IPR regime in India still weak: U.S.

Monday, 05 May 2003, 19:30 IST
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The U.S. Trade Representative (USTR) says India's Intellectual Property Rights protections remain weak and India continues to be listed on the "Priority Watch List".

WASHINGTON: "Indian intellectual property protection continues to be weak. There are some tenuous first signs the situation may be changing, as witnessed by the passage of long-awaited patent law amendments in May 2002," says the 2003 Special 301 Report. "However, this law still appears to contain several TRIPS (Trade Related Intellectual Property) inconsistencies." USTR Robert B. Zoellick Friday announced the results of the 2003 "Special 301" annual review, which examined in detail the adequacy and effectiveness of intellectual property protection in 74 countries. Ukraine was the greatest offender, Zoellick indicated and was classified as a Priority Foreign Country. China came under Section 306 country, and Pakistan under the "Watch List," along with many other countries. India was one of 11 countries under the Priority Watch List. In addition to the IPR complaints on India, the USTR said: "Piracy of copyrighted works remains a problem, particularly popular fiction works and certain textbooks, and protection of foreign trademarks remains difficult." The USTR recommended that "India should adopt immediately amendments to its copyright law fully and correctly implementing the WIPO Internet Treaties and correcting TRIPS deficiencies in its protection of computer software." Counterfeiting was "rife" in India, the report said, particularly in the auto, pharmaceutical, consumer goods and apparel industries. "Particularly troubling are extensive public health and safety risks posed by counterfeit medicines and auto parts. To make matters worse, a major problem is India's export of counterfeit goods to the Middle East, southern Africa and Europe," the USTR asserted. "While the U.S. is encouraged by the Indian government's recent statements, especially concerning the implementation of data exclusivity regulations, action has yet to be been taken," it added. "We urge the Indian government to issue data protection regulations that reflect the internationally recognised standard of protection for undisclosed test data and to ratify and implement the two WIPO Internet Treaties." Ukraine will continue to be designated a Priority Foreign Country and the $75 million worth of sanctions imposed on Ukrainian products in January 2002 will remain in place, USTR said. The Special 301 report addresses significant concerns with respect to such trading partners as Brazil, the Bahamas, Mexico, India, Indonesia, South Korea, Lebanon, Taiwan, Poland, the Philippines, Russia, European Union and members of the Andean Community. In addition, the report notes that the U.S. will consider all options, including but not limited to initiation of dispute settlement consultations, with countries that do not appear to have implemented fully their obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). In this year's review, USTR devotes special attention to the growing issue of counterfeiting and piracy, with particular emphasis on the campaign to reduce production of unauthorized copies of "optical media" products such as CDs, VCDs, DVDs, and CD-ROMs. Counterfeiting of trademarked goods was an increasing problem in many countries, including China, Paraguay, Poland, the Philippines, Russia, Vietnam, and Turkey, the report noted. In addition, USTR continues to focus on other critically important issues including Internet piracy, proper implementation of the TRIPS Agreement by developing country WTO Members and full implementation of TRIPS standards by new WTO Members at the time of their accession.
Source: IANS