• India has doubled its patent filings in the last five years, ranking sixth globally.
• The country made it to the top 10 for patents, industrial design applications, and trademark applications.
• In 2023, India filed 64,480 patents, marking the fifth consecutive year of double-digit growth.
• Despite the growth, challenges remain in enforcing the Trademarks Act, 1999, in the Indian market.

India has made a significant leap forward in the realm of intellectual property rights (IPR), doubling its patent filings in the last five years. This progress has propelled the country to the sixth rank globally, according to the latest annual report of the World Intellectual Property Organisation (WIPO).

For the first time, India has made it to the top 10 countries worldwide for three main intellectual property (IP) rights: patents, industrial design applications, and trademark applications.

The WIPO report reveals that the number of patents filed in India in 2023 was 64,480, marking the fifth consecutive year of double-digit growth rate. This growth rate was 15.7 per cent compared to the previous year. The report also states that more than 35 lakh patents were filed worldwide in 2023, marking the fourth successive year of positive growth in global patent filing.

In terms of the maximum patent filing in 2023, China led the way with 1.64 million filings, followed by the United States of America (518,364), Japan (414,413), South Korea (287,954), Germany (133,053), and India (64,480).

Understanding Intellectual Property Rights

Intellectual Property Rights (IPR) refer to creations of the human mind, which do not exist in nature. They include inventions, literary and artistic works, designs, symbols, names, and images used in commerce. IPR are protected by law to prevent their illegal use.

These rights include Patents, Copyright, Trademarks, Industrial Designs, Geographical Indications, and Trade Secrets.

Patents refer to the exclusive rights given to an invention by a human being, such as the discovery of medicine. Copyright refers to creators' rights to their literary and artistic works, such as songs, music, books, etc.

A trademark is a legal term that distinguishes one company's goods or services from those of others. It could be a symbol, design or name that the company uses on its products. An industrial design constitutes the ornamental or aesthetic aspect of mass-produced goods.

The Role of WIPO and the Future of IPR

The World Intellectual Property Organisation (WIPO) was established in 1967 as a United Nations' agency. Based in Geneva in Switzerland, the organisation's main function is to promote the protection of Intellectual Property rights worldwide.

This growth in patent filings was primarily driven by a strong increase in resident filings supported by India's fast-growing economy. The surge in applications from India has led to a record high in global patent filings in 2023.

However, the landscape of Intellectual Property Rights is not without its challenges. For instance, the enforcement of the Trademarks Act, 1999, has faced challenges in the Indian market. The Act plays an important role in protecting brand identity, promoting fair competition, and providing a legal framework for resolving trademark disputes in India.