The Saga of IP Indices : Global Intellectual Property Index

In past, I’ve extensively blogged about the varied IP indices. (See here, here, here and here). Alas, this saga is an endless one.

Latest entrant to the list is the law firm Taylor Wessing’s Global Intellectual Property Index (GIPI). (Not to be confused with GIPC’s International IP Index).  GIPI’s 5th Edition was released on June 14th, 2016. It assess IP regimes of 43 important jurisdictions around the world.

What is the GIPI?

Released in 2008 by Taylor Wessing, the GIPI (the Index) comprehensively assess IP regimes of important jurisdictions around the world. Barring the traditional IP rights (patents, copyright and trademark), it also measures design and data protection regimes of important international jurisdictions.

The Index is the culmination of statistical analysis based on a worldwide survey of international IP owners and users which are weighted against data from objective sources (called the instrumental factors). These instrumental factors are published empirical data on wide ranging indices such as the number of patent and trademark filings, grants, R & D expenditure and the origin of counterfeits seized by customs etc. (For more on the methodology, see here – page number 11, 12 & 90).

Patents and trademarks are gauged on the basis of the following sub – indices, (i) Obtaining (ii) Exploitation (iii) Enforcement (iv) Cost – Effectiveness (v) Attacking. For copyright and design protection all the sub- indices are the same except obtaining.

The criteria for measuring data protection regime is (i) Fairness (ii) Enforcement and (iii) Compliance Cost.

The first Index was released in 2008 followed by the next one in 2009. Commencing 2009 onwards, it has been released every alternate year. The first Index covered the traditional IP rights (patents, copyright and trademark) and spanned 22 jurisdictions. Since then, the ambit of the Index has widened, both in terms of IP rights and jurisdictions. (See here for year wise reports).

 India and the GIPI :

Since the release of the Index in 2008 until 2015, India has been in the lowest tier (either tier 4 or tier 5 depending on the number of countries). For the benefit of readers, I’ve complied India’s year – wise rankings under the Index. Apart from according an overall rank, the Index also compares jurisdictions based on each  IP right.

 Year 2008 2009 2011 2013 2015
Overall Rank  19/22  23/24  24/24  36/36 40/43
Copyright  19/22  22/24  23/24  35/36  37/43
Trademark  20/22  23/24  24/24  35/36  42/43
Patent  19/22  22/24  4/24  35/36  33/43
Design  N/A  20/24  23/24  35/36  36/43
Data Protection  N/A  N/A*  8/24**  1/36  14/43

*Instead of data protection, domain name protection rank was accorded wherein India was ranked 22nd.

**Instead of data protection, personal data rank was accorded. 

 European countries have consistently made their way to the top spot with UK hitting a hat-trick of sorts.  It topped the list in 2008, 2009 and 2013. Germany and Netherlands were ranked first in 2011 and 2015 respectively. While Asia’s two giants , India and China have faced similar fates under the Index. Both have been ranked last twice (China in 2008 and 2009 and India in 2011 and 2013). In 2013, the Index ranked Nigeria to the lowest spot.

In my next post, I’ll contrast India’s ranking under the GIPI and other IP indices.

 

About Seemantani Sharma (My views are my own and they should be yours too)

International IP lawyer with interdisciplinary research interests in international copyright law, the global politics of intellectual property, copyright law, international law and international relations.
This entry was posted in Contemporary Legal Issues, Global Politics of IP, IP & Innovation Policy. Bookmark the permalink.

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