Abstract

Electric Cars Patent trends in India

-D Chanikya &
G. Samarasimha Reddy

Every generation in passing timeline come out with an innovation of design and ideas. That new
creation sets a trend in population of country. After that it influence on others foreign states,
because every individual wants to try something new and try to be unique. Then it happens
research and development, when a product is invented, the creator has exclusive monopoly rights
for allowing use of the innovation in open market. Patent law is very important as it promotes
innovation of technology. It encourages research and development by protecting the rights of the
innovators. Law is dynamic it keeps on changing by arrival of new problem. On the name of
sustainable development green technology was introduced by many countries. To control the
carbon emissions in environment every government welcomed the patents for electric vehicles.
Including all kinds of facilities Air-conditioner, music, Autopilot., etc. When it comes to new
trend called autopilot mode who is liable for accident if any occurred. When a driver activates
autopilot mode and consuming alcohol is he/she liable for drunk and drive offence. Going
through our existing laws there is vicarious liability if driver and owner were in car while driving
doing any misconduct. But here in autopilot mode didn’t has presence of driver who is liable
manufacturer, software designer, patent or car owner. To solve this kind of issues certain steps
taken by various countries. This paper deals with liability of offence using artificial intelligence,
how patent rights should be framed by interpreting existing law and implementation of new law.
 INTRODUCTION

Automotive industry is rising pollution and high fuel rate, fuel prices in India are becoming
expensive over Rs 100 per liter in many states. to reduce investment of money in high fuel prices
and High ICE Vehicle Maintenance costs, the only solution is electric vehicles. EVs are cost-
effective, emit zero carbon emissions, and require no high-paying maintenance. By increasing
the use of EV in India, it can reduce imports costs of crude oil.
Design is the most attractive feature of a car and becomes a distinguishing feature from other
cars in the market. It can thus act as a trademark through which consumers can identify its origin.
According to the Designs Act, 2002, when a design is registered, the proprietor has copyright in
it for 10 years from the date of registration. If the design is unregistered, one can still claim
copyright in that design.
In case of Microfibers Inc. v. Girdhar and Co. (2009) where it was held that if the design is an
‘original work of art’, capable of protection under the Copyright Act, there is no requirement of
registration in claiming copyright. With the growth in electrification of vehicles, investing in
making new and innovative designs can be very expensive, and registering the design would help
in safeguarding the same.
To implement any design of any vehicle the automobile industry has its complete authority to
look up on the matter of execution of a product in an open market.it need to take care by
analyzing the input and output of a product. So, it is relevant to understand the complete system
and make sure everything working well because it could show the impact on the society.

ACCIDENTS THAT CAUSE BY ELECTRIC CARS WHICH ARE IN AUTO PILOT

MODE
Driver-assistant systems – a preliminary technology on the road to fully autonomous driving –
have proved a major draw in China where a growing number of motorists are opting to buy
intelligent EVs built by the likes of Tesla and NIO.
But concerns over their safety have arisen following several accidents involving the use of the
technology. Consumers are not fully aware of the risks of autonomous driving, and it is
extremely risky to over-rely on autonomous driving when the technology is not mature enough.
The car companies are responsible for telling the consumers that autonomous driving has not
replaced manual driving and the driver should be able to take over control of the car at any time.
a driver-assistance system uses algorithms to analyze traffic data collected in real time by on-
board sensors. “Environment detection” sensors can help a vehicle decide whether to pass a
slow-moving car, but it still requires human intervention.
This type of automation is classified as level 2 (L2), according to a classification system
published by the standardization body SAE International. Full automation, without the need for
any human intervention, is L5. in some cases, driver assistant technologies malfunctioned and
caused the crashes, but some bold drivers were to blame for the accidents because they did not
do what they had to do to avoid the crashes.
Users’ expectations for these technologies now are usually higher than the level of automation
the intelligent cars can achieve, and it puts the users at great risk. Over the past two years, driver-
assistance systems have become a major draw in China for a growing number of EV buyers.
In England law commissions recommended that legal responsibility for accidents caused by self-
driving vehicles should rest not with the person in the driver’s seat, but with the company or
body that obtained authorization for the self-driving features used by the vehicle. Even if
driverless technology does arrive, human intervention will still be necessary to service the
vehicles and prevent illegal activity

