India’s IPR environment is maturing

Legal systems are in place, landmark judgements have been pronounced, and next-gen policies are being evolved

The establishment of the World Trade Organisation (WTO) at the conclusion of the Uruguay Round (UR) on negotiations in 1995 signalled a quantum leap in integrating developing countries with the global economies. Developing countries undertook greater commitments lured by additional market access in agriculture, textiles and the movement of people.

In a well researched report by RIS India , the gains from the UR proposals were estimated to be between $213-$510 billion a year, with developing countries benefiting to the tune of $86-$122 billion. Empirical evidence suggests that there has been a significant deviation of these income flows to the developing world in favour of the developed world.

Works in progress

The Indian intellectual property rights system represents one of the most mature IP systems amongst developing countries, although some of the studies rank it below China, which is often accused of thefts, counterfeiting, piracy and cyber attacks on IPRs. Successive Indian governments have put in efforts to improve IP legislation since 2000. Jurisprudence has consistently evolved, institutions like the Intellectual Property Appellate Board (IPAB) have been established, and landmark judgments by the judiciary have been given in the past few years. In recent times, key efforts have been made by the PMO to revisit the IP regime and a task force has been set up to evolve a next generation IP policy for our nation.

There have been acrimonious noises made by US industry against Indian IP legislation and its interpretation by the government and judiciary. Criticism of certain provisions in the Patent Act that renders evergreening of patents ineligible for grant has generated considerable heat. Similarly, lack of IP enforcement, a non-responsive legal system, lack of awareness and compulsory licensing have all come under fire.

On the ground, it appears to be a lot of work in progress. Significant policy changes in recent years by successive governments have been responsible for the evolution of IP legislation in our country. Indian pharmaceutical companies have become globally competitive in the generics market.

Not only are Indian companies competitive, the drugs produced by these companies have pharmacologically better characteristics and quality. Some of these domestic companies are also entering into licensing agreements with global players such as Sanofi, Forest Laboratories, Bristol Myers Squibb, Merck, and Eli Lilly and AstraZeneca in the R&D space. Over 50 NCEs/NMEs from Indian companies are at different stages of development for new drugs. This marks the entrance of Indian pharma companies in drug discovery; an innovation cycle that may be fraught with difficulties but is equally rewarding of success.

On copyright

In the case of the entertainment and IT industry, the recent involvement of the HRD ministry with industry associations such as Ficci, BSA and MPA are providing copyright enforcement training to police officers and its governing officials. To deepen awareness on copyrights, the ministry is in the process of finalising the inclusion of IPR as a compulsory subject in K-12 education. These are likely to see much anticipated reduction in unlicensed software and piracy of music and films.

There have been pioneering judgments that decisively deal with digital TM violations, meta tagging and parallel imports, making our legal environment more responsive and intolerant towards IP abuse. The decision of grant of interim royalty payouts by the Delhi High Court in the Ericsson vs Micromax case is a turning point in the “no damage cover” regime prevalent in India.

In the engineering and manufacturing sectors, IP capability and process maturity appear to be the binding-glue that will allow OEMs (original equipment manufacturers) transfer critical IPRs to Indian companies without fear. These ingredients must find a place in training each skilled worker in this exercise of nation-building. It is recommended that each set of National Occupational Standards must aim to create workers who are knowledgeable, innovative, skilled and IP centric.

India’s openness to re-examine its IPR laws and policies, and establish a think-tank and an empowered group on IPR reflects serious intentions of her transforming attitude towards IPRs.

Curtesy: http://www.thehindubusinessline.com/opinion/indias-ipr-environment-is-maturing/article7236091.ece

The Anti-Counterfeit Trade Agreement (ACTA): U.S. Dictating Canada’s Intellectual Property Laws

In March, the Canadian government introduced a bill that would bring about sweeping changes to its copyright and trademark laws. This includes giving more power to customs and border protection agents without any judicial oversight. The move is intended to prevent counterfeit goods from entering the country, but has been criticized for being less about protecting Canadians and more about caving to American demands. With the U.S. dictating global intellectual property standards, the new legislation represents the return of ACTA and would pave the way for Canada to ratify the controversial international treaty.

