10th November 2022, NEW DELHI: “We have come a long way since the time the first National Intellectual Property (IP) Policy was made in 2014, which I was (luckily) a part of along with various other wonderful IP professionals. We realise that over the years IP policy didn't remain on paper and the innovation ecosystem has improved with time,” stated Justice Prathiba Singh, Delhi High Court at the 2nd IP Excellence Awards 2022. Organised by the apex industry body, Associated Chambers of Commerce and Industry of India (ASSOCHAM), the theme of the award event was International IP Exchange: Enriching Your IP.
Praising the Indian courts, she said that it recalibrated and did a stupendous job during pandemic, one of which includes the establishment of IP Division (IPD) in Delhi High Court. “The abolition of the IPAB (Intellectual Property Appellate Board) came as a huge shock,” recalled Justice Prathiba Singh, adding, “But then under the leadership of the then Chief Justice, appointed a committee, constituting three of us judges in the Delhi High Court. We recommended the creation of the IPD, which was a long process of about six months during the pandemic, where we studied about 40 jurisdictions of the world before drafting the rules for the IPD. And I must say that since its creation, the IPD has shown me how it has become a fundamental and structural change and created an institution within an institution.”
She added, “Six months down the line I can say confidently that this is the way to move forward. Even the joint parliamentary committee which had initially recommended that the IPAB be re-established changed its stance and said that there should be IPD in all high courts across the country. And hopefully this will become a movement going forward and will be a positive development for IP governance and administrations.
IP enforcement is almost at its best in our country, said the Delhi High Court judge. It also has a vibrant database in the National Judicial Data Grid, published and run by the e-committee, which is headed by the current Chief Justice of India. “As India is expected to be the third-largest economy in 2030, it is also trying to become the third-highest IP-filing country in the world by 2030 or 2031. For that, I really wish all of you contribute in your own way to the IP ecosystem,” she said.
Internet, stated Justice Prathiba Singh, is the biggest challenge for IP regime and enforcement. “The internet is a huge opportunity but it's also a big challenge for IP owners. We contend with complex IP disputes from the internet on a daily basis. Since geographical boundaries are creating a lot of challenges, we are trying to solve them.
Hopefully the administration of IP on the internet across geographical boundaries should kind of reach some unanimous kind of approach globally.”
Shri Pravin Anand, Chairman ASSOCHAM National Council on IPR & Managing Partner, Anand and Anand, in his welcome address, concentrated on the future of IP and how it is transforming the creativity and innovation for better use. “There has been a cultural shift to digitization and blockchain, NFTs, robotics, Metaverse are the new gold,” he added. “There is a strong need of new rules of mitigation and increase in patent filing in India.”
Shri K. Subodh Kumar, Co-Chairman ASSOOCHAM National Council on IPR & Head- IP Services TCS, said, “The IP industry plays a crucial role in channelizing value creation for the benefit of the society.” He further said that innovation has been a catalytic force for the economy and society. While the importance of the ‘knowledge economy’ grows, innovation and intellectual property will lay the roadmap for development in India.
Mr. Abhay Pandey, Senior Partner, Lexorbis, focused on the IP industry's growth trajectory during the previous five years and wished that India ranked among the top five IP nations worldwide. “The Indian government has improved its IPR regime over the past five years by making improvements to its IP offices, hiring more staff, using IT and technology to file applications electronically, delivering certificates of grant and registration of patents and trademarks in digital format, and raising public awareness of IP issues.”
The emphasis of Mr. John Cabeca, the U.S. Intellectual Property Counselor for South Asia, USPTO, was on the value of IP and how it is expanding globally with innovation and technology. Rights for protection and enforcement underpin societies, and this activity also creates job possibilities. Entrepreneurs and other stakeholders must plan how to make IP policies effective, he added.
In her concluding remarks, Ms. Chitra Iyer, Co-Chairperson ASSOCHAM National Council on IPR & Director-Licensing Philips, explained how intellectual property rights have advanced to the point where they now play a significant role in the growth of the global economy.
ASSOCHAM 2nd IP Excellence Awards were presented to the best firms in IP under the categories of Patents, IP Facilitation, IP Training, Trademarks, IP Portfolio, Copyrights, Innovation. Brands like Tata Motors, SAP LABS India, Mercedes Benz, TCS, BIOCON, LEXORBIS featured among the winners.
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