Strong policy push, new breed of Inventors can position India on firm ground in global IPRs

A policy push and a new breed of investors are needed for improving global International Property Rights (IPR) leadership. Noted IPR expert

Prof H Purushotham says India's performance in IPRs is comparable to some of the advanced economies and hopeful that due to its immense human resources talent, its IPR regime is in compliance with the World Trade Organisation (WTO) agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).The agreement basically introduced the global minimum standards for protection, enforcement and dispute settlement of nearly all forms of intellectual property rights (IPR)As a result of TRIPS agreement global harmonization of the IPR Acts has been achieved at a minimum level except few exceptions which are based on the country specific, Purushotham tells Bizz Buzz

What needs to be done by India to become an IPR-friendly nation and a global player in IPRs?

India has been taking several initiatives to become an IPR friendly nation. For example, by defining its standards as per the Global Intellectual Property norms, setting up fully computerized Intellectual Property offices based on the USPTO model, approving the Patent Prosecution Highway Program, amending the Manual of Patent Office Practice and Procedures to ease out several filing processes.

In spite of implementing all the above friendly policies and reforms USA continues to remain put India on the US priority watch list for alleged violations of IPR, particularly on the IP protection in the pharma industry.

To overcome such global negative perceptions it is necessary to create awareness on the need for adopting and implementing global best IPR practices in the industry that will safeguard the interest of our young inventors, innovators, entrepreneurs, startups and foster a culture of IP, innovation and creativity throughout India. We need strong Policy push and new breed of Inventors and Innovators to position India as a global leader in IPRs.

Who are the leaders in having a robust IPR regime which India can adopt?

Countries such as the US, European Union, China, South Korea, Japan and Germany are leading in global IPRs, while MNCs including IBM, Samsung, LG, Canon, Intel, etc,. are ahead of other companies. And in terms of universities, University of California, MIT, Harvard University, University of Texas, King Fahd University of Petroleum and Minerals, Stanford University are leaders in the IPR Regime.

Do you think low ranking of innovation index of Andhra Pradesh and Telangana is directly linked to their weak start-up ecosystem? How is the awareness level among innovators to patent and trademark?

Although India ranked third in Startup ecosystem in the world, but there are lot of gaps and weaknesses in the ecosystem within the States. The NITI Aayog's India Innovation Index is a major step towards measuring innovation outcomes of States and facilitating optimal utilization of national and State mechanisms to reach the goal of AatmanirbharBharat. In that, Telangana and Andhra Pradesh secured fourth and seventh rank respectively and it's a good achievement in spite of several challenges AP has been facing particularly due to bifurcation of State. Karnataka topped the Indian Innovation Index 2020.

The universities in AP need to play a key role to raise the IP awareness in the State. The first IPR Centre has been established in Andhra University with support from DPIIT, Ministry of Commerce and Industry under its SPRIHA Scheme, and soon it is expected to become the State nodal agency for IPR matters. Therefore, it is expected to have an increased level of IP awareness and filings in AP very soon.

Do you think opening IP offices in India on the lines of United States Patent and Trademark office is evoking a good response?

Definitely, opening more IP offices will be beneficial as the applications can be quickly examined and IPs can be granted fast as currently patent granting is taking four-five years in India which is longer compared to many advanced economies. In this digital era, it is important to create more IP offices and make the IP office operations fully computerized with more staff. Electronic filing is easier and less messy.

DRDO has provided free access of its 450 patents to the industries. Do you think all others should replicate it to ease patent Commercialization?

In its latest policy formulation, DRDO has eased down the need for licence and royalty for use of Indian patents held by the agency. By this move DRDO has put it's over 450 patents (covering missile technology, aeronautics, naval system, electronic, communication etc.) for free access to industries for commercial exploitation. Such initiative is an attempt to ease the current disconnect between IP creators and potential users. Therefore, the Indian industries can avail DRDO patents at zero upfront cost that gives them the opportunity for enhancing their capabilities and improving supply chain. This free licence to DRDO patent will be granted to public and private entities including start-ups after taking into account the entities' capacity to absorb technology, production capabilities, and quality control mechanisms. It may also be noted that about 5-10 per cent of the patents only are commercialized and most of them are in the shelfs of the research labs and universities,

What are the steps required to provide patent guidance and assistance to young innovators and entrepreneurs?

Firstly, the young innovators and entrepreneurs should develop awareness what is happening in their domain and establish networks among its stakeholders as their network is their net worth in the knowledge economy. The IP ecosystem is emerging rapidly, and many State and Central Government promotional schemes are now available to protect their IP such as NRDC, TIFAC, IPO/DPIIT,AICTE, MSME, MeitY etc. Secondly, after they have reached the prototype development and testing, they must get in consultation with a patent agent/attorney or an IPR cell in the University seek guidance on evaluation.

How Andhra Pradesh is doing in the IP arena?

People of Andhra Pradesh are traditionally innovative and entrepreneurial. AP is able to maintain innovation in its DNA which can be seen from the following numbers from the latest annual report of Indian Patent Office 208-19.

AP filed 321 patents, accounts for 0.63 per cent, and ranked at 11th position in India. AP filed 3,533 trademarks, accounting for 1.11 per cent, and ranked at 5th position in India. AP has 17 Geographical Indicators (GIs) out of 343 total GI applications filed and it accounts for 4.95 per cent that puts AP at 7th rank.