{"id":483,"date":"2020-12-18T07:17:34","date_gmt":"2020-12-18T07:17:34","guid":{"rendered":"http:\/\/takhte.in\/VoiceofViews\/?p=483"},"modified":"2020-12-19T05:47:11","modified_gmt":"2020-12-19T05:47:11","slug":"compliances-relating-to-the-commercialization-of-electronic-devices","status":"publish","type":"post","link":"https:\/\/takhte.in\/VoiceofViews\/compliances-relating-to-the-commercialization-of-electronic-devices\/","title":{"rendered":"Compliances Relating to the Commercialization of Electronic Devices"},"content":{"rendered":"\n<p><em>Nishtha Kheria<\/em><\/p>\n\n\n\n<p><em>Amity Law School, Amity University Noida, Uttar Pradesh<\/em><\/p>\n\n\n\n<p>In the contemporary world, the electronics sector is considered to be the most essential sector in the economy of India as well as the most globalized industry in the entire world. In India, approximately the demand for electronics in the year 2020 is about USD400 billion. It is necessary to form an R&amp;D program in the field of electronics through which the technology can get developed and the intellectual property (IP) content of product design, and development can come to an increase<a href=\"#_ftn1\"><sup>[1]<\/sup><\/a>.<\/p>\n\n\n\n<p>The government of India, as well as the industries are working hard to find solutions for the needs and challenges faced by society. The main initiatives which are taken by the R&amp;D are the national mission on power electronics technology (NAMPET), the intelligent transportation system (ITS), the automation systems technology center (ASTEC), etc.<a href=\"#_ftn2\"><sup>[2]<\/sup><\/a><\/p>\n\n\n\n<p><strong>The intellectual property policies which affect the industry of electronic devices:<\/strong><\/p>\n\n\n\n<p>India has witnessed a huge evolution in the electronic devices like from actually adjusting the antennas of the television to carrying the entire world in our pockets through the use of mobile phones.<a href=\"#_ftn3\"><sup>[3]<\/sup><\/a> Everyday new gadget is being introduced in the lives of consumers because of which now the stakeholders pertaining to the industries are losing their sight to the intellectual property in the country. The policy of the IP in any particular country mostly describes the basis of any industry. If we talk about the pharma industry in India, then it is appropriately settled.&nbsp;<\/p>\n\n\n\n<p>In 2016 the government of India had introduced the National IPR policy which further laid down a massive number of deliverables which included the IPR capacity building, through the introduction of new incentives the innovation increased which in turn helped in the strengthening of the IPR through the commercialization<a href=\"#_ftn4\"><sup>[4]<\/sup><\/a>.&nbsp;<\/p>\n\n\n\n<p>Commercialization is attempts made by a firm so that the firm can gain profits from the innovations and are successful in including the latest technology into good products or services which can be bought by the consumers<a href=\"#_ftn5\"><sup>[5]<\/sup><\/a>.<\/p>\n\n\n\n<p><strong>The main factors through which the commercialization can be done are that the firm must be able to:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Finance the latest technology into new ventures<\/li><li>They can hire and train the managers, engineers, and workers in production<\/li><li>Protect their innovations from the impressionist<\/li><li>Have access to the complementary skills through which they can make their innovation useful to others<\/li><li>Their product gets accepted in the market<\/li><\/ul>\n\n\n\n<p><strong>Through the use of these standards, the regulatory bodies and the collaborations enable the firms to commercialize their innovations or technologies<\/strong><a href=\"#_ftn6\"><sup>[6]<\/sup><\/a><strong>.<\/strong><\/p>\n\n\n\n<p><strong>The recent incentives are taken:<\/strong><\/p>\n\n\n\n<p><strong>There are various incentives taken recently for the growth of the electronics industry in India<\/strong><strong>:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li><strong>Make in India:<\/strong> The government of India introduced this scheme in which it cleared approximately 74 investment proposals recently which were about INR 173 billion and were related to the electronics manufacturing sector. Through this, the investments increased and formed the make in India campaign.