 "IPR policy will give industry the confidence to invest: Patrick Kilbride")
The latest edition of the US Chambers' International IP Index has been critical of India's IPR regime, ranking the country at the 37th place among the 38 economies surveyed. However, Patrick Kilbride, executive director of international intellectual property for the Global Intellectual Property Center at the US Chamber of Commerce, tells Sudipto Dey that the impact of the proposed National IPR Policy - if implemented at the earliest - is likely to get reflected in next year's scores. Edited excerpts:
Did the Global Intellectual Property Center (GIPC) take into consideration that India is in the process of coming out with National IPR Policy while arriving its own at the country score?
The US Chamber values the International IP Index very highly because it is an objective, empirical assessment of each country's legal environment for IP measured against a consistent and transparent benchmark. The downfall, as with any similar Index, is that it represents an image of a particular moment in time. It is not always possible to capture important changes or trends in the political environment with such a metric. Over the past year, we have seen the Modi administration sending out important signals about its commitment to innovation in India, including through a re-calibration of India's IP policy. For instance, it is possible, maybe even likely, that the much-anticipated National IPR Policy will include measures that could increase India's score on the US Chamber Index considerably. However, until those policy measures are enacted, and implemented, they will not be reflected in India's scores on the Index.
Clearly, this is a year of major transition for India's IP policy and its future as an innovative economy. We are optimistically awaiting the National IPR Policy, and we look forward to recognising the progress that we hope it represents in the next edition of the US Chamber Index.
I believe that leading multinational companies in innovative industries are eager to work more closely in, and with India. Any signs of an improving political and regulatory environment for innovators will be welcomed enthusiastically. Candidly, we have seen that the process has begun, in response to only the most indirect signs of policy change over the past year. Investors are realistic and pragmatic about the pace of change, but they are also focused on their accountability to the bottom line, and their business decisions will ultimately be guided by current realities.
A recent law paves the way to create more commercial courts in the country. Also, the government is in the process of strengthening the manpower of the patent office. There is a growing commercial relationship between American and Indian pharma companies. A feeling among the IP fraternity in India is that these aspects were not given due weight in the Index...
The US Chamber Index measures a certain, pre-determined set of statutory, regulatory, and enforcement criteria. There is no doubt that the expansion of India's judiciary to provide expanded, specialised jurisdiction for IP matters is a tremendously important step, even though it cannot be captured in the measurement. This enhanced expertise can only lend itself to enhanced legal certainty for IP-intensive industries, which we believe is the critical element in an innovative economy. Legal certainty doesn't mean that the innovators win every case - it does mean that they have confidence in the process. In this respect, the Index is a lagging indicator, and we will be making every effort to ensure that we find appropriate ways to recognise the reforms that are under way, even when they are not fully captured by the Index.
So, the message to the Indian government and the IP fraternity is 'speed up IPR-related reforms'?
Every moment lost is an opportunity cost. International industry is ready and waiting to make, invest, and innovate. The signals from government have been very positive. It's time to see the National IPR Policy and implementation of the rule that will give industry the confidence to invest in India's future.
Did the Global Intellectual Property Center (GIPC) take into consideration that India is in the process of coming out with National IPR Policy while arriving its own at the country score?
The US Chamber values the International IP Index very highly because it is an objective, empirical assessment of each country's legal environment for IP measured against a consistent and transparent benchmark. The downfall, as with any similar Index, is that it represents an image of a particular moment in time. It is not always possible to capture important changes or trends in the political environment with such a metric. Over the past year, we have seen the Modi administration sending out important signals about its commitment to innovation in India, including through a re-calibration of India's IP policy. For instance, it is possible, maybe even likely, that the much-anticipated National IPR Policy will include measures that could increase India's score on the US Chamber Index considerably. However, until those policy measures are enacted, and implemented, they will not be reflected in India's scores on the Index.
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Would it be fair to assess that the GIPC is in favour of incremental improvements in India's IPR regime?
Clearly, this is a year of major transition for India's IP policy and its future as an innovative economy. We are optimistically awaiting the National IPR Policy, and we look forward to recognising the progress that we hope it represents in the next edition of the US Chamber Index.
I believe that leading multinational companies in innovative industries are eager to work more closely in, and with India. Any signs of an improving political and regulatory environment for innovators will be welcomed enthusiastically. Candidly, we have seen that the process has begun, in response to only the most indirect signs of policy change over the past year. Investors are realistic and pragmatic about the pace of change, but they are also focused on their accountability to the bottom line, and their business decisions will ultimately be guided by current realities.
A recent law paves the way to create more commercial courts in the country. Also, the government is in the process of strengthening the manpower of the patent office. There is a growing commercial relationship between American and Indian pharma companies. A feeling among the IP fraternity in India is that these aspects were not given due weight in the Index...
The US Chamber Index measures a certain, pre-determined set of statutory, regulatory, and enforcement criteria. There is no doubt that the expansion of India's judiciary to provide expanded, specialised jurisdiction for IP matters is a tremendously important step, even though it cannot be captured in the measurement. This enhanced expertise can only lend itself to enhanced legal certainty for IP-intensive industries, which we believe is the critical element in an innovative economy. Legal certainty doesn't mean that the innovators win every case - it does mean that they have confidence in the process. In this respect, the Index is a lagging indicator, and we will be making every effort to ensure that we find appropriate ways to recognise the reforms that are under way, even when they are not fully captured by the Index.
So, the message to the Indian government and the IP fraternity is 'speed up IPR-related reforms'?
Every moment lost is an opportunity cost. International industry is ready and waiting to make, invest, and innovate. The signals from government have been very positive. It's time to see the National IPR Policy and implementation of the rule that will give industry the confidence to invest in India's future.