News Excerpt
The International IP Index 2020 has been released recently by the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC).

Pre-Connect
•    The Index evaluates the IP framework in each economy across 50 unique indicators.
•    The indicators create a snapshot of an economy’s overall IP ecosystem and span nine categories of protection: patents, copyrights, trademarks, design rights, trade secrets, commercialization of IP assets, enforcement, systemic efficiency, and membership and ratification of international treaties.


Key Finding of the Index
    IP remained at the crux of the China trade dispute. The US and China signed a Phase One trade agreement in 2020. The agreement includes reforms to better protect against trade secrets theft, pharmaceutical-related IP and patent infringement, and bad faith trademarks.
    Several emerging markets made progress towards implementing a range of pro-IP measures in order to attract investment.
    Developed and developing economies alike are undermining biopharmaceutical innovation, which reduces access to life-saving medicines and technologies and is the wrong approach to address health care costs.
    Recent free trade agreements (FTAs) have failed to strengthen global IP standards. Future agreements must do more to raise the bar for IP protection.
    Emerging markets are increasingly using international treaties to signal that their economies are willing to engage and abide by international IP standards.


Analytica
Where India stands?
India ranked 40 out of 53 countries. Though rank of India has reduced from 36th place in seventh edition (2019), India’s overall score has increased in the eighth edition (2020).
Where India Scored?
    Continued strong efforts to combat copyright piracy through the 2019 issuing of “dynamic injunction” orders.
    2019 precedent-setting case laws on online trademark infringement and damages.
    Generous R&D and IP-based incentive.
    Global leader on targeted administrative incentives for the creation and use of IP assets for SMEs.
    Strong awareness-raising efforts on the negative impacts of piracy and counterfeiting.

Where India Lags?
    Barriers to licensing and technology transfer, including strict registration requirements.
    Limited framework for the protection of biopharmaceutical IP rights.
    Patentability requirements outside international standards.
    No patent term restoration for biopharmaceuticals.
    Lengthy pre-grant opposition proceedings.
    Previously used compulsory licensing for commercial and non-emergency situations.
    Limited participation in international treaties.

Conclusion
Since the release of the 2016 National IPR policy, the government of India has made a focused effort to support investments in innovation and creativity through increasingly robust IP protection and enforcement. To continue this upward trajectory, much more work remains to be done to introduce transformative change to India’s overall IP framework and take serious step to consistently implement strong IP standards. This will further solidify India's position as the world’s fastest-growing economy, bolstering its reputation as a destination for doing business, to invest and to make in India, thereby supporting the growth of India’s own innovative and creative industries.


Global Innovation Policy Center (GIPC)
The U.S. Chamber of Commerce’s Global Innovation Policy Center is working around the world to champion innovation and creativity through intellectual property standards that create jobs, save lives, advance global economic and cultural prosperity, and generate breakthrough solutions to global challenges.
Goals:
    Provide world leaders, academia, industry experts, and the general public the authoritative business voice on innovation policy.
    Ensure domestic and international legislation, trade agreement negotiations and multilateral discussions, foster a healthy global innovation and creative environment.
    Bring together IP stakeholders at all levels – from governments to grassroots – to develop solutions together.

Fact Box
§    The US tops the scorecard with 95.28%.
§    UK ranked second with 93.92%.
§    India Stands at 40th place.

PEPPER IT WITH
2016 National IPR policy, The Patents (Amendment) Rules 2016, The "Copyright Act, WTO TRIPS, Berne convention


Why do countries need IP?
     IP drives Economy’s Growth and competitiveness.
     Strong and Enforced IP rights protect consumers and Families.
     IP helps generate breakthrough solutions to Global challenges.
     IP rights Encourage Innovation and Reward Entrepreneurs.
     IP Property Creates and Supports high-paying

Compulsory Licensing
    It is when a government allows someone else to produce a patented product or process without the consent of the patent owner or plans to use the patent-protected invention itself.
    It’s when the generic copy is produced mainly for the domestic market, not for export.
    It is granted in accordance to WTO’s agreement on intellectual property — the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement, which took effect in 1995.
    The patent owner still has rights over the patent, including a right to be paid for copies of the products made under the compulsory license.
    The TRIPS Agreement does not specifically list the reasons that might be used to justify compulsory licensing. So, existence of a health emergency is not a pre-requisite.
    In 2012 India granted compulsory license to Natco Pharma for the generic production of Bayer Corporation's Nexavar, a life-saving medicine used for treating Liver and Kidney Cancer.