<\/li><li><strong>Smart cities:<\/strong> The union ministry of urban development implemented the smart cities&#8217; mission in collaboration with the state governments of the cities.<\/li><li><strong>Digital India:<\/strong> This program was introduced with the vision of the transformation of India into a digitally empowered society and a knowledge-based economy.<\/li><li><strong>National knowledge network:<\/strong> This program was introduced to connect the knowledge institutions throughout the country with the help of a high-speed data communication network so that the citizens of India are enabled to share the resources<a href=\"#_ftn7\"><sup>[7]<\/sup><\/a>.<\/li><\/ul>\n\n\n\n<p><strong>The various government incentives are:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li><strong>FDI Policy:<\/strong> This policy was introduced that if there is a need of electronics in the defense then the FDI will be permitted up to 49% which will happen under the route of the government approval and if it is above 49% then it will take place through the approval of the cabinet committee of security.<\/li><li><strong>The national policy on electronics (NPE):<\/strong> The NPE was formed with the vision of attracting the investments of the USD 100 billion and in turn generating the scope of employment for about 28 million people in the country working at different levels. It facilitates the development of the core competencies in the sectors such as automobiles, railways, telecommunication, etc.<\/li><\/ul>\n\n\n\n<ul class=\"wp-block-list\"><li><strong>Export incentives (Merchandise exports from India scheme (MEIS):<\/strong> This scheme was introduced by the government to increase the exports of India and make the country a bigger player globally. This scheme was extended to a large number of products which includes electronics which helps in the increase of the exports in India.<\/li><li><strong>Electronic development funds (EDF):<\/strong> This scheme was introduced for the promotion of the innovation, intellectual property, and R&amp;D and the commercialization of the products, etc.&nbsp;<\/li><li><strong>Area-based incentives:<\/strong> These were formed to comply with the electronic goods with the standards of India in the aspects of both the testing as well as the certifications which are essential for the exports.<\/li><li><strong>State incentives:<\/strong> There are various states which have even formed their policies in the field of electronics such as Maharashtra, Tamil Nadu, Gujarat, Uttar Pradesh, etc.<\/li><li><strong>Safety standards:<\/strong> This scheme mandated the compulsory registration scheme of the department of consumer affairs of the fifteen categories of electronic items so that they can comply with the Indian safety standards.<\/li><\/ul>\n\n\n\n<p><strong>The protection of Intellectual property in the industry of consumer electronics:<\/strong><\/p>\n\n\n\n<p>The IP laws are protected in law which includes patents, copyrights, and trademarks. Through these laws, the people are provided with the right to earn the recognition or receive a financial benefit from the product they invent<a href=\"#_ftn8\"><sup>[8]<\/sup><\/a>.&nbsp;<\/p>\n\n\n\n<p>The patents and industrial designs have huge recognition in the consumer electronics industry. It can be observed that the new high tech technologies introduced day by day become obsolete soon because of which the companies which are present in the electrical industry will invest millions of amount in the research and development so that they can meet the huge demand which is there for the latest technology and are successful in bringing the cutting edge products for the consumers<a href=\"#_ftn9\"><sup>[9]<\/sup><\/a>.&nbsp;<\/p>\n\n\n\n<p>There is a huge consequence if a patent gets leaked which can be very devastating. The most common example could be between Apple and Samsung where there is a lawsuit among them about Smartphones and tablets design.