Open Letter - Budget 2020 - IP & IPR

In para 63 of the Budget Speech 2020 , the FM states that knowledge - driven enterprises need expansion. The FM proposes several measures. It is said that start ups will reap benefit. Para 63(1) mentions that a digital platform is planned to foster seamless application and keep on record IPRs. An Institute of Excellence is also planned to support IP creation. A proposal for setting up a centre of easing complexity and dealing with innovation in IP.

Budget allocation for the above proposals is not stated .Also envisaged is a platform to record IPRs. Government's concern over support of knowledge-driven enterprises through protection of innovations by obtaining registration under the Acts falling under Intellectual Property.

Intellectual Property enactments relate mainly to patents, trade marks, designs, geographical indications, copyright. There are enactments relating to semi conductors and plant varieties. Trade Secrets also fall under intellectual property.

Understanding IP and IPRs is significant in the current business environment. Business is equated in terms of the global scenario and is not restricted to the country. Products manufactured in one country is sold in another country. So we have global manufacturers who enjoy a global market. Products are indentified by marks which are called brands and regulated by Trade Mark Law. WIPO has unified the laws in vogue in countries.

India has climbed eight places to the 36th position in the Index of Intellectual Property Climate in 50 Global economies published by the US Chamber of Commerce Global Innovation Policy Centre ( GIPC). The ranks are dependent on 45 indicators. Indian score increased from 30.07 per cent ( 12.03 out of 40) in the previous edition to 36.04 per cent ( 16.22 out of 45 ) in the present edition. India gained the largest. It covers 90 per cent of Global Domestic Products.

The country has several Acts to support the creation , preservation and use of IPs. The Central Government has framed a National Policy on IP in the year 2016. While Geographical Indications registration was highlighted in the Budget for 2019, this year streamlining IPRs is the focus is the Budget for 2020.

India has improved its position in respect of Intellectual Property Index . The Government has no doubt worked very hard to spread the knowledge of Intellectual Property among the people. But there is scope for improvement of the understanding Intellectual Property Assets. Intellectual Property Rights are the rights that are obtained from IP Assets. IPRs are acquired from IP Assets. So IP Assets and IPRs do not mean the same thing. What are registered under the different acts are IP Assets. Registered IP Assets give right to its holders. Such rights are referred to as IPRs. So what the FM meant in her speech is that IP Assets are to be recorded to give rights which are to be enjoyed by the IP Asset. Different enactments on IP and rights derived from such IPs are aimed to be supported by the Central Goverment. The speech mentioned allocation fund for promotion and protection of the IPRs.

However, unless the meaning of IP Assets and IPRs are properly understood it will not be possible for the country to progress. Creation of IP Assets i.e. patent, trade mark, design, copyright, GI etc., give rise to IPRs to its holders. So the Budget Speech should have said of IP Assets and then IPRs instead of IPRs only. Rights over IP cannot rise unless the IP Asset is created.

Though we are progressing in the IP field, still the field is not clear to many. Lack of clarity is giving rise to confusion. Many call them IP experts without understanding what IP means and what are the IPRs related to the IP assets. Several agreements include paragraphs on IP without clarity. There seems to be a confusion in the minds of the legal experts who deal with the paragraphs in the agreements. It is well understood that IP plays a very big role in the industrial scenario. Entrepreneurs need to be protected of the IP Assets created. Copyright as an IP is very significant. Ruskin Bond in one of the interviews said that there are more writers than readers to-day. This definitely needs to be analysed. Unless copyright is properly enforced in the country creation would not be encouraged. There will be no creation in the fields of literature, drama, music, art etc.

Apart from an efficient machinery for proper implementation there is the need to encouragement at all levels to enforce protection of IP Assets and IPRs created out of them. We do want Rabindra Sangeet becoming Hamendra Sangeet. Only proper use of the IP laws can see to this. Copying from others should be denounced and copy cats should be punished severely.

Innovations in manufacturing have led the world to its present state. So have creations have given mankind balance in life through music, literature, poetry, drama etc.,. Further the world is now guiding the consumers through brands created out of IP laws. Since IP and IPRs are so significant the innovators and creators should be given incentives and awards.

IP Asset and IPR protection needs to be spread through mass awareness programmes. What may the Government endeavour, unless there is greater awareness of the field, industrial development and creation in the field of art, literature, drama, music etc., will continue to suffer which will affect the country also.

There is no life without birth. Similarly there cannot be any IPR without creation of an IP Asset. One may be the owner of an IP Asset but the right of use ( IPR) might with another.