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

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 […]

Voluntary Cancellation of Trademark Registration

Trademark registration is a timely affair for 10 years, and it is registered as per the Trademark Act, 1999. There are certain rules and laws pertaining to trademarking a symbol for a brand. A proprietor can get a symbol, phrase of the word, or equivalent trademarked to be used for the brand. But there are […]

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 […]

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 […]

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 […]

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 […]

Intellectual Property Rights in the Era of Counterfeit Goods

The industry of counterfeited products has taken shape due to the desire of customers to get hands-on high quality item at reasonable rates. They have great satisfaction in this and this is where the counterfeited goods are made available in the market. Different world markets are full of counterfeited products ranging from cosmetics, electronics, footwear, […]

Artificial Intelligence and Intellectual Property Law

What is Artificial Intelligence? The division of Science which deals with making machines equipped with human-like intelligence to act in human-like fashion and the exhibit human capabilities is known as Artificial Intelligence (AI). Multiple disciplines like Computer Science, Psychology, Philosophy, Sociology, Mathematics, Biology and Neuron Science contribute to the development of AI. Benefits Of AI […]

Lack of Music Publishing Knowledge Robbing Indian Artists of their Rights

In India there has been a lack of knowledge regarding publishing music. It can be said that a large part of publishing an art for is still unexplored. It is not about the common people but the artists and the music companies are oblivious towards it. At the initial stage due to lack of knowledge […]

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, […]