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Intellectual Property index: India remains near bottom

current affairs, economy 9 February 2017

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India remains near the bottom in an international Intellectual Property (IP) index
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by being ranked 43rd out of 45 countries, according to a report by the U.S. xaam.in 2016 xaam
XAAM UPSC Prelims
Chamber 2016 TestGlobal
of Commerces Series Intellectual Property Center (GIPC).
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The report said it includes 90% of global gross domestic product, and grades
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on patents, trademarks, copyright, trade secrets, enforcement, and
international treaties. Only two countries were ranked below India Pakistan
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(44th) and Venezuela (45th). The U.S., the U.K., Germany, Japan, Sweden,
France,
Video Switzerland,
Tutorial Singapore,
and Tricks For General South Korea and Italy completed the top 10
ranks. Among the BRICS countries China was ranked 27th, South Africa (33rd),
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Brazil (32nd) and Russia (23rd).
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The report added, While the Indian government issued the National Intellectual START YOUR PREP
Property Rights (IPR) Policy in 2016, IP-intensive industries continued to face
challenges in the Indian market with regard to the scope of patentability for
computer-implemented inventions, Section 3(d) of the Indian Patent Act (that
prevents ever-greening of patents), and the recent High Court of Delhi decision
regarding photocopying copyrighted content.

The report said, Indias key areas of weakness includes that overall, National IPR
Policy does not address fundamental weaknesses in Indias IP framework, limited
framework for protection of life sciences IP, patentability requirements being
outside international standards, lengthy pre-grant opposition proceedings in place,
and the 2016 High Court ruling on copyright infringement in the University of [2016 QUESTION UPDATED ]
Delhi copy-shop case continuing to weaken the enforcement environment for
rights holders.
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It added that another of Indias weaknesses was also that it had previously used
compulsory licensing for commercial and nonemergency situations, (as well as
Indias) limited participation in international IP treaties.

The report said its key findings included that a number of countries introduced
new enforcement mechanisms and specialized IP courts to better combat
counterfeiting and piracy. Besides, free trade agreements signed in 2016 helped
raise the bar for protection of life sciences IP, copyrighted content online, and
enforcement against IP theft, it said.

Various governments undertook a review of their IP laws, recognizing that IP

laws must keep pace with the emerging challenges IP owners face. Economies
leveraged international partnerships through Patent Prosecution Highways, it
said, adding that despite these positive developments, some countries took steps
to restrict IP rights in 2016. Also, countries introduced new requirements for local
production, procurement, and manufacturing.

The report further said, A number of governments attempted to limit the scope of
patentability via both judicial decisions and legislation. Both individual
governments and representatives of the multilateral institutions encouraged public
officials to utilize compulsory licenses and expand exceptions and limitations in
the name of increasing access.
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