Lok Sabha Question No. 187 (STARRED), answered on 2020-03-04
Subject: International Intellectual Property Index
Ministry: COMMERCE AND INDUSTRY
Asked by: Shriniwas Dadasaheb Patil, DNV Senthilkumar. S.

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT FOR PROMOTION OF INDUSTRY AND INTERNAL TRADE

## LOK SABHA

STARRED QUESTION NO. 187. TO BE ANSWERED ON WEDNESDAY, THE 04 TH  MARCH, 2020.

## INTERNATIONAL INTELLECTUAL PROPERTY INDEX

- *187.  SHRI SHRINIWAS PATIL: DR. DNV SENTHILKUMAR S.:

Will the Minister of COMMERCE AND INDUSTRY be pleased to state:

वाणिज्य

## एवं उद्योग मंत्री

- (a) whether International Intellectual Property Index (IIPI) has been released by the Global Innovation Policy Centre recently;
- (b) if so, the details thereof including the criteria fixed for determining the rankings in IIPI;
- (c) whether India's ranking has slipped in IIPI;
- (d) if so, the details thereof and the reasons therefor;
- (e) whether  the  Government  has  made  any  effort  to  support  investments  in innovation  and  creativity  through  increasingly  robust  Intellectual  Property protection and enforcement and if so, the details thereof;
- (f) the  number  of  Intellectual  Property  Rights  awareness  workshops/seminars conducted by the Government during the last three years and the current year so far; and
- (g) the other steps taken/being taken by the Government to improve the ranking in  IIPI?

## ANSWER वाणिज ् य एवं उद्योग मंत्री श्री पीयूष गोयल THE MINISTER OF COMMERCE & INDUSTRY

( ) (SHRI  PIYUSH GOYAL)

- (a) to (g): A Statement is laid on the Table of the House.

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## STATEMENT REFFERED TO IN REPLY TO LOK SABHA STARRED QUESTION NO.187 FOR ANSWER ON 4 TH  MARCH 2020.

- (a): Yes Sir, the VIII edition of the International Intellectual Property Index (IIPI)  has  been  released  by  U.S.  Chamber  of  Commerce  Global Innovation Policy Centre (GIPC), on February 5, 2020.
- (b): In its VIII Edition, the International Intellectual Property Index (IIPI) has mapped the Intellectual Property Ecosystem in 53 Global economies. The  index  evaluates  the  Intellectual  Property  framework  in  each economy across 50 indicators.
- (c): The VIII edition report places India at the 40 th rank out of a total of 53 countries, as against 36 in 50 countries assessed last year. While India ranked the very last out of all the countries initially, it has improved its rank  gradually,  indicating  a  consistent  improvement  in  India's  IPR regime  according  to  the  report.  Other  rankings  like  global  innovation index  also  showcase  India's  prowess  in  innovation  and  IP  where India's rank improved to 52 in 2019 as against 81 in 2015.

India's ranking of IIPI for the last few years is as under:

| Edition   |   Year |   India's rank |   No. of countries |
|-----------|--------|----------------|--------------------|
| VIII      |   2020 |             40 |                 53 |
| VII       |   2019 |             36 |                 50 |
| VI        |   2018 |             44 |                 50 |
| V         |   2017 |             43 |                 45 |
| IV        |   2016 |             37 |                 38 |
| III       |   2015 |             29 |                 30 |
| II        |   2014 |             25 |                 25 |
| I         |   2012 |             11 |                 11 |

- (d): India's overall score has increased from 36.04 (16.22 out of 45)   in the VII edition, to 38.46 (19.23 out of 50) in the VIII edition.  India's score on  IP  indicators  improved  from  16.22  (36.04%)  to  19.23  in  existing indicators which indicates improvement in India's IP ecosystem. Three out of five indicators added recently are international treaties to which India has not become member; hence it has not been scored against them.

The report mentions that India has shown real improvement over the past few years. It has made a string of positive efforts which resulted in score increase because of stronger enforcement efforts and precedentsetting  court  cases  involving  copyright  and  trademark  infringement. The report goes on to say that government of India strengthened civil enforcement  measures  and  awarded  substantive  damages  in  IP infringement cases.

