Intellectual Property Rights (IPR) in India

Posted 19 Aug 2025

Updated 21 Aug 2025

5 min read

Infographic titled 'India's Global Position in IP Filing.' India granted the highest number of patents in FY24 with 1,03,057 patents. India ranked 4th globally in trademark filings in 2023, a 6.1% increase from the previous year. India improved its global patent filing position from 9th in 2020 to 6th in 2023, according to WIPO.

Why in the news?

India's Intellectual Property (IP) filings rose by 44% in last 5 years, led by a 380% surge in Geographical Indications.

Reasons for Increase in IP Boom

Legal & Procedural Simplification of IP laws & rules E.g. Patent examination timeline reduced from 48 months to 31 months and mandatory e-submission for patent documents.
Modernization of IP Offices: IP offices have been digitized with a comprehensive e-filing system, leading to over 95% of applications being filed online.
International standards: E.g. adoption of international classification under Locarno Agreement for Industrial Designs.
- Locarno agreement is an international agreement under the World Intellectual Property Organization (WIPO) signed in 1968.
Awareness & Capacity Building E.g. SPRIHA Scheme aims to integrate IPR education into higher learning institutions across the country
- National Intellectual Property (IP) Awards: To recognize and reward the top achievers for their IP creations and commercialization.
Other: Fee Concessions (10% fee reduction for online filings), Digital initiatives (IP Sarthi Chatbot for applicant support and IP Dashboard to provide real-time IP data) and use of AI and Machine Learning etc.

Intellectual Property Rights (IPR)

Definition: IPR are the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period of time.
- 8 types of IPR are covered under IPR Policy Management (IPRPM) framework: (i) Patents, (ii) Trade mark, (iii) Industrial Designs, (iv)Copyrights, (v) Geographical Indications, (vi) Semiconductor Integrated Circuit Layout Design, (vii) Trade Secret, and (viii) Plant Varieties.
Administered by: Controller General of Patents, Designs and Trademarks which is under the control of the Department of Industrial Policy and Promotion (DIPP), Ministry of Commerce and Industry.
- Act on Layout-Design of Integrated Circuits is administered by Ministry of Electronics and Information Technology (MeitY).
- Ministry of Agriculture administers the Act on Plant Variety.

Details of legal and regulatory considerations for different IP areas:

IPR Area	Subject	Legal Provision	Term of Protection
Geographical Indication (GI)	Goods bearing unique characteristics due to geographical linkage - agricultural goods, natural goods, manufactured goods, handicrafts and foodstuff.	Geographical Indications Act 1999 & GI Rules 2002 amended in 2020.	10 years, Renewed for 10 years on payment of additional fees
Design	New or original designs (Ornamental / visual appearance discernible to the human eye) which can be replicated industrially.	The Design Act, 2000 & Designs (Amendment) Rules 2021	10 + 5 years
Patents	Must qualify requirements of being novel, Inventive and having industrial utility.	The Patents Act, 1970 & Patent Rules, 2003 (Amended in 2014, 2016, 2017, 2019, 2020 and 2021)	20 years
Copyright	Creative, artistic, literary, Musical and audio-visual works	The Copyrights Act, 1957 &Copyrights Rules 2013 amended in 2021.	Author- Lifetime+ 60 years; Producers - 60 years Performers- 50 years;
Trademarks	Protects brand name, logo, and design for a business or commercial enterprise.	The Trade Marks Act, 1999 & Trademark Rules 2017	10 years; renewed for 10 years on payment of additional fees
Semiconductor Integrated Circuits Layout-Designs (SICLD)	A layout of transistors and other circuitry elements including lead wires connecting such elements and expressed in any manner in semiconductor integrated circuits.	The Semiconductor Integrated Circuits Layout- Design Act, 2000 & Rules, 2001.	10 years
Trade Secret	Confidential information having commercial value.	Common Law approach (covered through Contract Act, IP Act, and Copyright etc.)	Till the time confidentiality is safeguarded.
Plant Varieties	Traditional varieties and landraces, all developed varieties (non-traditional and non-landrace) in trade/use for older than 1 year and not older than 15 years or 18 years (in case of trees and vines), and new plant varieties.	Protection of Plant Varieties and Farmers Rights Act (PPVFRA), 2001	6-10 years.

Infographic titled 'Significance of Growth in Intellectual Property Rights.' Economic Impact – A 1% increase in trademark, patent, and copyright protection can raise FDI by 3.8%, 2.8%, and 6.8% respectively. Global Competitiveness – Surge in patent filings shows India's evolution into an innovation producer, driving breakthroughs in key sectors. Startup Ecosystem – Patent growth aligns with India's startup boom, with over 1.25 lakh recognized startups as of March 2024. Diversity and Inclusivity – Women patent filers in India rose from 10.2% in 2021 to 11.6% in 2022.

Low Research and Development (R&D) Spending: India spends a mere 0.7% of its GDP on R&D, significantly lower than countries like China (2.1%) and Brazil (1.3%).
Patent Disputes and Evergreening: The pharmaceutical sector often faces issues related to patent evergreening, where companies make minor modifications to existing drugs to extend their patent life.
- Section 3(d) of the Patents Act, 1970, prevents this, leading to disputes with multinational corporations.
Compulsory Licensing Concerns: In the pharmaceutical sector, the government can allow the production of patented products (e.g., medicines) without the patent holder's consent.
- While this ensures access to essential medicines, it has led to tensions with global pharmaceutical companies.
IP Financing in Nascent Stage: Due to lack of awareness, complexities in IP valuation, reliance on traditional tangible assets, and vulnerability of IP as collateral.
- IP financing is the use of IP assets (trade marks, design rights, patents and copyright) to gain access to credit.
Ambiguity of "Patent Pending" Status: Unlike countries like the USA, India lacks a clear provision for marking products as "patent pending," which could deter competitors and act as a marketing tool.
Other: Delays in IPR Granting and Backlog, Weak Enforcement of IPR Laws, Commercialization Gap (High filings don't guarantee successful market-ready products) etc.

Way Forward

Holistic Review of National IPR Policy: To address new and emerging trends in innovation, identify implementation gaps, and incorporate changes for expanding innovation ecosystem and IP financing.
Strengthen State Government Participation: To formulate and implement their own IPR policies, focusing on awareness, innovation in educational institutions, establishing State-level Innovation Councils, and curbing IP crimes.
Strengthening Enforcement Mechanisms: Improve coordination between law enforcement, customs, and IP offices and provide specialized IPR training. Establish more specialized IPR courts with technically trained judges.
Create IP Fund: Establish a dedicated IP fund to support initiatives fostering IP culture in remote and traditional knowledge-rich regions, such as tribal belts, hilly, and North-East states.
Enhancing International Collaboration e.g. Cooperate with global IP bodies (e.g., WIPO) and adopt best practices.
- Ensuring that trade agreement's IP provisions balance innovation, public health, and national interest.
Other: Promoting Innovation & Research through R&D incentives (tax breaks, grants), Strengthening Cyber security & Digital IPR Protection to combat online piracy, enhance IP awareness through educational initiatives etc.