Introduction
The G20 Summit stands as a milestone in global economics and trade, serving as a convergence point for 19 economic powerhouses to come together and address potential future economic challenges and the corresponding strategies to tackle them. Adding to its significance, the 2023 summit took place in India. Notably, this featured recurrent discussions revolving around Intellectual Property (“IP”), underscoring the importance of the area in rising economies. As these discussions evolve into actionable measures, it becomes imperative for IP practitioners to gain insights into the potential implications of these talks on the future landscape of intellectual property and how the world can effectively navigate these changes.
This blog serves as an informative guide, shedding light on the deliberations that took place during the Summit and their prospective impact on the IP framework.
What is G20?
G20, also known as the Group of 20, comprises of 19 Countries and the European Union representing around 85% of the global GDP, over 75% of the global trade and about two-thirds of the world population. This premier conglomeration of countries plays an important role in shaping and strengthening the global architecture and governance on all major international economic issues.
Since the G20 doesn’t have a fixed secretariat, it changes every year and comes from a different group of member countries. The country in charge of that group takes on the role of the Presidency. The Presidency’s job is to coordinate the G20’s priorities by talking to the other member countries and staying updated on economic developments. During 2023, India assumed the G20- Presidency and in 2024, Brazil will assume the Presidency.
Intellectual Property in the G20 Summit
The G20 serves as a vital platform for shaping the future directions and strategies in key economic areas for its member states. This significance extends to the critical implications it holds for reaching a consensus on intellectual property (IP) policies.
SDGs and IP
In the G20 New Delhi Leader’s Declaration (referred to as the “Delhi Declaration”), “), Point No. 31 stands out as it underscores the role of culture as a catalyst for achieving Sustainable Development Goals (SDGs). SDGs are those milestones which a country has to achieve in order to attain peace and prosperity for the planet. It is crucial to highlight that the Delhi Declaration has integrated IP into the context of SDGs, signifying a reinforced consensus regarding the intersection of IP and SDGs. Additionally, SDG Target 3b is noteworthy, as it emphasizes the need for flexibility within the Agreement on Trade-Related Aspects of Intellectual Property Rights (referred to as “TRIPS“) to ensure the protection of public health and enhance access to affordable medicines for all, particularly for underserved populations battling various diseases. The inclusion of IP within the framework of SDGs as outlined in the Delhi Declaration is a commendable step forward. It signifies a positive shift towards recognizing the broader application and relevance of IP across various facets of life and economies.
The Declaration, under Point 31, further links the prospects of IP into culture where it emphasizes on protection of cultural heritage, including IP. This statement underscores the significance of safeguarding cultural identities and expressions, which are integral aspects of human societies. It emphasizes the need to protect these cultural elements from misuse, with IP being one of the means to achieve this.
Digital Public Infrastructure
Technology stands as an important force propelling economies forward and narrowing the digital divide, thereby advancing sustainable development. To address this, Digital Public Infrastructure (referred to as “DPI”) emerges as a vital solution – an inclusive, public, and secure digital framework that prioritizes human rights, personal data protection, data privacy, and intellectual property rights. This infrastructure is designed to bolster resilience, facilitate service delivery, and drive innovation.
The introduction of DPI points towards the G20’s dedication in pursuance of promotion of economic growth and digital trade, where the latter is closely connected to elements such as e-commerce, data protection and cross-border data sharing. G20 has taken up a major feat in establishing a Global Digital Public Infrastructure Repository , which creates a platform for member nations to voluntarily share projects vis-a-vis digital public infrastructure.
The advance of financial inclusion through the use of G20 Policy Recommendations with the help of DPI has a significant role in financial inclusivity and sustainable development. The adoption of programs such as One Future Alliance (OFA) indicate India’s commitment towards inclusivity and capacity building with an emphasis on interconnectivity of IP, trade, and digital infrastructure.
Health and Education – Indispensable Factors
Health consistently holds a prominent position in G20 conferences, with global discussions on this vital topic being a common occurrence. At the Delhi Summit, world leaders acknowledged the pivotal role of Traditional and Complementary Medicine in healthcare, as well as the importance of clinical trials registries. These significant advancements are poised to elevate the status of patent statutes to a new level.
The rise of Artificial Intelligence (referred to as “AI”) has also left its mark on education and teaching. AI serves as a valuable tool for educational institutions and teachers, empowering them to stay abreast of evolving trends and technological advancements
The Age of Artificial Intelligence
In other to understand the use of AI and ensure that AI is to be used responsibly, member states of the G20 Summit 2023 have noted the detrimental effects, negligence and unmonitored and unauthorized use of the AI which could hamper the bona fide use of IP by individuals and organizations and can also lead into forming ethical and legal challenges.
Hence, the member states and organizations participating in the 2023 Summit have recognized the importance of harnessing AI for the greater public good and addressing challenges that are essential for safeguarding people’s rights and safety. To solidify this commitment, member states have reaffirmed their dedication to the G20 AI Principles, which advocate for the responsible stewardship of Trustworthy AI. These principles call upon major AI stakeholders to proactively engage in responsible stewardship to promote the development of trustworthy AI solutions that benefit all individuals and the planet, ultimately fostering innovation.
These principles are expected to promote sustainable AI use for the public benefit and are a crucial step for India in strengthening its intellectual property framework. Given existing loopholes in current IP regulations, particularly in patent laws for AI applications, the NITI Aayog has suggested forming a task force with members from the Ministry of Corporate Affairs and the Department of the Promotion of Industries and Internal Trade (DPIIT) to review and update AI-related IP regulations. Additionally, the report recommends establishing IP facilitation centers to foster collaboration between practitioners, applicants and administrative bodies.
Tackling Corruption to protect IP
The aim of all signatories in the Summit was also to eliminate corruption to the fullest. The signatories and member states have given support to the efforts to seize, confiscate and return criminal proceeds to victims and states as per the domestic and international obligations. This would be carried out with the aid and assistance of the Financial Action Task Force. A major step taken up by the member states, this would help in strengthening the IP infrastructure in the country resulting in lesser offenses against IP holders with efficient justice administration.
Conclusion
The 2022 G20 Summit notably emphasized the significance of IP, along with its connection to SDGs and the digital ecosystem, in light of the challenges posed by the COVID-19 pandemic. Additionally, it highlighted IP’s role in fostering tourism and supporting the development of micro, small, and medium-sized enterprises (MSMEs). While these statements underscored the importance of IP development, it’s worth noting that the depth of deliberations on the topic was comparatively limited compared to the 2023 Delhi Declaration.
India’s notable achievement lies at present in its proactive stance, effectively raising awareness among global leaders regarding the significance of IP protection. This effort underscores the necessity to assess and fortify the global IP framework, considering factors such as Digital Public Infrastructure (DPI), Artificial Intelligence (AI), and other pertinent aspects. The points highlighted in the Delhi Declaration are highly relevant to the current times. In the past, discussions often failed to yield tangible results. However, the responsibility now lies with the leaders to implement these changes in their respective countries. India possesses the potential to be a trailblazer in implementing these transformative changes and leading the way.
