Role of IPR in Promoting Technological Advancements in India.

Authored By: Sahithi Reddy Koralla

Dr. B. R. Ambedkar Law College

Introduction

Intellectual Property Rights (IPR) as the driving force behind technological advancement are among some of the main levers which empower innovators by securing transparent and exclusive ownership of their own inventions and unique creative works. With innovation moving ahead increasingly becoming the lifeblood of the economy and that is also becoming increasingly important in developing nations like India where a large chunk of the economy is technology-led and internationally oriented and thus gives legal and economic grounds to IPR here. It is the purpose of this article to critically examine the role of IPR as a tool to catalyse technological development in India, namely through a systemic study of legislative framework, judicial practices, policy imperatives, policies of IPR and their sectoral application. It elaborates the challenges of technology access, public interest and enforcement, and what it contributes with regard to the way forward in developing and promoting India-based IPR framework, and how to facilitate sustainable development of it on the same. No longer is technological advancement seen as a side-effect or derivative of growth, but it is in fact its foundation for contemporary law and economics. We believe that in the developing world of India we are in the development process from investment led growth model of development to innovation-led economy, especially if the country is India, we consider the protection of intellectual innovation becomes increasingly important. Intellectual Property Rights (IPR) are a meeting point between law, economy and technology when it comes to transforming intangible knowledge into a legal right enforceable. While theoretically, IPR is aimed at stimulating innovation, in practice it is only as effective as it is properly implemented in a country’s socio-economic situation. The growth in sectors such as IT, pharmaceuticals, biotechnology, renewable energy, and artificial intelligence has also heightened the importance and complexity of IPR administration in India. This article analyses the role of IPR in technological advancement of an emerging country and how it promotes technological progress of IPR in India with analytical rigour, criticises the robustness of the present-day safety net of protection that prevents it from being efficient to ensure the balance between innovation incentives and public interest.

Intellectual Property Rights – Concept and Objectives

Sahithi Reddy Koralla 2 of 8 Intellectual Property Rights (IPR) are the legal rights that exist to one or more individuals or organisations for the protection of their intellectual property. These include intellectual property rights to work, creative output and publications. These rights encompass territorial limitations, temporal restraints, and legal aspects of enforceability. The main aims of IPR are: Fostering Innovations: Under IPR, each inventor has the opportunity for their unique interests to be taken in and contribute to the research and development by getting the rights that they have. Promote Economic Development: Intellectual property is commercialised, and it encourages industrial development, brings in new jobs and draws foreign investment.

Technological Sharing: IPR assists in information sharing and dissemination of technical information through mandated disclosure laws (particularly in patents).

Consumer protection: Trademarks and geographical indications safeguard the quality and authenticity of products and services. In the context of India, these objectives fall under larger developmental initiatives such as ‘Make in India,’ ‘Digital India,’ and ‘Atmanirbhar Bharat’.

Evolution of India’s IPR Framework

3.1 Pre-TRIPS Period

Prior to economic liberalisation, India’s intellectual property policy was predominantly protectionist and based largely on the public interest. Such was the case under the 1970 Patents Act, when only process patents for pharmaceuticals and agrochemicals were permitted, and a vibrant generic drug market, with the benefit of making drugs cheaper, flourished.

3.2 Post-TRIPS Developments

India entered into the World Trade Organisation (WTO) as part of a transition that included following the commitment of India to implement the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in 1995 in an international context. To bring domestic legislation into line with global best practice several legislative reforms took place in this regard. The Patents (Amendment) Act, 2005 was the Act that introduced product patenting. Amending the Copyright Act 1957. The development of laws on Geographical Indications registration protocols via the Goods and Services Act 1999. Increased protection of trademarks in association with design laws. The purpose of such changes was to reconcile incentive for innovation with socio-economic perspectives in society.

The role of patents in technological progress.

Patents are essential for fostering technological progress by safeguarding innovations that are original, demonstrate inventive steps, and can be applied industrially. In India, patents hold significant value across various industries related to technology.

4.1 Pharmaceutical and Biotechnology Industry.

Product patents have revolutionised India’s pharmaceutical sector by pushing more investments towards R&D. A few years ago, Indian companies started to make the conversion from reverse engineering to new drug discovery and biotech research. The Patents Act s 3(d) does protect against ever-greening, so that patent defence does not affect accessibility to essential medicines to the public.

