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IPRs and Innovation August 10, 2016
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Multilateral agreements
Berne Convention, protection to literary and artistic works. Revised seven times in 1896 (at Paris), 1908 (at Berlin), (at Rome), 1948 (at Brussels) , 1967 (at Stockholm) and (at Paris) and finally in 1978. The 1971 revision (the Paris Act) is of particular importance to the developing countries Provides special concessions to these countries in making translations and reproduction of foreign literary works for educational purposes. Ninety countries are at present member of the Berne Convention. In August, 1952 the Universal Copyright Convention (UCC). India is a member of both the Berne Convention and the UCC.
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In India too legislation has supported IP
1876, 1963 – Dramatic Performances Act 1914, 1957 – Copyright Act 1918, 1952 – Cinematograph Act 1981 – Cine-workers welfare Cess Act, Cine- workers welfare Fund Act, Cine-workers and Cinema Theatre workers (Regulation of Employment) Act. 1995 – Cable Television Networks (Regulation) Act
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TRIPS stipulates standardization of IPRs across countries to ensure minimum standards
Patents Copyrights and related rights Trademarks Geographic indications Trade secrets Layout-designs (Topographies) of Integrated Circuits (Semiconductor Mask Works) Industrial Designs The Uruguay Round ( ) negotiations led to the inclusion of Trade-Related Investment Measures (TRIMS), Trade-Related Intellectual Property Rights (TRIPS) and services
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The classic North-South divide in innovation
Developed economies Source of technology and innovation Demand for better IPRs to ensure ROI on R&D investments Emerging economies Acquire technology through transfers or imitation IPR protection to foster growth
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What role do intellectual property rights play in promoting innovation and therefore driving growth in the knowledge economy?
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Structure of our analysis
Innovation - the amalgamation of new ventures with creative insights that leads to generation of social and economic value. Level of innovation is quantified as the number of IPRs registered by a specific nation/state. Study the various factors that drive innovation in the economy and their role in driving innovation
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Extensive data collation
Total number of patent application/granted Macro-economic variables (GDP, growth, FDI,…) IT and Infrastructure variables Policy/Business metrics 133 countries 123 years
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Changing world order in Innovation
1980 1990 2000 2010 2014 China 0% 1% 4% 20% 35% United States of America 13% 17% 22% 25% Japan 23% 37% 30% 12% Republic of Korea 3% 7% 9% 8% Germany 6% 5% 2% India Russian Federation Canada Brazil Australia
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FDI and growth show no clear relationship with Innovation
Patents vs. GDP Growth% Patents vs. FDI
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Innovation is related to higher incomes
Correlation between pc income and patents increased from 10% to 44% over the last 26 years Direction of causality unclear Patents vs. Per Capita GDP
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Innovation becomes a self sustaining habit
Legacy is the strongest factor
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Summary of Findings… Innovation does not depend on growth percentages but does tend to be focused in hubs There is a clear relationship between wealth and innovation; but no clear direction of causality… Openness of an economy and a legacy key to putting the economy on a path to higher innovativeness
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Corroborating the findings on Innovation within India
Controller General of Patents, Designs, Trade Marks and Registrar of Geographical Indications
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India in the positive spiral of innovation
India improves score – 7.23 from 6.95 Increased IPR protection translates to higher firm level R & D spending The Copyright software protection a step forward Make in India: IP an important component and so says the PM
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Lots to do on IP to foster Innovation
Software product patents, no clarity. Copyrights implementation is poor, with delays in the legal process Patenting is complicated – not just novelty, usefulness and non obviousness but also Inventive step and Capable of industrial application
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Discussions…
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