of Kerala, Cabinet Secretariat - New Delhi, and Directorate of Higher Education Pondicherry.