4.2 IT and Electronics.

India’s information technology, in particular, receives more protection from copyright and trade secret law compared to the patent law although patenting of technical software inventions (where they show their effect) has become more popular. This has opened the door to innovation in fields including fintech, artificial intelligence and semiconductor technology.

4.3 Start-ups and MSMEs.

So much so, that patents offer start-ups and Micro, Small and Medium Enterprises (MSMEs) competitive advantages, which attract venture capital and enable technology to be commercialised. Programmes like the Start-ups Intellectual Property Protection (SIPP) scheme by government support patent filing and advocacy.

Copyright, Trademarks, and Industrial Designs in Technology Promotion

5.1 Copyright

Copyright protection plays a crucial role in software development, digital content creation, and research publication. Copyright laws in India encourage technology by protecting computer programs, databases, and digital creations and therefore inspire innovation in the digital economy.

5.2 Trademarks

Trademarks are tools for tech companies to solidify their brand identity and build consumer trust. Strong trademark protection not only makes products more competitive on the market but also enables products and services powered by technology to be commercially offered.

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5.3 Industrial Designs

Promotion of design protection by manufacturers results in better creativity of product appearance and user experience in electronics, automotive, and consumer products.

A case-by-case review of the IPR and Technology Judicial Jurisdiction.

Indian courts have taken a proactive approach in the interpretation of IPR, balancing innovation with public interest. The latter has enabled important findings to specify criteria for patentability, provide guidelines for compulsory licensing, and set out tenets of fair use. A review of the courts guarantees that the protection of IPR does not crush competition or access to technology but still promotes real innovation.

Landmark Judgements on IPR law in India:

a) Bajaj Auto Ltd Vs. TVS Motor Company Limited [JT 2009 (12) SC 103] The Supreme Court delivered a significant ruling in this matter, mandating that all intellectual property rights (IPR) cases must be resolved within four months from the date the lawsuit is filed. Additionally, it stipulated that these cases should be heard continuously on a day-to-day basis to adhere to the court’s directive.

b) Bayer Corporation Vs. Union Of India [162(2009) DLT 371]

The ruling strikes a balance between considerations of public interest and the rights of the patent holder. It highlights the priority given by Indian Pharmaceutical Patent Law to enhance affordable access for the broader population, underscoring the Court’s primary focus on public welfare. Consequently, the High Court rejected Bayer Corporation’s petition.

c) Novartis Vs. Union Of India [CIVIL APPEAL No. 2706-2716 OF 2013 (ARISING OUT OF SLP(C) Nos. 20539-20549 OF 2009]

The Supreme Court’s ruling reaffirmed the understanding of Section 3(d) of the Indian Patent Act, emphasising the necessity of striking a balance between patent protection and public health needs. This case continues to serve as an important reference point in international discussions regarding pharmaceutical patents and medication accessibility, illustrating the delicate equilibrium between fostering innovation and ensuring access.

d) Star India Pvt. Ltd. v. Moviestrunk.com &Ors. (2020) Delhi HC

Sahithi Reddy Koralla 5 of 8 The Star India case underscores the growing menace of digital piracy and the challenges associated with enforcing intellectual property rights in an anonymous online environment. What distinguishes this case is the court’s pragmatic and urgent response, categorising specific websites as “rogue websites” and initiating ex-pa-rte proceedings to safeguard content creators. Additionally, it reflects the evolving judicial perspective on how conventional IP enforcement needs to adapt to modern technological realities. This ruling enables copyright owners to act decisively not only against those who infringe their rights but also against facilitating intermediaries like ISPs and domain registrars.

7. Government Policies and Institutional Support

The government of India has initiated numerous strategies aimed at improving the intellectual property rights (IPR) ecosystem. In 2016, it implemented the National IPR Policy, which focuses on key areas such as awareness, generation, legal structure, administration, enforcement, and commercialisation of intellectual property. When IP Offices are digitalised, IP registration will become more efficient and transparent. University and research institutions have Technology Transfer Offices (TTOs), to help them commercialise research. This is done to create an innovation friendly environment for all that is the technology world.

Advancements: How to Use IPR for Technological Development Is Challenging.

