Intellectual property rights - Jan 2025

Intellectual property rights

Word Count: 494

--Athul Chandran Nambiar

Intellectual property right is an exclusive right given over the use of his/her creation for a certain period after registering the Intellectual property under a law (Act) to foster creativity, economic development and the constant need to innovate. The strengthening of Intellectual property legislation and rise of the digital economy along with international collaborations, show very dynamic and prospective approach to IP rights, where emerging technologies like AI - ML, IOT (Internet of things) and blockchain have made huge structural impacts to IPR. There are 7 generally accepted forms of intellectual property rights that widely protect IP in India which are Patent, Design, Trademark, Geographical Indications, Semiconductor Integrated Circuits Layout Design (SICLD), Plant Variety Protection and Farmer’s Rights (PPVFR), Copyrights. In the digital age we live today, the procedure for applying, receiving and tracking Intellectual properties have mostly shifted to E-filling. The ‘InPASS’ (Indian patent advanced search system) system has also been optimised through which we have reached record low levels of pendency where with AI-powered tools, patent searches become easier and drafting new applications automatically by saving time during filing while enhancing quality of granted patents. As we continue to navigate through the complexities of the IPR, collaboration between government, academia, and industry will be one of the deciding factors in shaping policies and practices that balance the imperatives of innovation, economic development, and social welfare of the country. Also there are quite a few challenges faced with the IPR in India where the patent of drugs, chemical and pharmaceutical often undergo evergreening of patent or incremental inventions apart from which IP is slowly moving towards the intangible digital assets which are playing a big role, where ones with computer software and related inventions there remains no clarity as to incorporate the intellectual creation of the digital kind under copyright or patents. The potential of developing trust, clarity, transparency, as well as efficiently managing rights to set defined intellectual properties, lies in its ability to offer safe means through which ownerships can be dated back to their origins alongside usage rights being monitored through blockchain technology where IoT produces big data which involves data rights, privacy, and cybersecurity. With provisions like compulsory licensing, where government intervenes to grant the IP licence to other competitors in the field, at times of emergency or if it is a matter of life and death, like the case where petitioner initiated legal proceedings before the court challenging the Intellectual Property Appellate Board's decision to issue a compulsory license to Natco Pharmaceuticals Ltd. under Section 84 of the Patents Act, 1970 (Act of 1970which was India’s first and only successful compulsory licencing the government has also been constantly working to make the area of Intellectual properties more accessible and to strengthen the laws through policy’s like the National IPR policy May 2016. Only by embracing these emerging trends and leveraging intellectual property as a driver of growth and prosperity, can we unlock the maximum potential of the country.