India

The Indian economy is transforming into a knowledge-based economy. That’s evident from the increasing number of hard IP registrations, such as patents. The Indian Government has also placed a strong emphasis on supporting the digital sector, as it sees this sector playing a main role in driving India’s growth. However, India shows a moderate preparedness to respond to the threat of cyber-enabled IP theft.

ASPI assesses
India
to be
Highly vulnerable
to state-sponsored acts of cyber-enabled theft of IP.

Author

Dr Teesta Prakash and Urmika Deb

Key Facts

R&D Investments

USD $15.2 billion (2021)

Patent Applications

30,073 (2022)

Cybersecurity Agency

No stand-alone agency
How at risk is
India

India’s strong knowledge economy, characterised by a high volume of IP production and major government initiatives to foster innovation, places it at major risk of cyber-enabled IP theft. The country’s large R&D investments, coupled with its rapid digital transformation, create vulnerabilities that can be exploited by state-sponsored actors seeking to steal valuable trade secrets and proprietary information.

India is a prolific producer of knowledge: 568,049 IP applications (e.g., trademarks, copyrights, patents) were filed in 2021–22. Of those applications, 30,073 patent applications were granted in 2022. Indian universities, research institutes and companies are some of the leading producers of knowledge on energy, biotechnology, advanced materials and electronics. There’s been ample support from the Indian Government to boost domestic innovation capability through initiatives such as ‘Start-Up India’, ‘Make in India’ and the Production Linked Incentive Scheme. In 2015, the Ministry of Skill Development and Entrepreneurship launched the ‘Skill India Mission’ to provide training and bridge industrial gaps. A report by Google, Bain and Temasek estimates that India’s internet economy will expand from US$175 billion in 2022 to US$1 trillion by 2030. Moreover, the growth of digital businesses and online transactions is expected to increase the digital economy’s contribution to GDP from the current 4%–5% to around 12%–13% by 2030.

India also maintains extensive scientific and economic international partnerships, some of which involve major IP-producing sectors, placing it at a higher risk of cyber-enabled IP theft. Since the end of the Cold War, India’s approach to international trade and foreign policy has transformed, influenced by economic liberalisation. Despite belonging to the BRICS arrangement, India maintains a complicated relationship with China, further undermined by the 2020 Galwan border conflict. The Indian Government has banned more than 300 Chinese apps from the Indian market after the border clashes and excluded Huawei and ZTE from India’s 5G trials, though Chinese ICT still has a very strong presence in the Indian market (80% of smartphones sold in 2022 were Chinese made). China continues to be an economically important country to India. It’s India’s second largest trading partner, and Chinese state-owned enterprises invest in many sectors in India, leading to greater access to Indian systems and processes. Bilateral trade increased by 8.4% in 2022, and India’s ballooning trade deficit demonstrates its increased dependence on Chinese products.

How prepared is
India

An annual study of industry risks by the Indian Chambers of Commerce and Industry has shown IP theft as the second highest perceived threat since 2021, just behind information and cyber insecurity and ahead of business espionage. In recent times, the government has introduced various complementary measures: IP protection was strengthened through the Information Technology Act 2000 (revised in 2008), which criminalises computer intrusions for purposes of theft, and the protection of trade secrets is included in the Contract Act 1872.

Recognising the deteriorating cyber-threat landscape, the Indian Government has identified seven critical sectors in its National Cybersecurity Strategy Framework (2023): government; transport; banking, financial services and insurance; power and energy; health care; telecommunications; and strategic and public services. Entities in those sectors are required to adhere to structured cybersecurity guidance. Those sectors protect some IP-intensive industries, but they exclude other sectors such as biotechnology and electronics. All private entities, however, are required to report cyber incidents within six hours of a data breach notification.

However, the first National Cybersecurity Policy, drafted in 2013, has never been fully implemented, and India still lacks a whole-of-government approach. A Joint Working Group on Cybersecurity was established in July 2012, and government and industry representatives were involved in coordinating cybersecurity policy. While it has produced some recommendations, it remains constrained in its ability to influence government policy as it lacks funding and a roadmap. The National Cyber Coordination Centre (under the Ministry of Electronics and Information Technology) was set up to scan India’s web traffic and identify real-time cybersecurity threats. The Indian Cybercrime Coordination Centre (under the Ministry of Home Affairs) is tasked with combating cybercrime. The National Cyber Coordinator reports to the Prime Minister’s Office on issues of national significance. The different cybersecurity schemes and competency variations among federal and state-level agencies result in poor implementation. Furthermore, while existing government agencies cover cybersecurity issues, cybersecurity powers are spread across a number of them, and there are reports of overlapping authorities and turf wars.