The use of IPR in furthering technological development has some limitations, and even so though a leap forward is visible it is not without limits. One fundamental challenge is the tension between rights of exclusivity of society and the level of accessibility in technology. Robust patent protections, particularly in the fields of pharmaceuticals and innovative technologies, result in elevated prices that render products unaffordable for a significant portion of the population.A related challenge stems from the inequity of IPR knowledge. Innovators in rural regions, universities, and informal sectors, however, are generally not covered under the protection of the formal structure, although there is increased use of IP systems in urban start-ups and large corporations. IPR enforcement gaps also diminish its effectiveness because the protracted litigation, and diverse treatments to which IP individuals can be entitled can reduce the commercial certainty Sahithi Reddy Koralla 6 of 8 that IP protection attempts to provide. From the authors’ point of view, unless these are confronted, IPR will become a formal legal entitlement, and not indeed a practical driver of innovation.

IPR, Technology Transfer and Foreign Investment.

It is not only the predictable and balanced regulation of IPR that attracts FDI but also encourages the cross-border technology transfer. When companies with a strong IP posture are able to secure them, then they are more inclined to cooperate with Indian firms. But India needs to make sure that the transfer of technology helps in local capacity building not just ruling the market.

IPR Status of India

The World Bank carried out survey concerned to Knowledge Economy Index (KEI) of 141 countries across the world on the basis of their knowledge based initiative, policy frame work, economy incentive and institutional regime, information and communication technologies (ICT) infrastructure in 2024. India ranked at 92nd position. India is a modest performer in terms of its knowledge infrastructure.
India Witnesses 44% Surge in IP Filings Over Five Years, Driven by Key Policy Reforms and Digitisation. Geographical Indications See 380% Growth; Government Strengthens Protection of Indigenous Products. Startups, MSMEs, and Educational Institutions Benefit from Major IP Fee Concessions and Expedited Services. 95% of IP Filings Now Online as Ministry Modernises and Digitises IP Ecosystem. NIPAM Reaches Over 25 Lakh Students; Ministry Deepens IP Awareness Across All States and UTs. India ranks globally high in IP filings, especially patents, reaching 6th position in 2023 for patent applications by origin (resident + abroad) and 4th for trademark applications in 2023, showcasing significant innovation growth, while also improving its standing in overall IP ecosystems, though with varied performance across indices like the International IP Index.
India secured 38th position in Global Innovation Index, 2025.
The main reason behind the improved yet low to moderate performance in the above rankings is the unawareness amongst youth, academicians, researchers, industrialists and traders in India about IPR and its benefits is the main reason for lagging behind in IPR participation. Even Micro, Small and Medium Enterprises (MSMEs), which account for approximately 95% of all business entities, contribute about 40% to the overall value addition, nearly 80% of employment within the Sahithi Reddy Koralla 7 of 8 manufacturing sector, and represent 35% of total exports, are still deficient in their intellectual property rights advantage.
As of the latest available data (covering up to early 2025 and primarily reflecting 2024 and 2023 filings), no Indian multinational corporation is currently ranked within the top 100 global patent applicants under the World Intellectual Property Organisations (WIPO) Patent Cooperation Treaty (PCT) system.

Recommendations.

To increase the efficiency of IPR within promoting technological development efforts the following actions are proposed:

Improvement of IP education and awareness at the grassroots.
Enhance enforcement and cut litigation time. Promoting open innovation paradigms and collaborative research.
Maintaining the possibility of flexibilities such as compulsory licensing in order to protect public interest. Nurturing indigenous innovation with focused inducements

Conclusion

Intellectual Property Rights have the position of being a tricky one in India’s technological development strategy. They serve as rewards for innovation and regulators that need to be skilful in exercising discipline for the benefit of the people. Increased number of domestic patent applications, changing judicial interpretation, and focused policy programs suggest that India may be shifting toward a more innovation-oriented IP regime. The achievement of this transition cannot be measured solely by quantitative indicators, however. The real test is whether protecting IP equates to making technology and technology development accessible, affordable and socially beneficial. India’s IPR framework in this sense should be dynamic, responsive, and grounded in developmental realities. Only then can intellectual property become genuinely effective as a catalyst to sustainable technology growth.

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