US and India to join hands on the grounds of Intellectual Property Rights

Dec 2022

After US President Donald Trump’s visit in India from February 24 to 25th February, India and the US have opted for an agreement relating to intellectual property rights or IPR. As a result of this, the cabinet sanctioned MoU with the US pertaining to IPRs, relevant to information and broadcasting as has been stated by Minister Prakash Javadekar.

Officials are of the opinion that the agreement is a knowledge-sharing one that will enhance the functioning of the IPR system between the two parties involved in the agreement. The pack has been triggered due to the fact that India has dropped to 40th position in US Chamber’s International IP Index. In addition to this, the country is still in the US’s priority list. Due to this, there are some trade barriers with US companies on account of IP laws of other countries.

Putting beside the trade barriers, it requires the smooth and active cooperation of the US and India, which can improve the flow of IPR systems. Similar MoU has also been conducted with other countries. However, considering India and the US, the agreement is important as has been stated by a senior official. However, the agreement took place after the Department of Promotion of Industry and Internal Trade decided to review IPR laws.

Another official stated that the MoU is a type of learning exercise. The time of the agreement is decided across the whole IPR program that includes the copyrights and patent issues without being specific to any of the sectors. The official further added that it does not require any law. Along with this, it will have training sessions in which concerned officials have to travel to each of the countries to study the condition of its IPR system.

The MoU has no connection with a legal commitment by the country as has been stated by experts, India needs to be careful as the US is trying to push India to withdraw Section 3 (d) of Indian Patents Act. The patent is relating to items that have little to no difference compared to its older version. It is also obstructed in case of compulsory license that involves the manufactured copies of the drugs that will help address problems of emergency. This is done as per has been stated in the trade rules.

Last year, the US was of the opinion that India does not have an effective system that can look after the unfair practices of commercial items. Also, it cannot protect any unauthorized disclosure or data or generate data as a means of better marketing strategies for the agricultural and pharma based items.

Trending Blogs

Trademarking surnames

Having difficult surnames may be challenging to explain others and also when you want to register the name as trademark. As per the trademark and merchandise act of 1958, it is stated that a mark can be refused if one choose a personal name or surname. Though, there is no such clear specification in the […]

Alibaba IPR Report Shows Ideal Brand Protection Program

As per sources, e-commerce giant, Alibaba group has successfully gained success using intellectual property rights-protection. The giant has been able to offer quality service due to well integration of the latest technological improvements coupled with partnerships with top-rated brands. Also, external stakeholders assisted the giant in offering quality service to proactively monitor, go through rights-holders […]

Delhi HC’s Ex Parte Order in Coca-Cola Company & Anr vs Glacier Water Industries Ltd.

This is a case of a Delhi High court ex parte proceeding concerning trademark dilution. The plaintiff filed a suit seeking a permanent injunction, damages and to restrain them from passing off their products as that of the plaintiff. The plaintiff also pleaded the court to restrain the defendants from using the mark ‘KINLEY’ and […]

Celebrity Rights – Public, Private or Intellectual Property

Celebrity lives are mostly public these days through different sources but they too want to maintain certain privacy. This has triggered the need to maintain celebrity rights on different properties. There are several company options that are selling products with celebrity faces from bags to soaps to cosmetics to many others. It requires suitable celebrity […]

PTAB Should Not Disapprove Claims on the Grounds of Indefiniteness in IPR

Federal Circuit has disapproved of arguments of claims that show any reason other than anticipation pertaining to party procedures. Federal Circuit has rejected the challenge shown by Samsung Electronics America, Inc. The company challenged that PTAB can disapprove claims that are considered indefinite in IPR. Samsung has been charged on the grounds of infringing U.S. […]

Protection Folklores India Intellectual Property Rights

India is a land of diversity when it comes to folk and ethnic culture with hundreds of ethnic, linguistic and religious groups with diverse origins and lifestyles that, over time, intermingled in part and remained untouched in parts over centuries. Perception about folklore differs in India, mainly associated with tribals and simple rural people, rather […]

Color Trademarks in the Pharmaceutical Industry

The trademarks are vital part of company goods or service and with help of trademark; the consumers are able to identify the business better. Before deciding the correct trademark option for pharmaceutical industry, it is necessary to check for its existence. If any similar one is already present in the trademark database, it is better […]

Evaluation Intellectual Property Rights

Intellectual property has always existed since the dawn of time but there were no laws in place for their protection. Intellectual property is intangible asset, be it music, creative writing, arts, discoveries, inventions and development of unique words, symbols and artwork. Intellectual property rights is a generic term that covers copyright, industrial design, trade secrets, […]

Intellectual Property and its Role in the Pharmaceutical Industry

Intellectual property rights are considered to be an important asset of any corporate unit. It is an indication of the creation of mind and the work that makes one entity different from the other. With better IP or intellectual rights, it would be easy to promote the possible innovations and this would be useful in […]

Patents – An Important Tool for Pharmaceutical Industry

For suitable protection of medical inventions, patents are the perfect option. This would also safeguard medical discoveries that are research-based and it is done by most of the pharmaceutical companies. In return for the protection offered by the patent, it can disclose the research used in coming up with the medical innovation in the pharmaceutical […]