(WIPO code: IN) (last revised December 2022)

by REMFRY & SAGAR, Attorneys-at-Law, Gurgaon, New Delhi National Capital Region

General Information


3,287,000 sq. km.


1,407,563,842 (estimated December 2022).


New Delhi with about 32 million inhabitants (estimated 2021).

Official Languages

23 languages including Hindi (official) and English (associate official).


Indian rupee.


123,542 km of open routes.


(approx.) 6,215,797 km.

General Remarks

Since independence in 1947, India has made remarkable progress. From a basically agricultural country, it is now a substantially developed country with a broad based industrial infrastructure and is now actively participating in providing technical know-how to the lesser-developed countries. The country has excelled in information technology and information technology enabled services industry. India has been ranked amongst the top 3 attractive destinations for inbound investments. Since 1991, the regulatory environment in terms of foreign investment has been consistently eased to make it investor-friendly. The Indian government has taken several initiatives to create a conducive environment for the protection of intellectual property rights by bringing about changes at legislative and policy level. Specific focus has been placed on improved service delivery by upgrading infrastructure, building capacity and using state-of-the-art technology in the functioning of Intellectual Property Offices in the country.

The Office of the CGPDTM took several initiatives during the year 2020 to further promote bilateral as well as multilateral cooperation on IP at international level.

As demonstrated above, profound initiatives taken by the Office of the CGPDTM have shown a remarkable improvement in the numbers achieved. Continuing at this pace, the dream of having an efficient IP Ecosystem, augmenting the industrial growth in the country, is not far from being accomplished.

Interestingly, the ongoing COVID-19 pandemic did not affect the functioning of the IP Office since the same was digitized well before. Online filings continued so did examination. Although the economy was disrupted to some extent, especially in certain sectors such as hospitality, aviation, tourism etc., things are gradually back to normal.

As of March 2022, more than 225,000 trademark opposition cases were pending before the five Trade Marks Offices in India. Among these pending matters, a large number awaited appointment of hearings. When the High Court of Delhi was apprised of the issue of pendency in March this year, it directed the Office of the Controller General of Patents and Trademarks ("Trade Marks Office") to table a proposal on resolving the backlog - putting on record year wise details of all pending opposition matters including their stage of pendency. An affidavit submitted by the Trade Marks Office on May 10, 2022, revealed inadequate manpower as the chief reason for all delays. To fix this issue, the Trades Mark Office informed the court that recruitment of 30 Hearing Officers (on contract basis) had already been sanctioned and that it expected to have a total strength of 59 Hearing Officers on its rolls by the end of 2022. Further targets included recruitment and promotion of Assistant Registrars as well as a mediation and settlement drive for quicker disposal of pending matters. The recruitment and training process of the 30 new hearing officers is now complete and appointment of hearings in contested opposition cases is picking up pace. Old matters are being taken up first, on merits as well as technical issues.

India celebrated 75 years of independence on August 15, 2022 and as part of the commemorations, the Government has launched an initiative called "Azadi Ka Amrit Mahotsav" (Sweet Festival of Freedom). Under the Mahotsav, the five Trade Marks Offices in India will run a special drive for disposal of IP disputes. Specifically, disposal of pending trademark opposition and rectification cases is being targeted by encouraging parties to settle matters amicably or through utilisation of various alternative dispute resolution mechanisms. Further, parties who have already settled their disputes amicably are being invited to intimate the Trade Marks Office about the same. Settled matters where orders are pending can also to be brought to the Trade Marks Office's attention for appropriate action and formal closure.

In June 2022, the Indian Government had proposed changes to the Information Technology Rules - these took effect on October 28, 2022 post the notification of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2021. A major change will be the formulation of a Grievance Appellate Committee ("GAC") by the Government within three months of notification of the said Amendment. The GAC will deal with appeals filed against decisions issued by grievance officers of social media intermediaries and is expected to settle oft-ignored user grievances against decisions on user content by the latter. The GAC will consist of a chairperson and two full-time members appointed by the Central Government, of which one will be an ex officio member and two will be independent members.