Home India Ministry of Commerce and Industry Parliament Question: IPR System...
Date: 2025-08-05 Category: Not Applicable State: Union Government Country: India

Parliament Question: IPR System

Issued by Ministry of Commerce and Industry · Not Applicable

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Executive Summary & Key Takeaways

Executive Summary: The Indian government addresses a parliamentary inquiry regarding the nation's Intellectual Property Rights (IPR) system, affirming its robustness and compliance with international standards. The response details administrative and legislative reforms over the past decade aimed at strengthening the IP ecosystem, including the National IPR Policy of 2016 and amendments to IP rules. These measures have led to a significant increase in IP filings by Indian residents. Key Points / Main Content: * **IPR Framework:** * India's IPR system is robust, equitable, dynamic, and TRIPS compliant. * It balances the interests of right holders with public interest. * The legal framework offers a stable foundation for IP protection and promotion. * **Government Initiatives:** * The National IPR Policy was introduced in 2016. * IP Rules have been amended to simplify filing, processing, and reduce delays. * Patent Rules amended in March 2024 to ease patent seeking and maintenance. * The Jan Vishwas Act 2023 decriminalizes certain IPR provisions. * **Facilitation of IPRs:** * Reduced filing fees for patents, designs, and trademarks. * Electronic filing systems introduced. * Simplified application processes. * Decreased processing times. * **Increase in IP Activities:** * IP filings by Indian residents increased by 44% in the last five years (2020-21 to 2024-25). * Geographical Indications (GI) saw the highest growth (380%), followed by Designs (266%), Patents (180%), Copyright (83%), Trademarks (28%), and Semiconductor Integrated Circuits Layout Designs (20%). * **Key Measures and Activities (Past Decade):** * National IPR Policy (2016): Fosters innovation, creativity, and entrepreneurship. * Decriminalizing Offenses (Jan Vishwas Act, 2023): Enhances ease of doing business. * Amendment in IPR Rules: Streamlines IP application processing and integrates IT. * Modernization & Digitization of IP Offices: Online filing, redesigned website, real-time data. * Fee Concessions: Reduced fees for Startups, MSMEs, and Educational Institutions. * Expedited Examination: Introduced for Startups, MSMEs, Female Applicants, and Government Institutions. * Certificate of Inventorship: Formally recognizes inventor contributions. * IP Dashboard: Publicly accessible with real-time data on IP applications. * AI-powered Trademark Search Technology: Efficient and accurate examination. * IP Sarthi Chatbot: Digital assistant for IP registration guidance. * WIPO IP Diagnostics Indian Adaptation: Self-assessment tool for small businesses. * National Intellectual Property Awareness Mission (NIPAM): IP awareness programs in educational institutions. * SIPP Scheme: Pro bono facilitation for Indian startups. * Manpower Augmentation: Increased staff in IP Offices. * Grievance Redressal Mechanism: Prompt, fair, and transparent resolution of complaints. Impact Analysis: * **Domestic Innovators:** * Impact: Beneficiaries of a strengthened IPR system, simplified processes, and increased IP awareness, leading to greater protection and commercialization of their innovations. * Action Required: Utilize the various government schemes, tools, and resources available to file and protect their intellectual property. * **Startups & MSMEs:** * Impact: Significant fee reductions and expedited examination processes, reducing the financial and administrative burden of IP protection. * Action Required: Take advantage of the fee concessions, expedited examination, and pro bono services to protect their innovations and gain a competitive edge. * **Educational Institutions:** * Impact: Benefit from fee reductions and the NIPAM program, promoting a culture of innovation and IP awareness among students and faculty. * Action Required: Participate in NIPAM programs to educate students and faculty about IP rights and encourage innovation and IP creation. * **IP Professionals (Examiners, Registrars, Controllers):** * Impact: Access to modernized and digitized IP offices, AI-powered tools, and increased manpower to improve efficiency and service quality. * Action Required: Utilize the new tools and resources to streamline IP processing and examination, and ensure timely and quality service to stakeholders. * **General Public:** * Impact: Access to a transparent and easily navigable IP system with readily available information and a robust grievance redressal mechanism. * Action Required: Utilize the IP Dashboard and grievance redressal mechanisms to stay informed and address any concerns related to IP rights.

