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IP safety: US puts India on Priority Watch List

The United States on Friday positioned India and eight different nations on the Priority Watch List for IP safety and enforcement.

The different nations which have been put on the record are Argentina, Chile, China, Indonesia, Russia, Saudi Arabia, Ukraine and Venezuela.

In its “Special 301 Report” on the adequacy and effectiveness of US buying and selling companions’ safety and enforcement of mental property rights, US Trade Representative Katherine Tai mentioned these nations would be the topic of intense bilateral engagement throughout the coming 12 months.

“Over the past year, India has remained inconsistent in its progress on intellectual property (IP) protection and enforcement. While India’s enforcement of IP in the online sphere has gradually improved, a lack of concrete benefits for innovators and creators persists, which continues to undermine their efforts. India remains one of the world’s most challenging major economies with respect to protection and enforcement of IP,” she mentioned.

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

The 23 buying and selling companions on the Watch List 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.

“Intellectual property rights incentivize our creators, manufacturers, and innovators to invent new products and technologies,” mentioned Katherine Tai.

“The laws, policies and practices that protect those rights must appropriately balance the interests of creators with those seeking to use their creations. Failing to adequately and effectively protect those rights in foreign markets hurts the US economy, the dynamism of American innovators and the livelihoods of our workers,” she mentioned.

Observing that the 2021 Special 301 assessment interval has taken place throughout the COVID-19 pandemic, the most important international well being disaster in additional than a century, the USTR workplace mentioned its prime precedence is saving lives and ending the pandemic within the United States and all over the world.

As affirmed within the Doha Declaration on the TRIPS Agreement and Public Health, the United States, whereas recognising the position of mental property safety within the growth of latest medicines, respects a buying and selling accomplice’s proper to guard public well being and, specifically to advertise entry to medicines for all, it mentioned.

The United States has been carefully monitoring China’s progress in implementing its commitments underneath the United States-China Economic and Trade Agreement.

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

China amended the patent Law, copyright and legal legal guidelines prior to now 12 months. However, these steps towards reform require efficient implementation and fall in need of the total 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 revolutionary industries.

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

“Moreover, patent applicants continue to confront costly and time-consuming pre and post-grant oppositions, long waiting periods to receive patent approval and excessive reporting requirements. Stakeholders continue to express concerns over vagueness in 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 Trade Policy Forum’s Intellectual Property Working Group.


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