The Intellectual Property Rights (IPR) Policy in Kerala is scheduled for a comprehensive revision after a period of 17 years without changes

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 a revised policy. The original Intellectual Property Rights (IPR) policy was introduced in Kerala in 2008 and is now set for a thorough update.

Key Highlights

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 proposed draft policy suggests making IPR a compulsory subject in school and university curricula. Additionally, it includes the establishment of an IPR Academy and 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.

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) refer to the legally enforceable exclusive rights granted to the owner of the intellectual property for a specified duration.

IPR serves to reward creativity and human effort, which are essential for the advancement of society. The various forms of IPR include Patents, Copyrights, Trademarks, Industrial Designs, Geographical Indications, Layout Designs of Integrated Circuits, Protection of Plant Varieties and Farmers’ Rights, as well as Protection of undisclosed information and Trade Secrets.

Is an Indian Patent Recognized in Other Countries?

No. Patent rights are confined to the territory of the country that grants the patent. Therefore, a patent issued by the Indian Government is only valid within India.

Challenges in India's Intellectual Property Landscape

Patent Backlog: Despite a rise in patent applications, delays in examination and granting remain a major concern.

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

Low Patent Commercialization: A significant number of patents filed in India fail to be commercialized 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 laws.

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 foster 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.

India's remarkable growth in intellectual property, characterized by substantial progress in patents, industrial designs, and trademarks, highlights its dedication to promoting innovation and strengthening its position in the global economy. This progress aligns with India's overarching objectives of economic growth and development fueled by innovation.