India has reacted sharply to US' action of putting it on the ‘Priority Watch List' for protection and enforcement of intellectual property rights (IPR). India is among 13 countries, along with China, Russia, Argentina and Pakistan, that have been placed on the list, published in the US Trade Representative's 2012 Special 301 Report.
‘UNILATERAL MEASURE'
The Commerce and Industry Minister, Mr Anand Sharma, in a letter to the Ambassador, Mr Ronald Kirk, said: “This unilateral measure taken by the US is unfortunate and unjustified. I would like to mention that India has been found to be compliant with all WTO regulations, including the TRIPS Agreement, in the recent review of the India Trade Policy carried out in the WTO.”
He said India had maintained a stable intellectual property regime that was fully TRIPS-compliant and had a strong enforcement mechanism in place. Many steps have been taken in recent times to improve efficiency and transparency in the country's intellectual property regime and to accede to the Madrid Protocol.
“I may also mention that the legal developments in the copyright field are at an advanced stage and are awaiting the required Parliamentary approvals,” he added.
The Minister said the intellectual property regime in India would continue to be responsive to the country's needs, especially on public health issues, within the flexibilities available to it under TRIPS. The application of law will be equal across residents of all countries, including India, he added.
Mr Sharma requested the US to have a comprehensive re-look at India's intellectual property regime with an open mind. He said the Indian Government would be happy to discuss any concerns on the matter.
Challenge of Net piracy
The report, with the seal of the executive office of the US President, said India remained on the Priority Watch List in 2012. India made limited progress on IPR protection and enforcement in 2011, and its legal framework and enforcement system remain weak.
The challenge of piracy over the Internet continues to grow, but the Copyright (Amendment) Bill 2010, which proposed partial implementation of WIPO Internet Treaties and other reforms, appears to have stalled, it said.
The US continues to encourage India to promote a stable and predictable patent system that can nurture domestic innovation.