• Legis Scriptor

IPR and Economic development

Authored by Shaik Uzma

Keywords: patent, economic growth, protection


Intellectual Property ( IP) is the concept that defines the concepts, innovations, technology, artworks, music , and literature that are intangible when they are first created but become valuable as goods in tangible form. The own creations are intellectual properties: inventions, literary and artistic works, and the images, names, and designs used in commerce. The reason for creating a legal structure on IPRs is that innovative and imaginative ideas will be rewarded as a signal to society.

The IP framework is incorporated into the information economy and presents interesting challenges in both emerging and developing sectors for business, government officials, scholars and researchers.


Intellectual property rights have evolved to a status from which they have played a major role in the growth of the global economy over the last two decades. In the 1990s, many countries unilaterally strengthened laws and regulations in there region. At multilateral level, due to the successful conclusion of the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), there has been strengthened security and compliance of IPRs to the extent of solemn international commitment.

Intellectual property is a vast domain. It consists of Trademarks in designs, copyrights, and patents that have long been known. Especially encouraged by the stimulating development of technological and scientific activities which are also developing new forms of defense.

History of intellectual property Rights

The defence of intellectual property ( IP) has a long track record. For the United Kingdom, the direction of impressions from the fourteenth century, the seventeenth century of the United States and the eighteenth century of Japan can be followed. Six hundred years ago the UK leader regarded scholarly development and its insurance importance. We may also describe the monetary efficiency of such nations accordingly.

All of the produced countries have specific licensed innovation law and a proper authorization process to guarantee the rights. In fact, even those nations have separate courts to deal with IP-related issues to facilitate reform. China started out late on the IP. However, the key patent was licensed in 1984 (according to our discoveries), they moved fast. China and India both marked similar cycles of global IP bargaining. In Mainland China the IP requirement was not viable during the underlying days. The neighborhood producers beneficially used this to create their monetary efficiency and for an extension.

What is meant by IPR?

As a collective word, intellectual property rights include the following individual IP rights that can be jointly used to cover different aspects of multi-security creative work: patents , copyrights, licensed (industrial) design trademarks, security of IC layout design, geographical indications and protection of undisclosed information design, protection of IC layout design

IPR are essentially territorial rights except for copyright, which is of a global nature in that it is automatically open to all the members of the Berne Convention.

These rights are granted by the State and are monopoly rights which mean that no one can use these rights without the right holder 's consent. It is important to know that, except in the case of copyright and trademarks, these rights must be extended from time to time to keep them in effect.

In the Trade-Related Intellectual Property Systems (TRIPS) Agreement, with the creation of the World Trade Organization ( WTO), the function and value of intellectual property security has been established. It was signed at the end of the Uruguay Round of the 1994 General Tariff and Trade Agreement (GATT) treaty.

Legislations covering IPR in India

● Patents Act, 1970

● Trade Mark Act, 1999

● The Designs Act, 2000:

● The Geographical Indications of Goods (Registration and Protection ) Act, 1999

● Copyright Act, 1957

● The Protection of Plant Varieties and Farmers’ Rights Act, 2001

● The Semi Conductor Integrated Circuits Layout Design Act, 2000

Safeguarding of Intellectual Property Rights and Economic Development

Various hypothetical writing has broken down the impacts of IPRs protection on financial development, but blended results have been found. Much relies on the doubts in the developing countries about the exercises of perception and development.

The effects of faulty IPRs on specialised advancement and monetary growth by expecting progress to occur in the Northern Countries alone and impersonation to occur in the Southern Countries only. As per these authors, the imperfect protection of IPRs energizes the movement of impersonation in the South. Strong IPR security could then again decrease the speed of impersonation.Because of the expanded trouble to copy, the span of restraining infrastructure benefits of the northern pioneer is longer, and this imposing business model position keeps going.

The productivity of southern imitators is declining and there is no strengthening of the country's data heap.The beneficial effect is that specialised advancement is animated to the point that the northern firm is enhancing to make due under the weight of limited southern imitators effort. The negative impact is due to the disappearing of the trend-setter's lease from the minute it imitates the assortment of an object.

Expecting a mixture of impersonation and creativity in developing countries, however, shows that the financial effect of protection for IPRs fluctuates according to the degree of monetary improvement. The defense of intellectual property rights tends to reduce the chance of the invention being infringed. These impacts increase with salary and eventually decline. Consequently the link between insurance and financial development of the less-built nations' IPRs is U-molded. This indicates a nation's eagerness to improve its first decreases in protection IPRs, which eventually rises with its pay.


After India became a signatory of the TRIPS agreement, Indian Patent Law was amended in accordance with the TRIPS agreement. Many multinational companies began investing in India as a result. MNCs have also begun their Research & Development process in India, which has indirectly increased India's economic growth and generated jobs for the Indian people. Currently India needs to invite more multinational companies to invest and start their phase of research & development in India. That way, India's economy will increase. India's pharmaceutical industry has risen from $6 billion to $30 billion over the past ten years, due to the fact that many global pharmaceutical companies have invested and begun their research and development phase in India after 2005.