America
US keen India values IPR: Expert Patrick Kilbride (Interview)
By
Aparajita GuptaNew Delhi, Sep 20
As Prime Minister Narendra
Modi prepares for his US visit from Sep 23 to 28, industry there is
keenly awaiting to hear from his Team India's stand on intellectual
property rights (IPR). This has been a major irritant in boosting
economic ties between the two nations, says Patrick Kilbride, executive
director of the US Chamber's Global Intellectual Property Center, which
seeks to safeguard intellectual property rights.
In an e-mail
interview with IANS, Kilbride says USA Inc was particularly interested
in some movement forward in India on issues such as legislative changes,
pharmaceuticals patenting, enforcement and compulsory licensing.
Excerpts from the interview:
Q:
What are the key things in IPR-related issues that will be watched
during Indian Prime Minister Narendra Modi's visit to the US?
A:
The upcoming visit of Prime Minister Modi to the US and his interactions
with our innovative industries will provide him with a better
understanding of the importance of IPR to US industries. We hope that
this appreciation will be reflected in the policies India adopts and
implements to promote innovation and manufacturing in India.
We
are hopeful a dialogue between the US and Indian government on IPR
issues yields positive, definitive outcomes in the near future and that
the resolution of issues will provide significant opportunities for
collaboration and engagement between US and Indian industries.
Q: What are the three key things India should do in the IPR space to make it more flexible?
A:
We urge the Indian government to take the necessary steps to create an
IPR environment which provides innovators and creators with the ability
to effectively protect and enforce their intellectual property rights. A
predictable system will ultimately encourage the investments required
to grow India's innovative industries.
A credible first step to
achieving a strong and flexible IPR system is to address gaps or
deficiencies in the existing legal framework which would include, for
example, addressing deficiencies in the current Indian Copyright Act to
combat online piracy, circumvention of technological protection measures
and the illegal cam-cording of films.
Likewise, India can put
itself in a global leadership position on an issue that will be critical
to its own competitiveness by enacting meaningful legislation to
protect trade secrets. Innovation in high technology industries must be
supported, and not discouraged, by the Indian Patents Act. The recent
release of the patent examination guidelines, confirming the scope of
patentability for computer-related inventions, was a welcome development
and will catalyze innovation in the ICT sector.
To further
encourage innovation, the Indian government can clarify the scope and
application of the Patents Act, especially in relation to Section 3(d).
It continues to deny patents for innovative and beneficial
pharmaceutical products -- the same products which enjoy patent
protection around the world. To drive innovation in the pharmaceutical
and biotechnology sectors India will want to bring its patentability
requirements in line with the rest of the international community.
Finally,
India must address the weaknesses in its enforcement system which is
routinely described as ineffective. Credible enforcement is required as a
deterrent to infringement, piracy, and counterfeiting. The
implementation of judicial reform proposals recommending specialized
courts or benches and the imposition of deterrent penalties will greatly
improve the effectiveness of the current enforcement system.
Q:
What do you think of India's position regarding compulsory licensing,
under which governments can allow someone else to produce a patented
product or process without the consent of its owner?
A: We
respect the right of India to exercise its right to use compulsory
licences under appropriate circumstances under multilateral pacts.
However, India's grant of its first compulsory licence in 2012 followed
by extensive internal discussions to expand the use of compulsory
licences to access the newest generation of cancer drugs sent a very
negative signal to all innovative industries.
Compulsory licences
should only be used in exigent, or the rarest of, circumstances -- not
as a matter of course. The Indian government's policy on the use of
compulsory licencing has negatively impacted the US-India bilateral
relationship and made US industries, which rely on patents as key
business assets, hesitant to enter or make further investments in the
Indian market. To achieve the broad goals of the "Make in India"
campaign and make India a research and development hub, the Indian
government must once and for all remove the looming spectre of
compulsory licences as a routine policy tool.
Q: India's norms on
clinical trials are not always liked in the US. Do you think it is
going to change with the new draft policy?
A: While a clinical
trials policy is not a part of the IPR discussions, this policy has also
negatively impacted the industry. Both domestic and foreign companies
are aligned in their concerns about the policy and the delays in its
announcement and implementation. In real terms, India has lost ground as
a site for clinical trials and it will be difficult to make it up. The
unpredictability of the clinical trial system in India and the
indecisiveness of the Indian government have shaken the confidence of
the industry. This is yet another area where clarity in policy could
yield positive results.
Q: Is the awareness of IPR enough in India?
A:
Awareness of IPR is rarely enough. However, efforts to raise IPR
awareness are critical to creating a positive IPR culture. IPR systems
empower a society in many ways which are underappreciated. In the US,
with a system that is widely perceived to be very supportive of
innovators, more than one-third of the GDP, and a similar percentage of
employment, is based in IP-intensive industries. While we don't have a
similar study in India, we can logically assume that the media,
entertainment and software industries equally contribute to India's
economic competitiveness and job growth. As public awareness of IPR
continues to grow, we would anticipate two outcomes: A) it will
stimulate innovation and creativity in India and B) it will discourage
counterfeiting and piracy as the public accepts and respects
intellectual property rights.
(Aparajita Gupta can be reached at [email protected])