National Intellectual Property Rights Conference 2023 - Day 1

“Nurturing the Growth of IP-Driven Knowledge Economy”

Introduction

The National Intellectual Property Rights Conference 2023, which convened on October 13th and 14th at Vigyan Bhawan, New Delhi, emerged as a pivotal forum to deliberate on the indispensable role of intellectual property in propelling India’s knowledge-driven economy. It united eminent speakers, encompassing politicians, industry luminaries, and scholarly figures, to illuminate India’s strides, challenges, and aspirations within the intellectual property landscape. The extensive spectrum of discussions included diverse facets, from intellectual property filings to inventions, and ventured into the complex realms of legality, ethics, and geopolitics.

DAY 1

Fortifying India’s Intellectual Property Ecosystem

During this session, speakers underscored the paramount significance of cultivating a robust intellectual property (IP) infrastructure in India, harmonious with Prime Minister Modi’s vision of nurturing a dynamic and innovative economy. Key takeaways encompassed the illumination of India’s thriving innovation ecosystem, the accentuation of dialogues within the WIPO Tech Access Platform on voluntary licensing arrangements, and the recognition of India’s ambitions to revamp its IP framework for more efficiency. The session also acknowledged the pivotal role played by a robust IP regime in India’s expansion and innovation, facilitated by legislative reforms and escalated investments in higher education. Collaborative efforts with WIPO to bolster India’s capabilities and the collective endeavor to chart a holistic national agenda for the innovation ecosystem were pivotal focal points.

Daren Tang (Secretary General WIPO) on India’s IP Expansion

WIPO’s Secretary General shed light on India’s remarkable IP journey, noting the substantial upsurge in patent filings, particularly in the realm of AI-related patents and green technology. He acknowledged India’s historical contributions to fields such as mathematics, exemplifying the transformative power inherent to the nation. Some key points are listed below:

India’s Patent Filings: India has emerged as a significant player in the global patent landscape, ranking as the world’s sixth-largest patent filer. The number of patent submissions from India has witnessed substantial growth, more than doubling between 2011 and 2021. This surge in patent filings indicates a heightened emphasis on innovation and intellectual property within the country.
Diverse Innovation: The increased patent submissions are not limited to a single domain but reflect diverse innovation trends. Notably, there has been a remarkable increase in patents filed by women, signifying a more inclusive approach to innovation. Additionally, the rise in AI-related patents underscores India’s growing expertise in the field of artificial intelligence.
Green Technology and UN SDGs: India’s innovations have increasingly focused on addressing global concerns, with a particular emphasis on combating climate change. These innovations are closely linked to the United Nations Sustainable Development Goals (SDGs), indicating India’s commitment to tackling pressing global challenges.
Historical Legacy of Innovation: India’s rich history of invention is highlighted, with a reference to Aryabhata’s contributions to mathematics. This historical context emphasizes the country’s long-standing tradition of intellectual exploration and innovation.
Government Initiatives: Various government initiatives, such as “Make in India,” “Digital India,” and “Startup India” have played a pivotal role in fostering a conducive environment for startups and creative enterprises. As a result, they have contributed to a significant creative economy in India, estimated at $30 billion.
Collaboration with WIPO: The World Intellectual Property Organization (WIPO) collaborates with India on various programs aimed at promoting intellectual property, innovation, and sustainable development. This collaboration aligns with the shared goal of making the world a better place through the responsible management of intellectual property and fostering innovation.

Rajesh Kumar Secretary – Department for Promotion of Industry and Internal Trade

The national agenda seeks collaboration among various stakeholders in the innovation ecosystem, including ministries, departments, industry bodies, startups, research institutions, and higher education. The country has witnessed a substantial increase in patent and trademark filings, aiming to elevate its IP office to a prominent global position. He mentioned about to appointing 900 new positions in the IP office in patent offices for which efforts are underway to streamline processes, with new positions and enhanced digital infrastructure for quicker processing and improved e-governance. Additionally, the establishment of IPR chairs across the nation intends to bolster awareness and capacity in the field of intellectual property rights.

Key Points Highlighted by Other Speakers:

The impact of the National Intellectual Property Policy in 2016, which is a formidable instrument for promoting innovation.
A notable surge in patent filings and grants since 2016, accompanied by appreciable simplification of the IP processes, especially benefitting entrepreneurs and SMEs.
Acknowledgment of vital contributors to the innovation ecosystem, including institutions like CSIR and IIT.
Provisions for fee reductions for educational institutions and the launch of extensive IPR awareness initiatives.
The aim of securing a spot among the world’s top 20 nations in innovation through the incorporation of IP into India’s multifaceted socioeconomic fabric.

Session 1: Nurturing Growth of IP driven knowledge economy

Panel was headed by Mr. Daren Tang in a question and answer format. The following is a summary of key points discussed:

Prof. (Dr.) Unnat P. Pandit

He emphasized India’s excellent IP journey, highlighting a 36% increase in IP filings, as well as a significant increase in patents, design registrations, and trademarks. He underlined that intellectual property is about more than simply production; it is also about solving social concerns with inventive solutions.

Shri Sanjeev Sanyal

Discussed the considerable improvements in the IP landscape, concentrating on enhanced patent handling capacity. Plans to enhance the staff and infrastructure to solve second-order concerns such as the appeal system, patenting processes, and improving education for the IP ecosystem have been mentioned.

Shri V. Lakshmikumaran

Described the full IP ecosystem, which includes inventors, the administrative body, and a strong judicial system for IP enforcement. He stressed India’s adherence to the TRIPS agreement and proposed a “TRIPS plus” strategy.

Session 2: Copyrights a Creative IP Asset: Opportunities & Challenges

The second session, steered by Dr. G Raghavendra Rao, ventured into the nuances of AI-generated art, copyright protection in the digital epoch, and the imperative need for AI-specific copyright rules or an entirely new AI Act. Here are some of the key points made by the panel members:

Dr. Arul George Scaria

Dr. Scaria highlighted the unique challenges posed by AI-generated art to traditional notions of originality. AI-generated works often blur the lines of authorship and originality, making it difficult to determine who holds copyright.
He expressed concerns about copyright protection for such works, citing legal cases like Thomson Reuters vs. Ross Intelligence Inc., which have raised questions about the ownership and protection of AI-generated content.
Dr. Scaria emphasized the need for clarity and legal frameworks to address copyright issues related to AI-generated art, particularly in situations where AI is involved in creating particular work.

Prof. (Dr.) Raman Mittal

Prof. Mittal’s discussion focused on the implications of permissions and compensation in the context of machine-learned works. He suggested that permissions and compensation should apply to AI-generated works once they are marketed or used for commercial purposes.
The concept of “fair dealing” was discussed, emphasizing the importance of balancing the rights of content owners with the public interest. He highlighted that the Indian Copyright Act was amended in 2012 to provide protections for fair dealing, especially in the context of research and education.
The main point made by Prof. Mittal was the need for clear guidelines and regulations regarding AI-generated content to ensure that creators and users have a clear understanding of their rights and responsibilities.

Ms. Saveena Bedi Sachar

Ms. Sachar advocated for copyright protection for AI-generated works based on their distinctiveness and the intellectual input of their creators. This argument centers on the idea that even though AI is involved in generating content, there is still human input involved in the design, development, and direction of the AI.
She called for discussions within the context of the Digital India Act regarding AI-related works and whether India needs to modify existing copyright rules or introduce a new AI-specific legislation. This reflects the need for a legal framework that acknowledges the unique characteristics of AI-generated content.
In summary, Ms. Sachar’s perspective underscores the importance of addressing AI-generated works within the legal and regulatory framework, ensuring that creators are protected and that the law evolves to accommodate emerging technologies.

