INDIA: Minimal Changes Under PM Modi
Positive Rhetoric – Inconsistent Results
India has the potential to be one of the world’s leading markets for intellectual property (IP) industries. After weathering the global economic slowdown, India has emerged as the fastest growing global economy. With a new National IPR Policy and a new slogan–“Creative India: Innovative India”–India is positioning itself to be a pro-IP, knowledge-driven economy capable of competing with developed and developing countries in an array of industries.
The many public statements by Prime Minister Modi and other senior government officials are encouraging. However, he 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.
It will be incumbent upon the government to give effect to the full spirit and scope of the National IPR Policy, which recommends a host of measures including the periodic review and changes to the existing IPR legal and regulatory framework and creating a credible IPR enforcement system.
- In the U.S. Chamber’s International Intellectual Property Index, Infinite Possibilities, comparing IP environments across the globe, India consistently ranked last behind China among nearly all six indicators including patents, trademarks, copyrights, trade secrets and market access, enforcement, and international treaty participation.
- After granting its first compulsory license for a kidney cancer medication in 2012, India continues to consider applications for compulsory licenses under various provisions of its patent lawcalling into question the country’s commitment to innovation and the promotion of a knowledge-based economy.
- A trend of patent revocations and denials of patents for improved pharmaceutical products continues unabated. Other sectors are now similarly threatened as India reconsiders the scope of patentable subject matter under its patent law.
- In 2016, India recently reversed course on the patentability of computer-related inventions and is considering adopting guidelines to promote access to Standard Essential Patents potentially prescribing “fair, reasonable and non-discriminatory” licensing terms.
- The Ministry of Agriculture recently released a Notification which sets a uniform “fair, reasonable and affordable” price for IP protected transgenic cotton seed and establishes standard terms and conditions for GM Technology Licensing Agreements. This Notification has been placed on hold to allow for formal stakeholder consultations.
- This pattern of erosion of IP rights and the absence of transparency in policy making impacts every creative and innovative industry, both within and outside of India’s borders.
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)