US Chamber Asks India to Tweak IPR Policy

Abstract

This article is on the most recent International Intellectual Property Rights ranking published by the US Chamber of Commerce, India has dropped to position 43. Out of 55 nations, India is placed in 43rd position for 2022. In 2021, it held the 40th spot on the index.

In the fast-growing world, people are developing, developing, and transforming things around them. Creative ideas and innovative methods are important because "good different" (if it's a term) is in trend. People are attracted by different and innovative ideas. Due to this, the fashion, music, food, IT, and even farming industries changed. A person's intellectual thoughts and ideas started having monetary value. As the need for innovation and ideas arose, the number of people in this field of employment grew. And when different people get into creating bases in one industry, conflicts may arise. These conflicts can be about credits of creating big or even small things. For e.g., a logo, a picture, a story, a hook line, a presentation, a type of content, a product, or even a style. To protect the original creators and innovators from breach of their rights to use their innovation just by someone who they would want them to use, IPR laws were created.

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The National Intellectual Property Rights (IPR) Policy was adopted in 2016 by the Ministry of Commerce's Directorate for Promotion of Industry and Internal Trade (DPIIT). "Creative India; Innovative India" is the core objective of the policy. The policy covers all types of intellectual property, which establishes an administrative framework for implementation and assessment and aims to foster collaboration with other agencies. The Cell for IPR Promotion & Management (CIPAM) within DPIIT is the single point of reference for carrying out the policy. DPIIT is the focal department for IPR development in India. When it was formed, The US Chamber of Commerce applauded India's new IPR policy and expressed the hope that it would serve as a "precursor" to the "concrete, structural" adjustments needed to implement a potent innovation model.

The Global Innovation Policy Centre of the US Chamber of Commerce created the IPR index, which is closely watched by the Indian government. According to the index's findings, a slew of domestic and foreign proposals threaten to weaken intellectual property (IP) rights. The yearly international IP index rates the level of IP rights protection in 55 of the most developed nations, which together account for almost 90% of the world's GDP. Everything from copyright and patent restrictions to the report's capacity to monetize is covered. The paper covers a wide range of topics, including international agreement ratification, patent and copyright regulations, as well as the capacity to monetize IP assets. By examining the IP landscape in international markets, the index aims to direct countries toward an economic future that is more promising and characterized by increased innovation, creativity, and competitiveness. According to Patrick Kilbride, senior vice president of the US Chamber of Commerce's Global Innovation Policy Centre, which produces the annual report, "India is ripe to become a leader for emerging markets seeking to transform their economies through IP-driven innovation" as its size and economic influence on the global level increase. "India has taken steps to improve enforcement against copyright-infringing content and provides a best-in-class framework to promote better understanding and utilization of IP assets. However, addressing long-standing gaps in its IP framework will be critical to India's ability to create a new model for the region and India's continued economic growth," said Kilbride.

Getting back to the news, we see that the ranking of India in the IPR ranking is deteriorating. To know the reason, we will have to look at the flaws in the IPR laws of India-

1. Some of these flaws include:

2. Lengthy and complex legal procedures:

3. Lack of awareness and education

4. Weak enforcement mechanisms

5. Inadequate protection for traditional knowledge

6. Ambiguity in patent laws

7. Overlapping of jurisdictions

These are just some of the flaws which can be worked upon to make IPR laws better in India. As the laws are daily being amended, scope of improvement in laws and subsequently in rankings are high.

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*This article is authored by Chetna Gupta, Student from Symbiosis Law School, Noida and reviewed by Suryatej Singh Tanwar, Student from Symbiosis Law School, Noida.