United States Trade Representative issued 301 report that reflects the Administration’s resolve to encourage and maintain effective IPR protection and enforcement worldwide. It identifies a wide range of concerns, including troubling “indigenous innovation” policies that may unfairly disadvantage U.S. rights holders across the world, and the ongoing, systemic IPR enforcement issues presented in many trading partners around the world.
Some of the key highlights of the report in relation to India:
India remains on the Priority Watch List in 2012
On first CL issued in India, report says”The United States will closely monitor developments concerning compulsory licensing of patents in India following the broad interpretation of Indian law in a recent decision by the Controller General of Patents, while also bearing in mind the Doha Declaration on TRIPS and Public Health found in the Intellectual Property and Health Policy section of this Report.”
On Data Protection, USTR report asks for stricter implementation which is TRIPS plus. It says, “The United States urges India to provide an effective system for protecting against unfair commercial use, as well as unauthorized disclosure, of test or other data generated to obtain marketing approval for pharmaceutical and agricultural chemical products.”
On IP Enforcement, 301 report says, “The United States also continues to encourage India to address its judicial inefficiencies and to strengthen criminal enforcement efforts, including by imposing deterrent level sentences and giving IPR prosecutions greater priority.”
Visit here, to read the full report.
