India and US Sign MoU on Intellectual Property

Context: 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.

Background: 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.

Areas of Cooperation In 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.

Challenges for The MoU

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.

Connecting the Article

Question for Prelims : Which of the following statements regarding World Intellectual Property Rights is/are correct ?

1. It is specialized body of the UN.
2. All members of the UN are its members.
3. It releases Global Innovation Index.

Select the correct answer using the code given below:

(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3

Question for Mains : What are the key issues which would address by the National IPR Policy of 2016 ? What implication would have on innovation and industrialization in India by the recently signed MoU on Intellectual Property between India and US ?