<\/p>\n\n\n\n<p>There are investors which are particularly interested in the obtaining of the patent and not for making the patent into a marketable product. But there are some of the devil investors which try to copy the invention of the other person and then try to make profits<a href=\"#_ftn10\"><sup>[10]<\/sup><\/a>.&nbsp;<\/p>\n\n\n\n<p>There is a huge effect of non-commercialization of the patents which is for in particular the valuable as well as the complicated inventions. Because if a person gets a patent still there is no guarantee that they will get success.&nbsp;<\/p>\n\n\n\n<p><strong>There are various challenges which are faced while the commercialization of the electronic devices which are as follows<\/strong><a href=\"#_ftn11\"><sup>[11]<\/sup><\/a><strong>:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li><strong>The scattered and small market size:<\/strong> This is a huge challenge for commercialization because the market size is really small particularly for the electronic devices and it can take a huge time to make the market developed.<\/li><li><strong>Formation of the supply chain:<\/strong> For the innovations, it is really difficult to form a supply chain because the product formed is new for both the suppliers and the consumers. and it is tough to find the right supplier for the product.<\/li><li><strong>Technology validation and certification:<\/strong> The major challenge faced for the commercialization of the product in the making of the new technology validated and gaining a certificate. If a technology wants a certificate then there is a need for the product to work properly and efficiently and should even be safe to use.<\/li><li><strong>Non-availability of the adequate infrastructure: <\/strong>Most of the electronic devices are not able to be commercialized because there is no proper infrastructure available to support the technology.<\/li><li><strong>After-sale services:<\/strong> It has been identified that the sale of the product is much easier than actually maintaining the product after it is sold. Therefore, this is a vital step while the commercialization of the technology.<\/li><\/ul>\n\n\n\n<p><strong>There are several challenges which evolve around the IP in the digital economy<\/strong><a href=\"#_ftn12\"><sup>[12]<\/sup><\/a><strong>:<\/strong><\/p>\n\n\n\n<ul class=\"wp-block-list\"><li><strong>The protection and exploitation of the value of the data:<\/strong> There is a huge amount of data that is stored in the companies which include the data of the product sale, costumer record, and various commercially sensitive items such as electronic devices in the company. There is a risk related to IP which includes the breaches of cybersecurity.<\/li><li><strong>Moving to the portfolio-based IP:<\/strong> The companies must know that what procedure they should follow to develop a large and the strategically driven IP portfolios so that they can cover various emerging and the converging of technologies.<\/li><li><strong>The in-licensing and the out-licensing (needs and opportunities):<\/strong> The companies must understand how to acquire the usage rights from the IP owners. They need to sign an in-licensing contract so that they can achieve compliance before the launch of their product and there are no infringements caused.<\/li><li><strong>Understanding the true cost of the free software:<\/strong> A large number of consulting companies have been developed to provide compliance services to the companies which are utilizing the open-source software for substantial fees.<\/li><li><strong>Managing of trade secrets:<\/strong> The firms are required to identify and separately treat, protect as well as enforce their most important data from the generic data<a href=\"#_ftn13\"><sup>[13]<\/sup><\/a>.<\/li><\/ul>\n\n\n\n<p>Through this research paper, we can conclude that due to the factors which are mentioned above there is a difficulty in the commercialization of the electronic devices in India which even include various market-related issues. Such issues can be solved through the formation of strategies such as the proper access or the awareness about the IP laws and the IP management through which the electronic devices can be commercialized successfully.