India: Intellectual Property (IP) Policy In India Affecting The Appliances And Consumer Electronics (ACE) Industry

Last Updated: 21 September 2017
Article by Abhishek Pandurangi
Most Read Contributor in India, January 2019

From the days of adjusting television antennas to carrying the world in our pockets via mobile devices, India has witnessed a breathtaking evolution of consumer electronics, and is currently one of the largest electronics markets in the world. While the number of gadgets in consumer's lives is constantly increasing, industry stakeholders have not lost sight of the Intellectual Property (IP) ecosystem of the country. The manifestation of any country's IP policies defines the fabric of its industries. While India's traditionally industries, such as Pharma, have their IP equilibrium fairly settled today, that of the ACE industry is just ending its first lap. Understanding the criticality of IP and the need for a policy, the Government of India released the National IPR Policy in 2016. This policy lays down a multitude of deliverables including IPR administration capacity building, increasing innovation through incentives and awareness, and strengthening the actualization of IPR through commercialization and enforcement. The policy draft does seem all encompassing in theory, however, the on-ground reality of the ecosystem is what w e need to examine to understand the journey that IPR has traversed in India.

The fortification that the Indian economy has undergone in the last two decades has affected the IP regime as well. Once a topic of minimal interest, IP is very relevant today and influences business on several levels. Today businesses are more aware of their IP rights . They send / receive legal notices on a regular basis; integrate their R&D with in-licensing of technologies, and liaison closely with authorities to eradicate piracy, all of which is platformed on an effective enforcement structure.

Ever since the courts started taking IP matter s seriously and delivered speedy verdicts, the IP ecosystem has undergone a complete makeover. Several IP infringement cases have seen a primary directive pronounced within a month of case institution . Leg a I notices often reach a point of out-of-court settlement and a fair amount of those which reach the court get decided in favour of the IP owner. From 1995 to May 2014, there were reportedly 2150 cases, of which approximately 1430 verdicts were in favour of IP owner s. The Judiciary has also crystallized solution-based approaches on several comp le x issues, one example being royalties in Standard Essential Patents (SEP) for mobile phones in the Ericsson litigations (Micromax is to p a y around 1 % to Ericsson on ever y mobile phone sold for SEP licenses) . The next endeavour for the Indian Judiciary should be to match the standards of American and European courts, especially with respect to the technical depth and building of assertive jurisprudence. The state policy should be directed towards technical capacity building among judges / lawyers, and foster legal research and training in this direction.

The judiciary does stand at the forefront of strengthening the IP regime; however, the administration has contributed immensely as well. Today, the IP Office (IPO) allows one to search, file, and even complain online. Increasing the number of examiners as well as continued efforts to reduce the backlog has helped mitigate the frustration associated with a lengthy registration process. However, the lack of proficiency in examination s and inconsistency in interpretation of patent law, as well as the time taken for registration, ends up diluting the IPO ' s effectiveness.

On the capacity building and awareness front, the government machinery can be praised for initiating a lot of schemes (e.g., Support for International Patent Protection in Electronics & IT (MeitY), institutions (e.g., Cell for IPR Promotion and Management (CIPAM)) and partnerships with other stakeholders (e.g., India Innovation Growth Program). However, while substantial effort is taking place, the output appears limited in terms of reach and depth. Basic concepts, such as Provisional patent, Patent Cooperation Treaty (PCT), Uniform Domain-Name Dispute-Resolution Policy (UDRP) for domain name trademark disputes and sui generis rights of databases, are barely known in the industry. Hopefully, this lack of knowledge of the nuances of IPR will ameliorate with time and proper direction of resources.

Legislative enablements, however, continue to move at snail's pace. The Protection and Utilization of Public Funded Intellectual Property Bill, 2008, still awaits its due process and enactment. This bill which is intended to potentially revamp the manner in which research is conducted in public-funded institutes, an underutilized repository of technical resources in our country, has been analyzed everywhere but in the two houses of parliament. Similarly, the proposal to initiate a new form of lP. namely Utility Model, was initiated with active stakeholder participation in 20'l 1 only to fall into oblivion' The utility models, (of great importance to the ACE industry) is on lP right for inventions that get issued within a span of few months and lost for o few years, as opposed to patents that ore valid for 20 years but take around 3-5 years for registration, o period in which Electronics & lT inventions become not only obsolete but move to o different paradigm altogether' An effective utility model system could largely change the landscape of ACE lP in India, much like it has done in many other countries including Japan, Germany South Korea and Chino. Policy reflection is imperative if meaningful strides hove to be token in making Indian lP efficient.

While inching closer to the dream of on economic superpower, India has to carry its lP ecosystem ahead in a steadfast manner. and while the journey seems possible, it shall require o lot more groundwork f rom its lP policy in times to come'

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Sign Up
Gain free access to lawyers expertise from more than 250 countries.
Email Address
Company Name
Confirm Password
Mondaq Newsalert
Select Topics
Select Regions
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions