IP Connect

IPR Policies in India – Lookout for US, Germany

Since the forming of the government, PM Narendra Modi’s policies and approach towards International concerns have been in news and the regime for enforcement and protection of Intellectual Property Rights in India has been one of the most sought after concern among the developed nations. This time again Mr. Modi’s visit to the US to meet business leaders in New York and Silicon Valley is expected to be marked by India’s stance on Intellectual Property rights.

Indian Daily, Economic Times reports some of the concerns that are expected to be raised by US Officials during the meet, like a predictable IPR regime for its innovators, gaps in the Indian Copyright Act to combat online piracy and illegal recording of motion pictures and issue of compulsory licenses only in extreme situations. Similar concerns have been raised by the US earlier as well and some were also detailed in USTR’s 2015 Special 301 Report.

Predictable IPR Regime in India- The US has urged India for a transparent and predictable IPR regime which enables innovations at all stages of innovation lifecycle by nurturing and incentivizing innovation.

Copyright and Piracy- With respect to the Indian Copyright Act, the US has sought changes in for ensuring better protection to US right holders in the Indian market. Like enactment of anti-camcording legislation, model statutory license provisions relating to copyrighted works on the standards of the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention), ensuring that collecting societies are licensed promptly and able to operate effectively and provide additional protections against signal theft, circumvention of technological protection measures and online copyright piracy.

Issue of Compulsory License- The US has sought clarification on India’s application of its compulsory licensing of pharmaceuticals as the same substantially affects the US stakeholders. It has urged India to issue compulsory license only in extreme situations.

Meanwhile, apart from the US even Germany has emphasized on the protection of IPR as a key to long term engagement with India. Indian Daily, Business Standards in this regard reports that German Ambassador Martin Ney has stated that India’s potential was enormous but the legal protection of IPR was an important element for investors to engage for a long term in India.

With a huge youth population and tremendous opportunities of economic growth, India has emerged as one of the most sought after nations for investments and innovations worldwide. However, developed nations for conducive business environment and growth of their IP-intensive organizations expect a strengthened IPR regime which would ensure effective and predictable enforcement and protection of their IPR in India. The Indian Government in the past few months has initiated several efforts towards strengthening of IPR regime in India and setting up of Think tank to Draft National IPR Policy which seeks to address the issues which are expected to promote an innovative environment in India.