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IP protection: US puts India on Priority Watch List

The USA on Friday positioned India and eight different international locations on the Precedence Watch Record for IP safety and enforcement.

The opposite international locations which were placed on the checklist are Argentina, Chile, China, Indonesia, Russia, Saudi Arabia, Ukraine and Venezuela.

In its “Particular 301 Report” on the adequacy and effectiveness of US buying and selling companions’ safety and enforcement of mental property rights, US Commerce Consultant Katherine Tai mentioned these international locations would be the topic of intense bilateral engagement in the course of the coming 12 months.

“Over the previous 12 months, India has remained inconsistent in its progress on mental property (IP) safety and enforcement. Whereas India’s enforcement of IP within the on-line sphere has step by step improved, an absence of concrete advantages for innovators and creators persists, which continues to undermine their efforts. India stays one of many world’s most difficult main economies with respect to safety and enforcement of IP,” she mentioned.

The workplace of the USTR reviewed greater than 100 buying and selling companions for this 12 months’s “Particular 301 Report”, and eight on Precedence Watch Record and 23 on the Watch Record.

The 23 buying and selling companions on the Watch Record are Algeria, Barbados, Bolivia, Brazil, Canada, Colombia, Dominican Republic, Ecuador, Egypt, Guatemala, Kuwait, Lebanon, Mexico, Pakistan, Paraguay, Peru, Romania, Thailand, Trinidad & Tobago, Turkey, Turkmenistan, Uzbekistan, and Vietnam.

“Mental property rights incentivize our creators, producers, and innovators to invent new merchandise and applied sciences,” mentioned Katherine Tai.

“The legal guidelines, insurance policies and practices that defend these rights should appropriately steadiness the pursuits of creators with these searching for to make use of their creations. Failing to adequately and successfully defend these rights in overseas markets hurts the US economic system, the dynamism of American innovators and the livelihoods of our staff,” she mentioned.

Observing that the 2021 Particular 301 evaluate interval has taken place in the course of the COVID-19 pandemic, the most important world well being disaster in additional than a century, the USTR workplace mentioned its high precedence is saving lives and ending the pandemic in the US and world wide.

As affirmed within the Doha Declaration on the TRIPS Settlement and Public Well being, the US, whereas recognising the function of mental property safety within the improvement of latest medicines, respects a buying and selling associate’s proper to guard public well being and, particularly to advertise entry to medicines for all, it mentioned.

The USA has been carefully monitoring China’s progress in implementing its commitments below the United States-China Financial and Commerce Settlement.

In 2020, China printed a number of draft IP-related authorized and regulatory measures and finalised over a dozen measures.

China amended the patent Legislation, copyright and legal legal guidelines prior to now 12 months. Nonetheless, these steps towards reform require efficient implementation and fall wanting the complete vary of basic adjustments wanted to enhance the IP panorama in China, the USTR workplace mentioned.

In India, the USTR mentioned patent points proceed to be of explicit concern as long-standing points stay for modern industries.

The potential menace of patent revocations, lack of presumption of patent validity and the slim patentability standards below the India Patents Act burdens firms throughout totally different sectors.

“Furthermore, patent candidates proceed to confront pricey and time-consuming pre and post-grant oppositions, lengthy ready intervals to obtain patent approval and extreme reporting necessities. Stakeholders proceed to specific issues over vagueness within the interpretation of the India Patents Act,” she added.

She mentioned the US intends to proceed to have interaction with India on IP issues, together with via the United States-India Commerce Coverage Discussion board’s Mental Property Working Group.

 

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