Session 3: Nurturing India’s Innovation Ecosystem

Speakers in this session resonated the need to align with government policies, while emphasizing the imperative measures to enhance India’s IP ecosystem. The overarching focus on technology and a knowledge-imbued economy was common throughout their deliberations. The panel members discussed the following:

Ms. Himani Pande

Emphasized the importance of aligning with progressive government policies, particularly those related to intellectual property (IP) changes. This indicates a recognition of the significance of staying in sync with evolving IP regulations and initiatives.
Mentioned measures aimed at increasing the number of patent examiners threefold and creating 22 Technology Knowledge (TK) centers. These actions are intended to assist IP producers in translating their technologies into commercially viable products and services.

Prof. (Dr.) Abhay Karandikar

Expressed support for startups and incubators across India, highlighting the role of the Department of Science and Technology (DST) and the establishment of technology business incubators. These initiatives are crucial in nurturing and promoting innovative businesses.
Highlighted the establishment of patent facilitation centers, which are expected to enhance understanding of patents and intellectual property rights. This signifies efforts to make IP-related information more accessible and understandable.

Shri Piyush Goyal

Emphasized the need to protect and support the innovations of young students, recognizing the importance of providing them with the necessary protection for their knowledge-based ideas. This underscores the value of encouraging and safeguarding the creativity of the youth.
Noted the significant representation of women in India’s startup landscape, indicating the potential of women in the field of innovation. This recognition of diversity and inclusivity in innovation is significant.
Focused on elevating India’s Intellectual Property Rights (IPR) ecosystem to a world-class level, with a strong emphasis on research and development. Collaboration between academia, industry, and the government is expected to play a pivotal role in this endeavor.
Committed to enhancing India’s global ranking in the Innovation Index and aspiring to be among the world’s top 10 nations in innovation. This ambitious goal indicates a strong dedication to fostering innovation and seeking support to achieve this objective.

Session 4: Unlocking the value of IP in the Digital age, monetization of IP driven research in the knowledge economy

Panel was headed by Prof. Anil D. Sahasrabudhe who focused on unlocking the value of intellectual property (IP) after its creation, emphasizing its practical application and the benefits it brings to society.

Mr. John Cabeca

Underlined the importance of IP that consistently delivers reliable and predictable results. This underscores the value of IP in promoting innovation and economic growth.
Commended the IP office’s initiative to enhance examination guidelines through public input. This inclusive approach aims to improve the quality and effectiveness of IP protection and regulation.

Mr. Ben Llewellyn Jones

Stressed the necessity for a smooth transition to a digital era in IP offices. This transition is vital in adapting to the modern technological landscape.
Highlighted the significance of maintaining precision and rigor in the digital transformation process, with a focus on minimizing errors and building confidence in the use of digital tools and platforms.

Dr. Vijay Chauthaiwale

Recognized the role of IP in India’s growth, particularly the shift from process patents to product patents. This transition has implications for innovation and the monetization of IP.
Emphasized the importance of timing, collaboration, and strategic decision-making in strengthening IP assets. These factors play a crucial role in maximizing the value of intellectual property.

Dr. Hiroki Watanabe

Discussed the high number of patents filed by Japanese companies in India, reflecting the international collaboration in the field of IP.
Highlighted the perception among Japanese companies that IP rights are primarily for litigation and technology protection. He emphasized the importance of open innovation and efficient tools for finding suitable partners, indicating the need for more versatile applications of IP beyond traditional protective measures.

Prof. Prabuddha Ganguli

Advocated for aligning India’s digital transformation with copyright laws to support broader access to knowledge. This alignment is crucial in ensuring that digital innovations do not hinder access to educational and knowledge resources.
Urged a review of existing copyright laws to align them with the objectives of the new education policy introduced in 2020, emphasizing the need to balance innovation with educational access.

Prof. Anil D. Sahasrabudhe

Expressed the aspiration to replicate Silicon Valley’s success in India by reinvesting earned revenue into further innovation. This reflects the ambition to create a thriving ecosystem for technology and entrepreneurship.
Addressed the challenge of language diversity in education, highlighting the need for innovative solutions to overcome language barriers in the Indian education system. He also questioned Dr. Hiroki about Japan’s sustainability in innovation while predominantly using its native language, indicating the potential lessons to be learned from Japan’s approach.

Stay tuned for updates on Day 2 of the Conference.