IP INDIA EVOLUTION: THEN AND TODAY

May 23, 2025
Stuti Pandey
Amity University, UP
The picture depicts IP India evolution.

Introduction

The IP India evolution reflects the nation’s legal complexity and its adaptability to global, technological, and economic shifts. Initially shaped by colonial influence, India’s IP system has seen significant reforms. These changes aligned it with global norms, particularly after joining the World Trade Organization and signing the TRIPS Agreement.

This blog looks at the legal development of intellectual property laws in India, stressing historical achievements and present problems in key sectors such copyrights, patents, trademarks, and designs.

IP Legislation Across The Colonial Area

Many of India’s IP laws trace back to the colonial era. The Patents and Designs Act of 1911 favored international businesses, offering minimal protection to Indian inventors and designers. The Copyright Act of 1914, modeled on British law, granted creators rights but included outdated clauses and limited practical power. Similarly, the Trademark Act of 1940 introduced brand name and insignia protection through a formal registration system.

Post- Independence Era (1947-1991)

India started to modernize its legislative system only after attaining independence from the Britishers, in order to support public welfare, especially self-sufficiency, economic growth, and national interests in the manufacturing sector, unlike other developing countries.

To attain self-sufficiency, India discouraged monopolistic practices and supported fair access of essential commodities leading to the replacement of Patents and Designs Act 1911 by the Patents Act of 1970. This act excluded patent protection for certain food, pharmaceutical and chemical products, permitting the Indian companies to manufacture generics that are priced reasonably. The British Copyright law was replaced by the Copyright Act of 1957 that granted creators exclusive rights for their works. This law was amended several times to include rights for artists and digital works. Similarly, the Trademarks Act of 1940 was replaced by Trademarks Act 1958 owing to the need for changes and to ease the trademark registration process.

Liberalization And Global Commitments (1991- 2005)

India had to reconcile its IP laws after the 1990s liberalization policies and became a member of WTO in 1995. And to meet the global standards, India agreed to reform its IP law regimen in accordance with the Trade Related Aspects of Intellectual Property Rights (TRIPS). To enhance IP protection, India undertook the following changes:

  1. Patents Act of 1999, 2002, and 2005 Amendments: India allowed product patents especially in the pharmaceutical industry and increased the patent term to 20 years of protection.
  2. Trademarks Act of 1999- It established the protection for service marks, recognized well-known trademarks and improved trademark enforcement tools.
  3. Geographical Indications Act, 1999: This was enacted to provide legal protection to regional and traditional items including Pochampally Ikat and Darjeeling tea.
  4. Designs Act 2000: This act replaced the outdated Patents and Designs Act 1911 that created a modern legal framework to protect new designs.
  5. Copyright (Amendment) Act, 2012: It amended the 1957 act covering protection for digital content, performance rights and distribution of fair royalties. 

Modern Intellectual Property Law: Innovation, Digitalizing, And Start-Ups (2005- Present) 

India’s intellectual property laws have changed dramatically over time  to reflect the needs of entrepreneurship, digital economy, and innovation. The 2016 national IPR policy acts as a strategic guide for fostering an intellectual culture all around. The abolition of the IP Appellate Board in 2021 shifted the responsibility for resolving IP disputes to the High Courts, aiming to increase efficiency in handling conflicts. Government initiatives such as the Startup India Mission and the Atal Innovation Mission actively encourage patent registrations. They also support small enterprises in navigating the complexities of the IP system.

The main objectives of Indian IP legislations include raising awareness of IP rights, helping business owners and creative thinkers to know their IP rights, improving IP management by making registration process quicker with the help of digital tools and enabling IP monetization.

Challenges For IPR

The advent of artificial intelligence, digital art, and blockchain technology has introduced new legal challenges for IP protection in India. Firstly, ownership confusion has emerged whether rights belong to the AI owner, the developer, or the machine-generated work itself. Secondly, infringement issues have intensified, with unauthorized copying, streaming, and digital content distribution becoming more prevalent especially in sectors like software development, database management, and biotech, where IP rights frequently intersect with personal data protection. Moreover, cross-border enforcement remains challenging in emerging areas like blockchain and NFTs, leading to transnational biopiracy and unauthorized use due to jurisdictional differences.

Conclusion 

Intellectual Property Laws in India stand as an outstanding example of a country that juggles between national development needs and global obligations. India has legislated a careful mix between a TRIPS-compliant IP system that fosters innovation but also limits patent protection to protect exorbitant costs on certain products. How India deals with digital issues, encourages businesses, and makes sure that the IP legal system promotes innovation and protects public interest will shape it’s path in the IP regime. As India aims to become a worldwide innovator powerhouse, its IP laws have to grow with foresight, inclusivity and agility. 

References

  1. The Patent Act, 1970 (with amendments)- http://ipindia.gov.in 
  2. WTO TRIPS Agreement-https://www.wto.org/english/docs_e/legal_e/27-trips.pdf 
  3. National IPR Policy, 2016- http://dpiit.gov.in 
  4. Basheer, S. (2005). India’s Tryst with TRIPS: The Patent Amendment and the Right to Health. Indian Journal of Law and Technology.
  5. Ghosh, S. (2009). The implementation of TRIPS in India: Domestic Politics and International negotiations. The Journal of World Intellectual Property.
  6. WIPO-country profile:India- https://www.wipo.int/directory/en/details.jsp?country_code=IN 
  7. Ministry of Commerce and Industry, Government of India- http://commerce.gov.in 

Other Recent Blog Posts