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

Domain Name Disputes in India

Domain Name As Trademarks A domain name which is unique, capable of identifying itself and distinguishing its goods and services from those of others and acts as a reliable source identifier of concerned goods and services on the internet may be registered as a trademark. Domain Name Disputes A domain name dispute would arise when […]

Copyrights of Music in India

Music is an art more specifically an intangible form of art. Copyrighting a song or a melody protects the basic right of the creator. The copyright also assist the creator financially. In order to ask for copyright the creator needs to file a registration. Once the creator gains the copyright, any infringement to the copyrighted […]

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 […]

Well Known Trademark And Indian Law

What is well-known trademark? As per new Trade Mark Rules 2017, a new procedure has been created that allows the Registrar to proclaim a particular trademark as “well known”. Section 2(1)(zg) Of The Trademark Act, 1999 states that well- known trademark is a mark which has become well known to the section of the public […]

Why Is Protection of Geographical Indication or Designation of Origin Essential?

Having knowing regarding geographical indication along with designation of origin is something that is of great need these days. Geographical indication or GI indicates a symbol, name or sign relating to a product that corresponds to a definite geographical origin, product’s features, qualities that are due from the origin. To make a sign work as […]

Breaking News: Toyota Loses Trademark Battle over Prius at Indian Supreme Court

The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”. According to the finding of the court, two of the three trademarks mentioned, namely Toyota and […]

Can Religious Symbols Be Registered As Trademarks?

Are you planning to register religious symbols as trademarks? Well, you should research thoroughly to understand the use of religious symbols as trademarks. You have to consider the sentiments of people before you plan to use regions symbol for your business. India being a secular country encourages different citizen follows different religions, practicing it and […]

Fluid Trademarks

Fluid mark is often thought of as a conventional mark which can be converted to a living form with some specific representation. In other words, fluid trademark is a modern method of branding that shall help achieve success easily in this digital era. As per the name, the mark tends to change with time. This […]

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 […]

Why Are Drug Patents Important Everything You Need to Know?

Before you ask for the importance of patent in the Pharmaceutical world, let us first learn about Patents. After a song is recorder, the song is approached by various music production companies who would like to rent the copyright of the song for marketing purpose and earn profit from it. And patent is almost similar, […]