Licenses in Indian policy- Intellectual Property Rights

The MNRE or Ministry of New and Renewable Energy is the nodal minister of the Indian government and responsible for entire matters associated with renewable and new energy. The ministry works with the main aim to deploy and develop renewable and latest energy for supporting the energy needs of the country.

  • CASE ( Commission for additional sources of energy) in 1981
  • DNES (Department of non-conventional energy sources) in 1982
  • MNES (Ministry of non-conventional energy sources) in 1992
  • MNES (Ministry of non-conventional energy sources) renamed as MNRE (Ministry of new and renewable energy) in 2006

The part of renewable and new energy has been gaining increasing importance in recent years with the growing anxiety for the energy security of the country. Energy self-sufficiency has been determined as an important driver for renewable and new energy.

India remains on the priority watch list of USTR for IPR violations
In a recent report, it has been stated that the United States will carry on monitoring developments and also engage along with trading partners.

India would continue to stay on Priority Watch List of the United States for alleged desecrations of IPR (intellectual property rights) and for pretending new challenges which have negatively affected right holders of America in the last year.

Patent filing policies of United States Businesses in India

The United States Trade Representative or USTR said that they identified 11 countries in its report, and it includes India. The Priority Watch List also covers other countries like Venezuela, Saudi Arabia, Indonesia, Russia, and China. It has listed 25 countries which include Turkey and Pakistan on the list.

The United States said in a report that these countries would be focused on increased bilateral commitment with the United States Trade Representative to address IP or intellectual property concerns.

In the last year, India has taken several steps to determine intellectual property rights and challenges and also promote IP enforcement and protection. But still, several actions were not converted into the best benefits for creators and innovators, and yet, prolonged waiting deficiencies exist.

India is said to be one of the most challenging vital economies in the world in terms of enforcement and protection of IP.

In the forthcoming weeks, the United States Trade Representative would monitor the developments in regards to the benchmarks created in the special 301 responsibility plans for countries which have been listed under Urgency Watch List for several years.

If the countries fail to find the US concerns, then the United States Trade Representative will take necessary actions like enforcement actions as per Trade Act Section 301 or pursuant to WTO (world trade organization) or other trade arrangement dispute settlement methods. These are important to face unfair trade methods and to make sure the trading members go through international commitments.

The United States Trade Representative commented that several US organizations in India had faced long-time IP challenges. It includes companies that are challenging for innovators to maintain and receive patents in their country specifically for pharmaceuticals, inadequate enforcement activities, copyright policies which do not incentivize the commercialization and creation of content, and insufficient and outdated trade mysteries legal framework.

Apart from the long list of concerns, India has also limited transparency of details offered on state allotted pharmaceutical manufacturing licenses. It has even extended the registration of patentability exclusions to cast-off pharmaceutical patents.

Moreover, India has also missed a chance to create an effective system for safeguarding against partial commercial use and also unauthorized disclosure to get marketing approval for particular agricultural chemical products.

As a warning to various countries along with India, the United States Trade Representative has announced to maintain predictability and integrity of IP systems. The government should utilize compulsory licenses only in extremely required situations and make efforts to get authorization from the owner of the patent. They should get authorization on reasonable terms and conditions.

The licenses should not be utilized as an instrument to devise an industrial policy that includes offering benefits to domestic companies and as undue influence in pricing negotiations between right holders and the governments.
It also added that it is important that foreign governments make sure due process and transparency in all the actions associated with compulsory licenses.

About Lakshmi Priyanka R

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