CURRENT AFFAIRS | MARCH 2026
Prelims: Copyright Act 1957, Patents Act 1970/2005, GI Act 1999, Article 19(1)(g), TRIPS Agreement
Mains: GS Paper II (Governance), GS Paper III (Intellectual Property, Economic Development)
Judicial Services Relevance: IP law framework, Article 19(1)(g) and 19(6), fair dealing under Section 52, Tribunals Reforms Act 2021 abolishing IPAB
Introduction: What is the Orange Economy?
The “Orange Economy” — a term popularised by the Inter-American Development Bank — refers to the set of activities that transform ideas into cultural goods and services whose value is determined by intellectual property. It encompasses sectors ranging from traditional arts and crafts to film, music, publishing, software, gaming, design, and digital content creation. Budget 2026-27 has identified this sector as a significant growth driver, proposing the Creative India Mission to boost India’s creative industries.
For judicial services aspirants, the orange economy intersects critically with intellectual property law, the fundamental right to practise any profession under Article 19(1)(g), and the evolving jurisprudence on digital rights and creative freedoms.
Constitutional Foundation: Article 19(1)(g)
Article 19(1)(g) guarantees every citizen the right to practise any profession or carry on any occupation, trade, or business. This right is subject to reasonable restrictions under Article 19(6) in the interests of the general public, including professional qualifications and state monopoly provisions.
The creative economy operates within this constitutional guarantee. Artists, filmmakers, musicians, software developers, and digital content creators exercise their right under Article 19(1)(g) when they engage in creative professions. The State’s regulatory framework — through IP laws, licensing requirements, and content regulations — must satisfy the test of “reasonable restrictions” under Article 19(6).
Intellectual Property Framework
Copyright Act 1957
The Copyright Act 1957 is the cornerstone of creative economy protection. Key provisions relevant to the orange economy include:
- Section 14: Definition of copyright — reproduction, adaptation, translation, communication to the public
- Section 17: First ownership of copyright — generally vests in the author
- Section 22: Term of copyright — author’s lifetime plus 60 years
- Section 52: Fair dealing exceptions — research, private study, criticism, review, reporting of current events
- Section 57: Author’s moral rights — right of paternity and integrity, independent of economic rights
Patents Act 1970 and TRIPS Compliance
The Patents (Amendment) Act 2005 brought Indian patent law into compliance with TRIPS obligations by introducing product patents for pharmaceuticals and food products. For the creative economy, patent protection is relevant for technological innovations in areas like animation software, gaming engines, and digital platforms. Section 3(k), which excludes computer programmes per se from patentability, has been a subject of judicial interpretation affecting the tech-creative sector.
GI Act 1999
The Geographical Indications of Goods (Registration and Protection) Act 1999 protects India’s traditional creative expressions — from Banarasi sarees to Madhubani paintings to Darjeeling tea. GI protection preserves the economic rights of artisan communities whose traditional knowledge constitutes a significant portion of India’s orange economy.
Budget 2026-27: Creative India Mission
The Budget proposed several initiatives to boost the creative economy:
- Creative India Mission: Dedicated institutional support for handicrafts, music, film, digital content, and design industries
- National Centre for Creative Industries: Hub for research, incubation, and market linkages
- Tax incentives: Enhanced deductions for investments in creative startups and cultural enterprises
- Digital infrastructure: Support for animation, visual effects, gaming, and comic (AVGC) sector
Tribunals Reforms Act 2021: Abolition of IPAB
The Tribunals Reforms Act 2021 abolished the Intellectual Property Appellate Board (IPAB), transferring its functions to High Courts. This is a significant development for judicial services aspirants as IP disputes now fall squarely within the High Court’s jurisdiction, increasing the judiciary’s role in creative economy governance.
The abolition of IPAB means that copyright board functions now vest in the Commercial Courts at the District level and High Courts at the appellate level. Patent appeals go to the Delhi High Court. This restructuring enhances judicial oversight of the IP regime and requires judges to have substantive knowledge of IP law — a reason this topic is increasingly tested in judicial services examinations.
Digital Economy and New Challenges
The digital transformation of creative industries raises new legal questions around algorithmic content curation and creator rights, AI-generated content and copyright ownership, platform liability under the IT Act 2000 and IT Rules 2021, and cross-border enforcement of IP rights in the digital domain. The judiciary will increasingly be called upon to balance innovation with creator protection in this rapidly evolving landscape.
Conclusion
The orange economy represents a frontier where constitutional rights, intellectual property law, economic policy, and technological innovation converge. Budget 2026-27’s Creative India Mission signals the government’s recognition of this sector’s potential. For judicial services aspirants, understanding the IP framework — Copyright Act, Patents Act, GI Act — and its constitutional moorings in Article 19(1)(g) is essential, particularly given the judiciary’s enhanced role following the abolition of IPAB.
Source: UPSC Essentials, The Indian Express — March 2026
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