[Commons-Law] India's IPR regime weak: U.S. report (Special 301 Report)

[Prashant Iyengar]

http://www.thehindu.com/2005/04/30/stories/2005043011451300.htm

International

India's IPR regime weak: U.S. report

Sridhar Krishnaswami

WASHINGTON: Although India has improved the intellectual property rights (IPR) 
regime in "some respects," many areas remain weak "in part due to inadequate 
laws and to ineffective enforcement" and hence will continue to remain on the 
Priority Watch List, the United States Trade Representative (USTR) has said 
in its Special 301 Report. It also saw the need for "significant 
improvements" in the realm of intellectual property rights around the world 
and has elevated China to the Priority Watch List. "India took a significant 
step to improve its patent protection regime this year with a passage of a 
new patent amendment," the Acting USTR, Peter Allgeier, said in a news 
release. "We will closely monitor implementation of the amendment and we are 
considering actions that would acknowledge progress in this area," he said. 
The report said India took a significant positive step toward strengthening 
patent protection when it promulgated a temporary Patent Amendment Ordinance 
in 2004 and then passed permanent legislation in 2005, but the American 
pharmaceutical industry has reported shortcomings "that we hope India will 
correct." For instance it has said that the new law does not permit holders 
of patents that will issue from "mailbox" applications "to enforce their 
rights with respect to generic copies that continue to be marketed on the 
date that the patent is granted."The extent to which India's patent 
legislation satisfied the country's TRIPS commitments was under review.

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