India seeks to also safeguard its economy and critical infrastructure through international partnerships. Delhi has signed on to numerous memorandums of understanding covering ICT and cybersecurity, such as Quad joint working group meetings and intelligence-sharing arrangements with Australia and Japan. The promotion of digital technology and cybersecurity are priorities in India’s external engagement, including in UN and G20 settings.

Reported cases of economic cyber-espionage

Name of Incident

Victims (entities)

Sectors Affected

Affected economies

Threat Actor

Alleged state sponsor

Date reported

ShadyRAT (APT1)
More than 70 companies and government entities around the world
Multiple, including government, IT, Media, Energy, Construction, Heavy Industry, Defense, Real Estate, NGO, Research
US (49 victims as of 2011), Canada (4), ROK (2), Taiwan (3), Japan (2), Switzerland (2), UK (2), Indonesia (1), Vietnam (1), Denmark (1), Singapore (1), Hong Kong (1), Germany (1), India (1)
APT1
China (suspected links with PLA Unit 71398)
2011/2013
Operation Cloud Hopper (APT10)
Customers or providers of Managed Services / Enterprise Service / Cloud Services, manufacturing companies in India, Japan and Northern Europe; a mining company in South America; and multiple IT service providers worldwide.
Computer System Design and Related Services, Telecommunications, Mining
Australia, Brazil, Canada, Finland, France, India, Japan, New Zealand, Norway, South Africa, South Korea, Switzerland, Thailand, UK
APT10
China
2017
Indian Vaccine Hacks (APT10)
Hacking attacks against Indian vaccine firms
Bharat Biotech and Serum Institute of India
Health
India
APT10/ Stone Panda
2021
Operation “PZChao” (Iron Tiger)
Technology and telecommunications, education, and government
1. Telecommunications 2. Public Administration 3. Professional, Scientific, and Technical Services
Mainly U.S. but also Canada, Iran, India, Thailand, Indonesia, Australia, South Korea, Japan, Russia, China, Taiwan
Iron Tiger APT
China, possible affiliation to MSS. Emissary Panda may also be connected to several other PRC-sponsored APTs, including Emmisary Panda, APT27, and Luckymouse
2018
2020-2021 Cyberespionage Campaign (APT41)
Banking/Finance, Civil Society, Construction, Defense Industrial Base, Government, Healthcare, High Technology, Higher Education, Legal, Manufacturing, Media, Non-profit, Oil & Gas, Petrochemical, Pharmaceutical, Real Estate, Research, Software development companies, Social Media, Telecommunications, Transportation, Travel, and Utility
1. Finance 2. Construction Services 3. Defense 4. Public Administration 5. Medical and Other Health Care Services 6. Professional, Scientific and Technical Services 7. Computer System Design and Related Services 8. Tertiary Education 9. Manufacturing 10. Information Media and Telecommunications 11. Personal and Other Services 12. Oil and Gas Extraction 13. Basic Chemical and Chemical Product Manufacturing 14. Property Operators and Real Estate Services 15. Telecommunications Services 16. Transport, Postal and Warehousing 17. Administrative Services 18. Electricity, Gas, Water and Waste Services 19. Transport, Postal and Warehousing 20. Machinery and Equipment Manufacturing 21. Heavy and Civil Engineering Construction 22. Publishing
Australia, Canada, Denmark, Finland, France, India, Italy, Japan, Malaysia, Mexico, Philippines, Poland, Qatar, Saudi Arabia, Singapore, Sweden, Switzerland, UAE, UK and USA, Australia, Brazil, Chile, Hong Kong, India, Indonesia, Japan, Malaysia, Pakistan, Singapore, South Korea, Taiwan, Thailand, and Vietnam
APT41
China
2020, 2021
Lazarus attacks on India (Lazarus)
Indian Space Research Organisation; Nuclear Power Corporation of India’s Kudankulam nuclear plant
1. Space Nuclear
India
Lazarus Group
DPRK
2019