India’s Intellectual Property Right: A Neglected Issue

India remains one of the world’s most challenging major economies with
respect to protection and enforcement of IP. Intellectual property rights are the
rights given to persons over the creations of their minds and give the creator an
exclusive right over the use of his/her creation for a certain period of time. 1

The rights of authors of literary and artistic work (such as books and the
other writings, musical composition, paintings, sculpture, computer programs
and films) are protected by copyright, for a minimum period of 50 years after
the death of the author.

Also protected through copyright and related rights are rights of

performers, producers of phonograms and broadcasting organization. The main
social purpose of protection of copyright and related rights is to encourage and
reward creative work.

Despite increased legal protection, copyright infringement is still rampant

in India due to lax administration and enforcement practices. Indian policies also
often fail to protect innovations in life sciences, the report says, which can
include biotechnology and pharmaceutical discoveries. 2

In 2012, three international publishers, Oxford University Press,

Cambridge University Press and Taylor & Francis filed a copyright suit against
the sale of photocopied pages of their books in Delhi University. However, they
later withdrew the suit stating, ““We support and seek to enable equitable
access to knowledge for students and we understand and endorse the important
role that course packs play in the education of students.”3 The University of
Delhi had argued that the Copyright Act, 1957 permits students and educational

1
www.wipo.int
2
https://qz.com/india/906776/india-sucks-at-protecting-intellectual-property-according-to-the-
us-chamber-of-commerces-2017-ip-index/
3
https://www.hindustantimes.com/delhi-news/delhi-university-photocopy-case-three-publishers-
withdraw-copyright-suit-against-shop/story-9GuzmW3H4xrq9PqLnLgRBN.html
institutions to copy portions from any work for research and educational
purpose.4

In 2017, India finalized its examination guidelines for Computer Related

Inventions. Between 2016 and 2017, India required the hardware to be novel
along with the software. That specific provision was removed and in doing so,
it merely restated the law, that computer software per se were not patentable.
It removed all examples of what can and cannot be patentable and replaced it
by stating that it would be left to the discretion of the patent examiner to allow
or disallow an application. The first set of application publication is expected in
August 2018.

India also actively engages at multilateral negotiations and the WTO TRIPS
Council. India has strongly supported and sometimes led the charge in calling
for open technology transfer, liberal use of compulsory licensing cross sectors,
price controls and protection of traditional knowledge. These negotiations will
have an impact on innovation, trade, and investment in IP-intensive products
and services. 5

4
https://qz.com/india/906776/india-sucks-at-protecting-intellectual-property-according-to-the-
us-chamber-of-commerces-2017-ip-index/
5
https://www.export.gov/article?id=India-Protecting-Intellectual-Property