Key Entities Referenced

Intellectual Property Rights: Refers to the rights granted to creators and owners of inventions, literary and artistic works, designs, and symbols, names, and images used in commerce. National IPR Policy 2016: A policy introduced in 2016 by the Government of India to foster innovation, creativity, and entrepreneurship by creating an enabling environment for the protection and enforcement of intellectual property in India. Jan Vishwas Act 2023: An act enacted in 2023 to enhance the ease of doing business by decriminalizing certain offenses under the IP Acts. Trade-Related Aspects of Intellectual Property Rights (TRIPS): A multilateral agreement under the World Trade Organization (WTO) that sets minimum standards for intellectual property regulation. StartUps Intellectual Property Protection (SIPP) scheme: A scheme launched in 2016 to provide pro bono facilitation to Indian startups for the filing and processing of patent, trademark, and design applications. National Intellectual Property Awareness Mission (NIPAM): A mission implemented by the Office of the Controller General of Patents, Designs, Trade Marks (CGPDTM) to conduct IP awareness programs in educational institutions. Office of the Controller General of Patents, Designs Trade Marks (CGPDTM): The office responsible for implementing the National Intellectual Property Awareness Mission (NIPAM) and overseeing intellectual property matters in India. Patents Rules 2003: The regulations governing the application, examination, and grant of patents in India, which have been amended to ease the process of seeking and maintaining a patent.
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GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL TRADE LOK SABHA UNSTARRED QUESTION NO. 2635. TO BE ANSWERED ON TUESDAY, THE 05TH AUGUST, 2025. IPR SYSTEM 2635. SHRI ADITYA YADAV: Will the Minister of COMMERCE AND INDUSTRY be pleased to state: वाणिज्य एवं उद्योग मंत्री (a) whether the country's Intellectual Property Rights (IPR) system, designed to protect domestic innovators, needs to adopt a more offensive to compete on the global stage; (b) if so, the details thereof along with the initiatives proposed to be taken by the Government keeping in view that our IPR system has been defensive as we started with assumption that Indian innovators cannot compete with international counterparts; and (c) if not, the reasons therefor? ANSWER वाणिज्य एवं उद्योग मंत्रालय में राज्य मंत्री (श्री णिणिन प्रसाद) THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE & INDUSTRY (SHRI JITIN PRASADA) (a) to (c): India has a robust, equitable and dynamic Intellectual Property (IP) framework which is compliant with TRIPS and other major international IPR treaties and agreements. India's IPR system effectively balances the interests of right- holders with larger public interest. This legal framework, supported by various judicial decisions, offers a stable and efficient foundation for the protection and promotion of Intellectual Property, and serves the needs of all stakeholders, including domestic applicants, ensuring their interests are well safeguarded. As a means to further strengthen and improve the IP ecosystem in India, Government over the past decade, has taken a series of administrative measures and legislative reforms to provide an enabling framework, for protecting and supporting innovation and creativity and stimulating IP creation and commercialization among all sectors. Among these some notable measures include, introduction of National IPR Policy in 2016 which laid the foundation for a new strategy and approach to IPR protection in India, followed by amendments to the IP Rules to simplify IP filing and processing and reducing procedural delays. Obtaining IPRs (patents, design trademarks, copyrights and GI) has become significantly easier due to several key initiatives which, interalia, include the reduction of filing fees, the introduction of electronic filing systems, simplification of the application process, and decrease in processing times. Through recent amendments in Patent Rules in March 2024, measures have been introduced to ease the process of seeking and maintaining a patent in India, reduce compliance requirements and bring greater certainty in the patent prosecution process. Through changes introduced in Jan Vishwas Act in 2023, provisions across different IPRs have been decriminalised to bring regulatory ease for businesses. The details on steps and activities undertaken over the past decade are given in the Annexure-I. Owing to the measures and initiatives undertaken, IP activities among Indian residents have increased significantly with IP filings by Indian residents increasing by 44% in last five years from 4,77,533 in 2020–21 to 6,89,991 in 2024–25. The highest growth was observed in Geographical Indications (GI) with a 380% increase, followed by Designs (266%), Patents (180%), Copyright (83%), Trademarks (28%), and Semiconductor Integrated Circuits Layout- Designs (SICLD) with a 20% rise. *********ANNEXURE-I ANNEXURE REFERRED TO IN REPLY TO PARTS (a) to (c) OF THE LOK SABHA UNSTARRED QUESTION 2635 FOR ANSWER ON 01.08.2025. DETAILS ON MAJOR STEPS AND ACTIVITIES TAKEN IN THE PAST DECADE 1. National IPR Policy - National Intellectual Property Rights (IPR) Policy, launched in 2016, aims to foster innovation, creativity, and entrepreneurship by creating an enabling environment for the protection and enforcement of intellectual property in India. 2. Decriminalizing of Offenses - The Jan Vishwas Act, 2023 has been enacted to enhance the ease of doing business by decriminalizing certain offenses under the IP Acts. By replacing criminal penalties with civil penalties in specific cases, the Act reduces the burden of legal compliance for businesses while promoting a more business-friendly regulatory environment. It also introduces streamlined adjudication and appeal mechanisms to ensure that violations are addressed swiftly and effectively. These reforms are designed to encourage compliance and foster innovation and entrepreneurship by creating a balanced and facilitative intellectual property ecosystem. 