<\/p>\n\n\n\n<p>There is a need for the formation of a proper IP strategy which will perfectly align with the objectives of the business and the structure of the organization. This will only be successful if there is a consolidation in the existing IP management because it is scattered. The organizations even need to form their integrated IP strategy which should be different from the traditional IP strategy. Therefore, through these strategies, the commercialization of the electronic devices can be successfully implemented in the markets of India.<\/p>\n\n\n\n<p><strong><em>\u201cRisk of patent infringement is relative, often wrapped and presented in absolute terms\u201d<\/em><\/strong>\u2015 Kalyan C. Kankanala<a href=\"#_ftn14\"><sup>[14]<\/sup><\/a><strong><em><\/em><\/strong><\/p>\n\n\n\n<p><strong>References<\/strong><sup><\/sup><\/p>\n\n\n\n<p>BEERS, B. (Sep 14, 2018). <em>Investopedia<\/em>. Retrieved from https:\/\/www.investopedia.com\/ask\/answers\/042915\/what-extent-does-government-regulation-impact-electronics-sector.asp<\/p>\n\n\n\n<p>Congress, U. (September 1995). Innovation and Commercialization of Emerging Technologies. <em>Office of Technology Assessment (Washington, DC:U.S. Government Printing Office)<\/em>, 1-102.<\/p>\n\n\n\n<p>Deepti Ahuja, A. S. (June 2017). Electronic Industry in India . <em>Skygroup <\/em>, 1-28. Retrieved from skpgroup.com<\/p>\n\n\n\n<p>DPS Parmar, L. (September 24,2019). Lexorbis ( Intellectual Property Attorneys). <em>India Business Law Journal<\/em>, 1-2. Retrieved from https:\/\/www.lexorbis.com\/commercializing-patents-methods-and-challenges\/#:~:text=The%20commercial%20exploitation%20of%20a,in%20any%20patent%20law%20jurisdiction.&amp;text=It%20also%20serves%20as%20a,for%20commercialization%20of%20an%20invention<\/p>\n\n\n\n<p>Garg, J. B. (13 December 2007). India: Patent Law in India. <em>Mondaq ( Connecting Knowledge &amp; People)<\/em>, 1-4.<\/p>\n\n\n\n<p>Kumar, S. A. (n.d.). <em>Ministry of Electronics &amp; Information Technology <\/em>. Retrieved from https:\/\/www.meity.gov.in\/content\/r-d-electronics<\/p>\n\n\n\n<p>Pandurangi, A. (21 September 2017). India: Intellectual Property (IP) Policy In India Affecting The Appliances And Consumer Electronics (ACE) Industry. <em>Mondaq (Connecting knowledge &amp; People)<\/em>, 1-3.<\/p>\n\n\n\n<hr class=\"wp-block-separator\"\/>\n\n\n\n<p><a href=\"#_ftnref1\">[1]<\/a>Aggarwal, Raj, &#8220;Business strategies for multinational intellectual property protection&#8221;,&nbsp;<em>Thunderbird International Business Review<\/em>541\u2013551,(November 1, 2010)<\/p>\n\n\n\n<p><a href=\"#_ftnref2\">[2]<\/a> Al Natsheh, A., Gbadegeshin, S. A., Rimpil\u00e4inen, A., ImamovicTokalic, I., &amp; Zambrano, A., Building a Sustainable Start-Up? Factors to Be Considered During the Technology Commercialization Process. Forthcoming in the Journal of Advanced Research in Entrepreneurship and New Venture Creation, Asers,2015. http:\/\/www.asers.eu\/journals\/jare_nvc.html<\/p>\n\n\n\n<p><a href=\"#_ftnref3\">[3]<\/a> Bulsara, H. P., Gandhi, S., &amp;Porey, P.D. , Commercialization of Technology Innovations and Patents: Issues and Challenges. Asia Pacific Tech Monitor, 27(6): 12\u201318,2010<\/p>\n\n\n\n<p><a href=\"#_ftnref4\">[4]<\/a> Chiesa, V., &amp; Frattini, F, Commercializing Technological Innovation: Learning from Failures in High-Tech Markets. Product Development &amp; Management Association, 28(4): 437\u2013454. (Last visited on 2011.) http:\/\/dx.doi.org\/10.1111\/j.1540-5885.2011.00818.x<\/p>\n\n\n\n<p><a href=\"#_ftnref5\">[5]<\/a> Kalaitzandonakes, N. G., Commercialization of Research and Technology. Washington, D.C.: U.S. Agency for International Development, 1997<\/p>\n\n\n\n<p><a href=\"#_ftnref6\">[6]<\/a> Michael, N. T. Commercializing Technology: What the Best Companies Do. Planning Review, 18(6): 20\u201324, (Last visited on 1990), Available at http:\/\/dx.doi.org\/10.1108\/eb054310<\/p>\n\n\n\n<p><a href=\"#_ftnref7\">[7]<\/a> Parker, K., &amp;Mainelli, M., Great Mistakes in Technology Commercialization. Strategic Change, 10(7): 383\u2013390. (Last visited on 2011), Available at http:\/\/dx.doi.org\/10.1002\/jsc.560<\/p>\n\n\n\n<p><a href=\"#_ftnref8\">[8]<\/a> Pellikka, J., &amp;Malinen, P., Developing Commercialisation of Innovation in High Technology Industries \u2013 Regional Perspective. Paper presented at the 56th International Council for Small Business (ICSB) in Stockholm, Sweden, (Last Visited on June 15\u201318, 2011).