INDIA: International Outlier on IP
India has the potential to be one of the world’s leading markets for intellectual property (IP) industries. Boasting as one of the world’s fastest growing economies, India would be well served by protecting the spirit of innovation, which has driven the country to out-produce developed and developing countries in an array of industries.
Unfortunately, the policies and decisions against the protection of IP rights in India over the past year are inconsistent with India’s public rhetoric, calling into question the country’s commitment to promoting innovation and continuing its path toward creating a knowledge-based economy.
- In GIPC’s inaugural study, International Intellectual Property Index: Measuring Momentum, comparing IP environments across the globe, India consistently ranked last behind China among nearly all five indicators including patents, trademarks, copyrights, enforcement, and international treaty participation.
- Recent actions by the Indian government in 2012, such as the issuance of the first compulsory license for a kidney cancer medication, call into question the country’s commitment to innovation and the promotion of a knowledge-based economy.
- This pattern of erosion of IP rights hits nearly every creative and innovative industry, both within and outside of India’s borders. From enormous copyright piracy rates to patent denials and revocations, the country is increasingly establishing itself as an outlier in the international IP system.
- The Indian government must not only strengthen its intellectual property laws but also promote s greater intellectual property protections through court decisions in order to further innovation both in India and around the world.
The good news is that these deleterious policies are not un-reversible. The Global Intellectual Property Center (GIPC) leads a broad-based IP industry coalition that seeks to strengthen the protection and enforcement of IP in India. The GIPC works with both the Government of India and United States Government to foster relationships, open dialogue and provide the necessary tools and education to promote IP rights in India.
The GIPC is also a founding member and co-chair of the Alliance for Fair Trade in India (AFTI), which brings together diverse industries to work with the Administration and members of Congress to pursue public policy options that help create a level playing field for U.S. exporters operating in India.
- GIPC Testimony on India Trade Barriers Before U.S. International Trade Commission (January 31, 2014/February 12, 2014)
- INDIA: International Outlier on IP (July 18, 2013)
- GIPC Testimony on Unfair Indian IP Practices Before the U.S. House Energy and Commerce Committee (June 27, 2013)
- Alliance for Fair Trade in India (AFTI)
- 40 U.S. Senators Lead by Sens. Portman and Menendez Sign Letter to Secretary Kerry on Indian trade practices (June 20, 2013)
- U.S. House Ways and Means Committee Signs Letter to President Obama to take full advantage of Strategic Dialogue with India (June 20, 2013)
- 169 U.S. Representatives Lead by Reps. Paulsen and Larson Sign Letter to President Obama on IP Concerns with India (June 18,2013)
- Senators Baucus and Hatch Letter to Secretary of State Kerry on India’s Unfair Trade Practices (June 14, 2013)
- Business Association Letter to the Administration on India’s Degrading Trade Practices (June 6, 2013)
- Independent Women’s Forum: Protecting Intellectual Property: A Key to Growth and Progress (June 4, 2013)
- Property Rights Alliance: India’s Pharmaceutical Industry: A Call for Stronger IP Protections (May 30, 2013)
- American Legislative Exchange Council: Protecting Intellectual Property Rights is Vital to the Innovation Economy (May 20, 2013)