IPR policy reiterates India's stance: Sitharaman

The recently launched Intellectual Property Rights (IPR) policy reiterates India’s stance on the issue ahead of Prime Minister Narendra Modi visit to the US – a vocal critic of India’s IP laws, next month, Commerce and Industry minister Nirmala Sitharaman said on Monday.

Sitharaman said the policy has generated a lot of interest in the US and it has built on India’s robust IPR framework.The prime minister is scheduled to visit the US on 7th June.

The policy is expected to strengthen the IPR regime in the country as well as improve available infrastructure to generate higher levels of intellectual property. However, India continues to be placed on a Priority Watch List by the US on account of their assessment of India’s IPR protection being inadequate.

The special 301 report by the US Trade Representative’s office, has constantly kept India in the list while threatening to further downgrade the country for alleged IPR violations. It has pegged losses from piracy of music and movies in India at approximately $4 billion per year and the commercial value of unlicensed software at $3 billion.

 “We do not recognize the US exercising an oversight mechanism regarding the domestic policy of any other country,” Sitharaman told reporters regarding the report.

The US has been an active critic of specific provisions in the Patents Act, namely section 3(d), which is aimed at curbing ever-greening of patents.The pharmaceutical sector has US companies holding a substantial number of patents, which it says risks losing out on revenue.

India has countered for long that the report constitutes an unilateral measure to create pressure on countries to enhance IPR protection beyond the TRIPS agreement. The agreement which came into force in 1994 sets down minimum standards for many forms of intellectual property regulations for WTO members.

The IPR policy has also kept open the possibility of India inking international treaties on IPR standards.However, Sitharaman ruled out India accepting provisions which are stricter than the current TRIPS agreement.The agreement which came into force in 1994 sets down minimum standards for many forms of intellectual property regulations for WTO members.

In the domestic arena, legal practitioners warned that the IPR policy has kept open the option of future amendments to laws protecting IPR in the country, which might harm domestic interests.

The policy has put Department of Industrial Policy and Promotion (DIPP) under the Commerce Ministry as the nodal body for leveraging IPR to reap economic and social benefits on a large scale. The minister said none of the six laws protecting IPR which are under the DIPP, are up for amendment.

Commerce ministry is also looking to spread IPR awareness in the country through teaming up with industry organizations, Sitharaman said. Saying that the policy took cognizance of the issue of copyright infringement in the music and film industries, she added that it was up to industry now to come forward and act upon the policy.