3. Appropriate amendment in IPR Rules - Intellectual Property Rules have been amended multiple times to streamline and simplify the processing of IP applications, eliminate irregularities and bottlenecks, and enhance the integration of IT and advanced digital technologies, with an aim to facilitate easier filing and processing of IP applications and to accelerate the examination and disposal process. 4. Modernization & Digitization of IP Offices  IP Offices have been digitized and made online to make the system more compact, time bound, transparent and easier to use by applicants as well as Examiners and Registrars/ Controllers. Comprehensive E-Filing System has been introduced for the online filing and submission of Patent, Design, and Trade Mark applications and documents. Applicants no longer need to visit the IP office for filling and processing of their applications, with more than 95% of Patent and Trademark applications now filed online.  The IP Office website has been redesigned to improve contents and ease of access and make it more interactive, informative and easy to navigate. IP data on real-time basis has been made available on the website in respect of filing and processing of IP applications. The website provides login-free Search facility for hassle-free dissemination of IP information to stakeholders.5. Significant Fee Concessions have been given to Startups, MSMEs, and Educational Institutions  80% Fee Reduction in Patents for Startups, MSMEs, and Educational Institutions;  75% Fee Reduction in Designs for Startups, and MSMEs;  50% Fees Reduction for Trade Marks filing for Startups and MSMEs. 6. Provisions for Expedited Examination have been introduced  Provision of Expedited Examination of Patent application has been introduced for Startups, MSMEs, Female Applicants, and Government Institutions/ Departments/ PSUs, applicants electing India an authority for international applications etc. under Rule 24(C) of Patents rules, 2003 (as amended).  Provision of Expedited Examination of Trade Mark applications is applicable to all category of the applicants. 7. The ‘Certificate of Inventorship’ has been introduced in Patents to formally recognize the contributions of inventors in patented inventions and to incentivize innovation. 8. IP Dashboard Access and Features - A publicly accessible IP Dashboard has been introduced to provide real-time comprehensive data on various categories of Intellectual Property applications, including Patents, Designs, Trade Marks, Copyrights, and Geographical Indications. The dashboard can be accessed via the official website at ipindia.gov.in/dashboard. A quick-access link to the dashboard is also available on the website's homepage for user convenience. 9. AI-powered Trademark Search Technology: Artificial Intelligence (AI) and Machine Learning (ML) based Trademark Search Technology has been introduced for a more efficient and accurate examination and faster disposal of Trade Mark applications. 10. IP Sarthi Chatbot: A digital assistant has been designed to provide instant support and guidance to users navigating the IP registration processes. Indian small businesses can get instant help regarding IPR by asking answers of the questions on the Chatbot. 11. “WIPO IP Diagnostics – Indian Adaptation”, a self-assessment tool, has been designed to enable small businesses to conduct a self-assessment of their intellectual property (IP) assets, providing guidance tailored to the Indian IP laws and procedures and enriched with local examples. By answering targeted questions, Indian small businesses can generate customized reports that offer insights into how India's IP system can support their strategic businessobjectives. For wider coverage, the tool has been made available multiple languages, English, Bengali, Hindi, Tamil, and Urdu. 12. National Intellectual Property Awareness Mission (NIPAM) – The Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) implements the National Intellectual Property Awareness Mission (NIPAM) to conduct IP awareness programs in educational institutions. Launched in 2021, the mission aimed to educate 1 million students as part of the AzadiKaAmritMahotsav, celebrating 75 years of India's Independence. So far, about 9500 IP awareness programs have been conducted across all 28 states and 8 Union Territories, reaching over 25 lakh students and faculty. 13. SIPP Scheme- The Start-Ups Intellectual Property Protection (SIPP) scheme was launched in 2016 to provide pro bono facilitation to Indian startups for the filing and processing of patent, trademark, and design applications. Its scope was also expanded to benefit Indian innovators & creators and educational institutions, using TISC services. Additionally, it now covers the filing of international patent applications filed in India (Receiving Office (RO/IN), International Bureau, WIPO (RO/IB), electing India as the International Search Authority (ISA). 14. Manpower Augmentation: Manpower in IP Office has been augmented by multiple times to ensure timely and quality service to the stakeholder. a. Sanctioned strength of the Patent Office has increased by 233%, from 431 in 2014 to 1,433 in 2024. Similarly, the working manpower has grown by 196%, from 281 in 2014 to 833 in 2024. Additionally, 553 new Examiners have been recruited, of whom 407 have completed induction training. b. Similarly, 200 additional posts have been sanctioned in Trade Marks, GI, and Copyright, making a 74% increase in the sanctioned strength. 15. Robust Grievance Redressal Mechanism- The IP Office has robust Redressal Mechanism which has been further strengthened to ensure the prompt, fair, and transparent resolution of complaints and concerns. Daily Open House Conference (Jan Sunwai) has been started to enable direct daily communication of stakeholders with senior officers to provide timely solutions to their problems. Open House IT Helpdesk has been created as a single- window platform to swiftly address queries and grievances across all key areas of Intellectual Property. *********

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