What is the intellectual property MoU between India and the US, and how will it help?
Abstract: India and US will draw up a biennial work
plan to implement the Memorandum of Understanding which will include detailed
planning for carrying out co-operation activities, including the scope of
action.
The Union Cabinet, earlier this year, had approved signing of the MoU between the Department for Promotion of Industry and Internal Trade (DPIIT) and the United States Patent and Trademark Office (USPTO). Both sides have sign an MoU to increase cooperation in the field of intellectual property (IP) by facilitating exchange and dissemination of best practices, collaboration in training programs and outreach activities.
DPIIT Secretary Guruprasad Mohapatra and Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director, USPTO conducted a virtual signing ceremony for the MoU.
The
MoU aims at increasing IP co-operation between the two countries by way of
facilitating exchange and dissemination of best practices, including
collaboration in training programs, exchange of experts ideas, exchange of
information and best practices on processes for registration and examination of
applications for patents, trademarks, copyrights, geographical indications, and
industrial designs, as well as the protection, enforcement and use of IP
rights. Broadly the areas of agreement in the MoU can be categorize as follow -
·
It
will facilitate the exchange and dissemination of best practices, experiences
and knowledge on IP among the public as well as between and among the industry,
universities, research and development (R&D) organisations and Small and
Medium-sized Enterprises (SMEs). This will happen through their participation
in programs and events that are singly or jointly organised by the
participants.
·
It
is also expected to encourage collaboration in training programs, exchange of
experts, technical exchanges and outreach activities.
·
It
will provides for the exchange of information and best practices on processes
for registration and examination of applications for patents, trademarks,
copyrights, geographical indications, and industrial designs, as well as the
protection, enforcement and use of IP rights.
·
It
also provides for the exchange of information on the development and
implementation of automation and modernisation projects, new documentation and
information systems in IP and procedures for management of IP office services.
·
It
is also expected to foster their cooperation to understand various issues
related to traditional knowledge and the exchange of best practices, including
those related to traditional knowledge databases and awareness raising on the
use of existing IP systems to protect traditional knowledge.
Although,
The two sides will draw up a biennial work plan to implement the MoU, including
detailed planning to carry out the cooperation activities like the scope of
action.
Earlier this year, the United States Trade Representative (USTR), released its Annual Special 301 Report, in which India was put on ‘Priority Watch List’. The United States Trade Representative Authority said that India has lack of adequate intellectual property (IP) rights protection and enforcement.
India
remained one of the most challenging economies for IP enforcement and
protection, the report further added, using language it has used previously.
Algeria,
Argentina, Chile, China, Indonesia, Russia, Saudi Arabia, Ukraine and Venezuela
are also on the Priority Watch List. While India made “meaningful progress” to
enhance IP protection and enforcement in some areas over the past year, it did
not resolve recent and long-standing challenges, and created new ones, the
report said. The same assessment was made in the 2019 report.
Conclusion
The MoU will go a long way in fostering the cooperation between India and USA, and provide opportunities to both countries to learn from the experience of each other, especially in terms of best practices followed in the other country. It will be a landmark step forward in India’s journey towards becoming a major player in global innovation and will further the objectives of National IPR Policy, 2016.
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