ELECTRONIC VEHICLES IN INDIA

EV segment came into focus at an accelerated pace after the government push to make India an
all-electric passenger vehicle market by 2030 through PLI and other initiatives. The automotive
sector had already begun its journey towards the future of mobility, accepted the idea of going
electric, and is rapidly evolving in terms of technology and financing a sustainable future.
Many automakers are creating separate, parallel EV businesses to contribute to the EV boom;
however, India is at a very nascent stage at multiple levels. The patent trends are significant as
they define a clearer vision of how the industry is changing from new products invented, to
research and development, up to dissemination and market development. India is trying to save
on crude oil imports more than Rs 1 lakh crore annually according to Council on energy,
Environment and water, if electric vehicles are to garner 30% share of country's new vehicle
sales by 2030.
Patents related to battery technology – The focus on, and growth of EVs has led to greater
innovation into battery technology. There is an immediate imperative for the government to push
for carbon reduction especially, vehicular emissions. Many patents have been filed related to
energy storage that is focused on improving battery technology.
Increase in electric vehicles penetration could also increase the combined market size of
powertrain, battery and public chargers to more than Rs 2 lakh crore, in addition to creating
1,20,000 new jobs in this sector. In addition, a sustainable number of new jobs are likely to be
created in emerging areas such as battery recycling, telematics and allied construction and
services.
LIABILITY OF OFFENCES WHILE DRIVING IN AUTOPILOT MODE
Drunk and Drive offence –When a driver using autopilot mode while driving and consuming the
alcohol then driver himself trying to be in trouble, in this driverless technology, human
intervention still be necessary to service the vehicles and prevent illegal activity. Even though it
can be any offence like accident, murder, trespass, suicide...etc.,
If any manufacture defect causes the instability of system in electric cars, then the manufacturer,
software designer, industry head can be liable on the certain circumstances. user-in-charge of a
self-driving vehicle would still retain responsibilities such as such as carrying insurance and
ensuring that children wear seatbelts. Where vehicles are authorized to drive themselves without
anyone in the driver seat, a licensed operator would be responsible for overseeing the journey.
The car companies are responsible for telling the consumers that autonomous driving has not
replaced manual driving and the driver should be able to take over control of the car at any time.
many companies worldwide have filed a lot of patents for manufacturing components for
electronic cars. The patent system is still adapting to these new changes, hence, there is a need as
well as scope for the further development of the patent system in India to protect the automobile
industry.

11.https://www.scmp.com/business/china-business/article/3145672/fatal-crash-involving-nios-autopilot-function-sparks-online?module=perpetual_scroll_1&pgtype=article&campaign=3145672

2.https://timesofindia.indiatimes.com/blogs/voices/patenting-in-india-and-evs/
RELEVANCE OF ELECTRIC VEHICLES IN INDIA.
There is a need to incorporate stricter IP laws in order to make the market conducive to the
growth of innovations, knowledge, and transfer of technology not just within India but also
between India and multinational companies. Apart from this, new technologies have resulted in
automobile manufacturers working outside the industry in collaboration with software engineers
who can design software for new cars. This data is of worth and needs to be protected.
Intellectual Property is one of the most valuable assets that an automobile company owns. Since
innovation and technology are rapidly evolving, there is fierce competition among automotive
suppliers and manufacturers, and the protection and enforcement of IP will prove to be
indispensable. Long ago, automobile companies focused more on safety features such as airbags
and seatbelts. But in today’s time, much smarter inventions can be seen in vehicles, the secure
evolution of which would require a major role of IP.
The Indian EV market is moderately consolidated with the presence of major players in the
market due to cheap and readily available manpower. The startups are also expanding their
presence by raising funds from investors and tapping into new and unexplored cities. Companies
are investing a tremendous amount in R&D and launching new models to mark their presence in
the market. However, established players in the market are introducing new models to gain a
competitive edge over other players.