ABTRACT
This article examines Asia’s contribution, particularly India’s, to global intellectual property rights (IPR) filings. We will begin by defining what global IPR filings entail. In the latter section, we will explore trends, reports, and statistics that highlight Asia’s growing share of the global IPR market, and the factors driving this significant expansion.
INTRODUCTION
The only special gift distinguishing the human race from the other species is the ability to feel consciousness and use the human intellect. This is the foremost evolutionary step in the nerve line of the entire human race.
Science, technology, arts, literature, music, cuisines, and all other creative works are the outcomes of the human intellect.
Intellectual Property (IP) is the creative work of the human mind. It is unlike some tangible property that can be sensed or touched. It is an invisible or intangible product containing an innovative nature in itself. Sometimes intellectual property could be described as “knowledge goods”.
As intellectual property is also a property and as any property, it could be defined as any entity over which the right of ownership extends. It may also include the exclusive right of control and disposal. Those exclusive rights are known as intellectual property rights (IPR).
MEANING OF IPR FILLINGS
In a layman language, we can define the IPR Filling as an application for the grant of exclusive rights related to Intellectual Properties.
An application for intellectual property rights, including patents, trademarks, copyrights, and designs, is submitted through an IPR filing. The procedure entails submitting a thorough application, having it reviewed to ensure compliance with the law, publishing it for public access, and, if accepted, providing protection. This guarantees the owner of the intellectual property the sole right to use, sell, or grant licenses.
On an international level, the same application is moved forward in the form of Global IPR Fillings.
The process of submitting applications to safeguard intellectual property rights (IPR) across national borders is known as “global IPR filing.” This entails navigating several international agreements and treaties, including the Berne Convention on copyrights, the Madrid Protocol on trademarks, and the Patent Cooperation Treaty (PCT) for patents. The objective is to ensure that brands, inventions, and creative works are protected in various jurisdictions so that the owners of the rights can enforce those rights worldwide. For companies and individuals looking to protect their intellectual property in the global marketplace, this procedure is essential.
INDIA’S OVERVIEW LANDSCAPE IN IPR
In recent years, India has strengthened its intellectual property rights framework with notable progress. The nation has ratified a number of international agreements, including the World Trade Organization’s TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights). By doing this, India’s IPR laws conform to international norms.
The Indian government has implemented several initiatives to improve IPR awareness and enforcement. Among them is the National IPR Policy, which seeks to foster an atmosphere that is favourable to creativity and innovation. To effectively resolve disputes, specialized IPR courts have also been established.
But there are still difficulties. Problems like copying, piracy, and small businesses’ ignorance of intellectual property rights continue to exist. India is still committed to improving its intellectual property rights (IPR) laws, providing greater incentives and protection for innovators in spite of these obstacles.
ASIA’S GROWTH IN GLOBAL IPR FILLINGS
Asia is a major contributor to worldwide IPR filings; nations like China, Japan, South Korea, and India are among the largest contributors. The number of domestic and international patent, trademark, and design applications filed has increased significantly in these countries. China, for example, has emerged as the global leader in patent filing due to its emphasis on innovation and technological development. Similarly, Japan and South Korea are known for their high volume of patent filings, particularly in the fields of electronics and automotive technology. With more filings in the information technology and pharmaceutical industries, India is also becoming a major player. Asia’s increased IPR filing activity is a reflection of both its dedication to upholding intellectual property rights and its expanding economic power on the world stage.
WORLDWIDE IP FILINGS IN 2021
According to WIPO’s World Intellectual Property Indicators (WIPI) report, IP filings surged in 2021 and remained robust during the COVID-19 pandemic’s peak in 2020, defying previous economic downturn trends.
Global innovators submitted 3.4 million patent applications in 2021—a 3.6% increase from the year before—with Asian offices handling 67.6% of all applications filed globally.
Strong growth in local patent filings in China (+5.5%), the Republic of Korea (+2.5%) and India (+5.5%) drove the global growth in patent applications in 2021, propelling the share of Asian filings to cross the two-thirds threshold. In 2021, local patenting activity fell in Germany (-3.9%), Japan (-1.7%), and the United States (-1.2%).
