Strengthen your IPR regime, US tells India

Maintaining that India still remains "weak" in protection and enforcement of intellectual property rights, the US today asked it to strengthen its IPR regime and said it was ready to work with it in this endevour.      

The US Trade Representative in his latest annual report on IPR released here has placed India in a priority watch list for the year 2009, but noted that it has made progress on improving its IPR infrastructure, including through the modernisation of its IP offices and the introduction of an e-filing system for trademark and patent applications.      

While appreciating some of the measures taken by New Delhi in the last few years, the USTR said the United States remains concerned about "weak" IPR protection and enforcement in India.      

"The United States continues to urge India to improve its IPR regime by providing stronger protection for copyrights and patents, as well as effective protection against unfair commercial use of undisclosed test and other data generated to obtain marketing approval for pharmaceutical and agrochemical products," said the report released by US Trade Representative, Ron Kirk today.      

The US "urges India to strengthen its IPR regime and stands ready to work with India on these issues during the coming year", it added. 

In its report, the USTR said the United States encourages India to enact legislation in the near term to strengthen its copyright laws and implement the provisions of the WIPO Internet Treaties. It also urged India to improve its IPR enforcement system by enacting effective optical disc legislation to combat optical disc piracy.      

Piracy and counterfeiting, including of pharmaceuticals, remain a serious problem in India, it said and added that India's criminal IPR enforcement regime remains weak.      

"Police action against those engaged in manufacturing, distributing, or selling pirated and counterfeit goods, and expeditious judicial dispositions for IPR infringement and imposition of deterrent-level sentences, is needed," it said.      

Identifying counterfeit medicines as another problem, the report said the US is encouraged by the recent passage of the Drugs and Cosmetics (Amendment) Act 2008, which will increase penalties for spurious and adulterated pharmaceuticals.      

USTR also appreciated several measures taken by India. The IP offices in India, the report said, have started the process of digitisation of intellectual property files.      

"In addition, the Indian ministerial committee on IPR enforcement has supported the creation of specialised IPR police units. Customs enforcement has also improved through the implementation of the 2007 IPR (Imported Goods) Enforcement Rules as well as by seizures of unlicensed copyrighted goods intended for export," it noted.