<\/p>\n\n\n\n<p><a href=\"#_ftnref9\">[9]<\/a> Tanev, S., &amp; Frederiksen, M. H., Generative Innovation Practices, Customer Creativity, and the Adoption of New Technology Products. Technology Innovation Management Review, 4(2): 5\u201310, (Last Visited on 2014), Available at http:\/\/timreview.ca\/article\/763<\/p>\n\n\n\n<p><a href=\"#_ftnref10\">[10]<\/a> Al Natsheh, A., Gbadegeshin, S. A., Rimpil\u00e4inen, A., Imamovic-Tokalic I., &amp; Zambrano, A., Identifying the Challenges in Commercializing High Technology: A Case Study of Quantum Key Distribution Technology. Technology Innovation Management Review, 5(1): 26\u201336, (Last Visited on 2015), Available at http:\/\/timreview.ca\/article\/864<\/p>\n\n\n\n<p><a href=\"#_ftnref11\">[11]<\/a> Loo, Yueh-Lin &amp; McCulloch, Iain., Progress and Challenges in Commercialization of Organic Electronics. MRS Bulletin. (Last Visited on 2008).<\/p>\n\n\n\n<h6 class=\"wp-block-heading\"><a href=\"#_ftnref12\">[12]<\/a>Dr. Frank Tietze, Intellectual property challenges for the digital economy, University of Cambridge (IFM), (Last visited on 2020), available at https:\/\/www.ifm.eng.cam.ac.uk\/insights\/innovation-and-ip-management\/intellectual-property-challenges-for-the-digital-economy\/<\/h6>\n\n\n\n<h6 class=\"wp-block-heading\"><a href=\"#_ftnref13\">[13]<\/a> T. Michael Nevens,&nbsp;Gregory L. Summe&nbsp;and Bro Uttal, Commercializing Technology:&nbsp;What the Best Companies Do, Harvard Business Review, (Last Accessed 1990), available at https:\/\/hbr.org\/1990\/05\/commercializing-technology-what-the-best-companies-do<\/h6>\n\n\n\n<p><a href=\"#_ftnref14\">[14]<\/a> Kalyan C. Kankanala, Quotes, goodreads, (Last Accessed on Dec,2017), available at https:\/\/www.goodreads.com\/author\/quotes\/6758757.Kalyan_C_Kankanala?page=3<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Nishtha Kheria Amity Law School, Amity University Noida, Uttar Pradesh In the contemporary world, the electronics sector is considered to be the most essential sector in the economy of India as well as the most globalized industry in the entire world. In India, approximately the demand for electronics in the year 2020 is about USD400 [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":491,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[176],"tags":[234,236,235,192,233,191],"class_list":["post-483","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legal-talks","tag-amity-law-school","tag-devices","tag-electronic","tag-free-online-publishing-platform","tag-nishtha-kheria","tag-vov-writer"],"_links":{"self":[{"href":"https:\/\/takhte.in\/VoiceofViews\/wp-json\/wp\/v2\/posts\/483","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/takhte.in\/VoiceofViews\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/takhte.in\/VoiceofViews\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/takhte.in\/VoiceofViews\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/takhte.in\/VoiceofViews\/wp-json\/wp\/v2\/comments?post=483"}],"version-history":[{"count":1,"href":"https:\/\/takhte.in\/VoiceofViews\/wp-json\/wp\/v2\/posts\/483\/revisions"}],"predecessor-version":[{"id":492,"href":"https:\/\/takhte.in\/VoiceofViews\/wp-json\/wp\/v2\/posts\/483\/revisions\/492"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/takhte.in\/VoiceofViews\/wp-json\/wp\/v2\/media\/491"}],"wp:attachment":[{"href":"https:\/\/takhte.in\/VoiceofViews\/wp-json\/wp\/v2\/media?parent=483"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/takhte.in\/VoiceofViews\/wp-json\/wp\/v2\/categories?post=483"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/takhte.in\/VoiceofViews\/wp-json\/wp\/v2\/tags?post=483"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}