- (e) to (g): India  has  a  TRIPS  compliant,  robust,  equitable  and  dynamic  IPR regime.  India  has  a  well-established  legislative,  administrative  and judicial  framework  to  safeguard  IPRs,  which  meets  its  international obligations  while  utilizing  the  flexibilities  provided  in  the  international regime  to  address  its  developmental  concerns.  Government  of  India undertakes various steps to strengthen the IPR regime in the country keeping in view our developmental needs. Some of such steps are:
1. Augmentation of Manpower to ensure that adequate number of examiners and controllers are available, thereby, reducing time taken in examination of patents from an average of 72 months in 2014-15 to around 36 months at present.
2. The  facility  of  Expedited  Examination  has  been  provided  for patent applications filed by Startups and for applications where the Applicant has selected Indian Patent office as ISA/IPEA for his PCT application. Recently, Expedited Examination system is extended for patent applications filed by small entities and other seven more categories of applicants. This provision can result in patent  grant  within  a  year,  as  compared  to  the  period  of  few years required in case of normal examination route.
3. Initiatives  for  Startup  India  program:  Startup  applicants  are provided substantial fee concession  in respect of their IP applications.  According  to  recent  amendments  in  Patents  and Trademarks  rules,  80%  fee  concession  is  available  for  patent application  and  50%  for  trademark  application  in  filing  and  all subsequent procedures, as compared to large entity.
4. Business process re-engineering of the registration system has been taken-up by under-taking the following steps:
-  Paperless electronic processing implemented in Patents and Trade Marks Registry.
-  E-  Filing  of  applications  in  Patents  and  Trademarks  is available  on  24x7  basis  and  has  increased  to  more  than 90 %.
-  Video-conferencing:  Hearing  of  contested  cases  in  Patents is  done  through  Video-conferencing  from  applicant's  place, thereby  removing  the  requirement  of  visiting  the  Patent Office by the applicant.
-  Online delivery of Certificates of Grant/Registration of Patent, Trademark and Designs in digital format implemented.
-  SMS  Alert:  The  facility  has  been  launched  to  help  the applicants to get alerts and updates regarding critical timerelated  events  for  patent  processing  so  as  to  facilitate  the applicants to submit response in time.
5. Dynamic Website and Information dissemination:

IPO website has been redesigned to improve contents and ease of access and make it more interactive, informative and easy to navigate.  IP  data  on  real-time  basis  is  available  in  respect  of filing  and  processing  of  Patents,  Designs,  Trade  Marks  and Geographical Indications. The website provides login-free Search facility for hassle-free dissemination of IP information to stakeholders.

6. Awareness  in  IPR:  Department  for  Promotion  of  Industry  and Internal Trade through Cell for IPR Promotion and Management (CIPAM)  and  in  collaboration  with  the  office  of  CGPDTM  is regularly engaged in dissemination of information and knowledge to IP stakeholders by way of participation in awareness activities in IPR, conducted for schools, universities, industries, legal and enforcement agencies and other stakeholders  in  collaboration  with  industry  Associations  in  the country. IPO officials regularly participate as resource persons in these  programmes.  The  details  of  IPR  Awareness  workshops/ seminars conducted are as under:
7. India's accession to WIPO implemented treaties:

| S. No.   | Particulars                                                                    | Achievements   | Achievements   | Achievements   |
|----------|--------------------------------------------------------------------------------|----------------|----------------|----------------|
|          |                                                                                | 2017-2018      | 2018-2019      | 2019-2020      |
| 1.       | Cell for IPR Promotion and Management (CIPAM)                                  | 78             | 653            | 300            |
| 2.       | IP training and sensitization programs for enforcement agencies and judiciary. | 13             | 19             | 42             |
| 3.       | Controller General of Patents, Designs and Trade Marks (CGPDTM)                | 50             | 114            | 75             |
| 4.       | Rajiv Gandhi National Institute of Intellectual Property Management (RGNIIPM)  | 53             | 92             | 47             |
| 5.       | Ministry of Micro, Small & Medium Enterprises (MSME)                           | 30             | 56             | 113            |

The Government of India has accepted the proposal for India's accession to the WIPO Copyright Treaty and WIPO Performers and Phonograms Treaty which extends the coverage of copyright  to  the  internet  and  digital  environment,  and  also  the proposal for accession of India to  the Nice, Vienna and Locarno Agreements which will help the Indian Intellectual Property Office to  harmonize    the  classification  systems  for  examination  of trademark and design applications, in line with the classification systems followed  globally.  Both  the  treaties  provide  framework for  creators  and  right  owners  to  use  technical  tools  to  protect their works and safeguard information about their use.

There are several TRIPS plus components in the IIPI which India is not pursuing. As a result of the steps taken by India to improve its IP regime

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-  15283 in 2018-19.

Period  of  examination  of  new  Trademarks  applications  is reduced  from  13  months  in  2015-16  to  less  than  30  days presently.  India  now  has  among  the  fastest  trademark examination globally. Trademark is registered in less than 7 months, if there are no office objections or opposition filed, as compared to 3-5 years required earlier. 11.25  lakh  Trademark  Registrations  in  just  four  and  half years (2015 to 2019) as compared to 11 lakh Registrations during 75 Years (1940-2015). Patent  Examination  increased  from  22631  in  2014-15  to 85426 by end of F.Y. 2018-19 Time taken in examination of patents from an average of 72 months in 2014-15 to around 36 months at present. Grant  of  patents  has  increased  from  5978  in  2014-15  to

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