The Intellectual Property Rights (IPR) Policy in Kerala is scheduled for a comprehensive revision, marking the first update in 17 years

The Intellectual Property Rights (IPR) Policy of Kerala is set to undergo a significant revision after a period of 17 years.

The Kerala State Council for Science, Technology and Environment (KSCSTE) has established a six-member drafting committee, led by the Chairman of the Kerala State Biodiversity Board, to develop the updated policy. The original IPR policy was introduced in 2008 and is now due for a comprehensive update.

Key Features

The revision is prompted by the National IPR Policy of 2016 and a directive from the Centre’s Department of Science and Technology in 2024, urging states to align their policies with the national framework. The draft policy suggests making IPR a compulsory subject in school and university curricula. Additional proposals include the creation of an IPR Academy, the establishment of a Kerala Traditional Knowledge Authority, the development of a Traditional Knowledge Docketing System, and the initiation of a ‘Mission IPR’ to enhance the state's IP administration.

Understanding Intellectual Property (IP) Rights

Intellectual Property (IP) is typically described as the 'Product of the Mind.' It encompasses creations resulting from intellectual efforts in various fields, including industrial, scientific, literary, and artistic domains. Intellectual Property Rights (IPR) are legally enforceable exclusive rights granted to the owner of the intellectual property for a specified duration. IPR incentivizes creativity and human effort, which are essential for societal advancement.

Forms of IPR include Patents, Copyrights, Trademarks, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Protection of Plant Varieties and Farmers’ Rights, and Protection of undisclosed information or Trade Secrets.

Are Indian Patents Valid in Other Countries?

No, patent rights are territorial and are only valid within the jurisdiction of the country that issued the patent. Therefore, an Indian Patent granted by the Indian Government is only enforceable within India.

Challenges in India's Intellectual Property Framework

Patent Backlog: The increasing number of patent applications has not alleviated the significant delays in examination and granting processes.

IP Infringement: Ineffective enforcement mechanisms contribute to widespread counterfeiting and piracy issues.

Low Patent Commercialization: A considerable number of patents filed in India remain uncommercialized due to insufficient collaboration between industry and academia.

Global Competitiveness: The landscape of innovation in India is largely influenced by foreign applicants, indicating a lack of domestic investment in research and development.

India's Initiatives

The National IPR Policy 2016 consolidates all intellectual property rights into a unified vision document, establishing an institutional framework for the implementation, monitoring, and review of IP legislation.

This policy promotes innovation and creativity by offering enhanced protection and incentives for inventors, artists, and creators.

The Cell for IPR Promotion and Management (CIPAM) has been established to oversee the execution of the National IPR Policy.

The National Intellectual Property Awareness Mission (NIPAM) serves as a flagship initiative aimed at raising awareness of intellectual property and providing foundational training in educational institutions.

The Scheme for Facilitating Startups Intellectual Property Protection (SIPP) has been introduced to nurture innovation and entrepreneurship by creating a supportive environment for startups to safeguard and manage their intellectual property assets.

The Atal Innovation Mission (AIM), launched by NITI Aayog in 2016, aims to cultivate a culture of innovation and entrepreneurship in India. AIM has developed four programs to support these objectives:

- Atal Tinkering Labs

- Atal Incubation Centers

- Atal New India Challenges

- Atal Grand Challenges

- Mentor India

Concluding Remarks

India's remarkable growth in intellectual property, characterized by notable progress in patents, industrial designs, and trademarks, highlights its dedication to promoting innovation and enhancing its position in the global economy.

This progress aligns with India's broader aspirations for economic growth and development driven by innovation.