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

The Common Law Protection Of Trade Secrets And The Need For A Statue

Introduction: A trade secret is anything you use in your business that gives you an advantage over your competitors. A trade secret can be a recipe, process, formula, strategy, technique or device that your competitors do not know, do not have, and cannot use. With development in technology, as well as the ease of sharing, […]

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, […]

Blockchain Technology: Is it Building a Brighter Future

What is Blockchain Technology? The Blockchain is an incorruptible digital ledger of transactions that can be programmed to record virtually everything of value. So a blockchain is a continuously growing list of records called blocks, which are linked and secured. It protects the identities of the users. Although transactions on the blockchain are not completely […]

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. […]

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 […]

These days, there is an increased use of smartphones, computers and tablets and multimedia has shown its great influence in our lives. In the digital world, there are several works used by us. Have you thought whose work are we using? Well, none of us have tried to find out the owner of the work […]

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 […]

Music Law 101: What Does Copyright Law Protect?

Music Law 101 is all about protecting different musical works along with sound recordings to its original creator. As copyright can be a confusing part, it is better to know what all it protects so that it becomes easy. It is known that each piece of recording has two types of copyrights. First, it protects […]

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 […]

3D Printing and IPR

The three-dimensional or 3D printing service is different from the traditional way of manufacturing. In the 3D process, objects are created layer wise to get the desired three dimensional impacts. Since the inception of this latest idea in 1980s, it has gone through several changes in the technology used. This requires use of different production […]