In a scathing attack on India's intellectual property environment, New York-based Global Intellectual Property Center (GIPC) of the US Chamber of Commerce has ranked India at the bottom of the list of 25 countries in the 2014 International Intellectual Property (IP) Index, for the second consecutive time. The report cited several reasons - patentability requirements in violation of TRIPS, weak data protection, poor enforcement, not being party to major international IP treaties, among others - for India continuing to have "the weakest IP environment of all countries included in the Index". Jasper MacSlarrow, executive director of International IP of the US Chamber's Global Intellectual Property Center, in an email interaction with Sudipto Dey, explains why India continues to remain the global outlier in IP. Edited excerpts
Did India's performance in the latest edition of the report take you by surprise?
For the past two years, India's IP environment has deteriorated, from compulsory licences and patent revocations to the lack of any effective enforcement mechanism to curb IP infringement. India remains the global outlier on IP. (POOR INTELLECTUAL PROPERTY MANAGEMENT)
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Has there been deterioration in the IP environment since the previous survey in 2012?
I would like to refer to the India section on the Index, particularly the following paragraph:
"India's overall score has decreased from 25 per cent of the total possible score (with a score of 6.24) in 2012 to 23 per cent in 2014. This is mainly due to the introduction of new indicators to the GIPC Index and the relative weakness of the Indian IP environment with regard to IP rights available for trademark holders, patentability requirements that are outside international practices, and IP-based barriers to accessing the Indian market. Moreover, India's overall IP environment has deteriorated particularly with regard to pharmaceutical patents, for which basic protection seems increasingly to be unavailable."
How big a deterrent are India's IP laws for attracting foreign investment?
If you look at India's foreign direct investment (FDI) numbers, you'll see a clearer picture of the hesitation of international business. India attracts less FDI than its BRICS counterparts and over the past 20 years has lagged behind other nations which started out on a similar footing with similar IP regimes and similar FDI intakes.
You have been very critical of India's pharma-related patent enforcement and resolution mechanism. What should the Indian government do to sensitise about copyright and rights related to copyrights?
Our Index outlines a wide range of problems with India's IP environment, not just pharmaceutical. Our Index provides a clear and objective roadmap for India to improve its IP environment. To that end, we hope that the GIPC Index would initiate dialogues among the Indian and US policy makers to build a better environment for India and for international trade.
Any plans to engage in a dialogue with the Indian government and the industry on your concerns about the IP protection environment?
We have reached out and would like to continue to engage on the same levels that we do with other key markets and to see progress on our mutual goals.