Over the years, the U.S. has been critical of Canada’s efforts in addressing trade in counterfeit goods and has been pressing for intellectual property reform. In the 2009 United States Trade Representative (USTR) Special 301 Report, Canada was placed on a priority watch list of countries that do not provide adequate intellectual property enforcement. As part of its 2013 Trade Policy Agenda, the USTR is now pushing Canada to comply with the Anti-Counterfeit Trade Agreement(ACTA). The multinational treaty is designed to standardize intellectual property laws around the world. Although it has been signed by a number of countries, including Canada, so far only Japan has ratified ACTA. It was the result of public pressure associated with risks internet privacy and online freedom of speech which lead to ACTA being rejected by the European Parliament in July of 2012. At the time, many assumed that ACTA was dead, but it still remains a top priority for the U.S. and they are attempting to revive the discredited agreement by trying to get the six necessary ratifications for it to come into force. In an effort to satisfy U.S concerns, Canada recently announced legislation which is aimed at bringing them in line with ACTA.

Last month, the Conservative government introduced Bill C-56, also known as the Combating Counterfeit Products Act. Academic researcher and law professor Michael Geist explained how the proposed legislation would, “ensure that Canada is positioned to ratify ACTA by addressing border measures provisions. The core elements of the bill include the increased criminalization of copyright and trademark law as well as the introduction of new powers for Canadian border guards to detain shipments and work actively with rights holders to seize and destroy goods without court oversight or involvement.” He emphasized that, “Customs officials are not copyright and trademark experts, yet they may now be forced to assess infringement cases including determining whether any copyright exceptions apply.” Mike Masnick of techdirt acknowledged that, “For many years, Canada has strongly resisted U.S.-style copyright laws, despite tremendous pressure to do so. Watching them cave on ACTA is certainly a disappointment.” He went on to say, “It shows a Canadian government who doesn’t seem to care about what the public wants, but rather feels the need to kowtow to U.S. entertainment and pharmaceutical lobbying interests.”

The Council of Canadians have questioned whether the anti-counterfeiting bill, “is one of the conditions the U.S. government put on Canada joining the Trans-Pacific Partnership (TPP) trade negotiations.” The group is urging that intellectual property rights be taken out of the TPP and the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) talks. There have already been attempts to use CETA negotiations to sneak in parts of ACTA. Stuart Trew, trade campaigner with the Council of Canadians wondered since, “The Harper government seems to have just collapsed in front of U.S. demands for border enforcement of Hollywood’s intellectual property rights despite the global controversy with ACTA. Can we expect Harper to bend this easily to European demands in CETA and U.S. demands in the TPP that will increase the price of drugs and undermine access to affordable medicines?” ACTA also favours Big Pharma with patent protections that would limit generic competition and would lead to higher drug costs.

On March 20, the USTR officially notified Congress of its intention to enter into negotiations with the EU on a Transatlantic Trade and Investment Partnership (TTIP) agreement. In the letter, they also outlined specific goals in different areas such as intellectual property rights. As part of the transatlantic talks, the USTR, “Seek to obtain, consistent with U.S. priorities and objectives, appropriate commitments that reflect the shared U.S.-EU objective of high-level IPR protection and enforcement, and to sustain and enhance joint leadership on IPR issues.” A Civil Society Declarationsigned by European and U.S. groups is insisting that the upcoming negotiations, “exclude any provisions related to patents, copyright, trademarks, data protection, geographical indications, or other forms of so-called intellectual property. Such provisions could impede our rights to health, culture, and free expression and otherwise affect our daily lives.” Some have warned that the TTIP could be used as a way to implement ACTA through the backdoor.

ACTA is part of the international agenda of patent, trademark and copyright lobbies. The agreement favours big businesses over individual innovators and creators. It was designed to protect the interests of multinational corporations at the expense of fundamental civil rights. ACTA is being used by the U.S. to pressure other countries into adopting a new global standard for intellectual property enforcement. The supranational treaty would impose draconian laws which threaten the sovereignty of member nations.

Source:http://www.globalresearch.ca/the-anti-counterfeit-trade-agreement-acta-u-s-dictating-canadas-intellectual-property-laws/5332612