The majority of nations saw a rise in the number of trademark applications in 2021; globally, there were 18.1 million trademark classes, an increase of 5.5% over 2020. Due to the disruptions caused by the pandemic, there was a surge in venture capital deals and entrepreneurial activity at the same time as the number of new brand registrations. The volume of industrial design filings increased by 9.2%. Additionally, offices in Asia saw the biggest increase in designs.
WIPO Director General Daren Tang stated, “The most recent WIPI data show continued and sustained growth in IP filings, driven largely by increases from Asia, with other regions also trending mostly upward.” In spite of the economic and social disruptions brought about by the pandemic, he continued, “IP filing strength during the pandemic showed that people across the world continued to innovate and create.”
| IP Right applications | 2020 | 2021 | Growth (%), 2020-2021 |
| Patents | 3,281,900 | 3,401,100 | 3.6 |
| Trademarks * | 17,193,800 | 18,145,100 | 5.5 |
| Industrial designs * | 1,387,800 | 1,515,200 | 9.2 |
| Plant variety | 22,620 | 25,340 | 12.0 |
INDIA’S CONTRIBUTION IN GLOBAL IPR FILLING
India’s standing in international IPR filings has been steadily rising, which is indicative of the country’s increasing focus on innovation and intellectual property protection. Applications for patents, trademarks, and designs have increased significantly in the nation, both nationally and internationally. India has carried out a number of reforms in the last few years to improve enforcement procedures, expedite the IPR filing process, and increase public awareness of the value of intellectual property rights. As a result, there is now a stronger IPR ecosystem, which encourages foreign and domestic companies to apply for protection in India. India is consequently becoming a major force in the international IPR scene, especially in fields like biotechnology, IT, and pharmaceuticals.
REASONS FOR ASIA’S GROWTH IN IPR FILLINGS
There are multiple significant reasons behind Asia’s increase in IPR filings:
Rapid economic development: In nations such as China, India, and South Korea has stimulated technological advancements and innovation, resulting in an increase in the filing of patent, trademark, and design applications.
Government Support and Initiatives: To promote innovation and safeguard intellectual property, numerous Asian governments have put laws and programs into place. For example, China has made significant investments in R&D and streamlined its patent application process.
Enhanced Knowledge and Education: Businesses and individuals in Asia are becoming more and more conscious of the value of intellectual property rights. Campaigns and educational initiatives have aided in raising awareness of the advantages of intellectual property protection.
Integration of Global Markets: Asian businesses are progressively pursuing international markets, which makes international intellectual property protection necessary. As a result, the region’s international IPR filings have increased.
Technological Advancements: The need for strong intellectual property protection has been fuelled by the emergence of new technologies, particularly in industries like electronics, pharmaceuticals, and information technology.
CONCLUSION
In summary, there has been a notable surge in worldwide IPR filings, primarily due to the growing significance of safeguarding intellectual property in a swiftly changing global marketplace. Asia has been essential to this expansion, especially nations like China, Japan, South Korea, and India.
Increased awareness, government support, technological advancements, and economic growth in the region have all led to a spike in applications for patents, trademarks, and designs.
With significant advancements in its IPR ecosystem and a noticeable rise in filings, particularly in industries like information technology and pharmaceuticals, India has emerged as a major player in this context. The critical role that intellectual property rights play in promoting innovation and global economic development is highlighted by this collective progress.
Authored By Yash Bhardwaj and Anamika Kumari
Yash Bhardwaj is a dedicated and fiercely passionate fifth-year law student pursuing an LL.B. (Hons.) from the prestigious Faculty of Law at the University of Lucknow. His deep commitment to the field of law drives his academic and professional endeavors, shaping his path towards becoming an impactful legal professional.
Anamika Kumari is a partner at Ekadeekta Legal, her extensive knowledge in trademarks, copyrights, and design law plays a vital role in protecting intellectual property. Her contributions are invaluable to clients navigating these complex areas.
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