IN INDIA INTELLECTUAL PROPERTY RIGHTS (IPR)

As was the case with China , India too showed signs of resistance to quick enforcement of Intellectual Property Rights ( IPR ) protection laws as demanded by the developed counties , particularly the US . China could get away on grounds that it is not a member of the WTO ,but India was required to comply . Under the terms of the WTO , India is required to implement WTO – Standard IPR protection laws by 2005 . It must be acknowledged that there has been remarkable progress in IPR protection in the field of software and cinema products .

India’s general argument was that it does acknowledge in principle the case for strict IPR protection but this can be done only in phases suited by its own ground reality . The reality is that absence of international  IPR protection for some decades has spawned employment for millions , so an overnight clampdown on IPR  violators would foment social unrest .

However , under pressure from its own domestic industry & the United States India strengthened its copyright law in May 1994 , placing it at par with international practice . The new law , which entered into force in May , 1995 fully reflects the provisions of the Berne Convention on copyrights to which India is a party .

Trademark protection is considered good by the US authorities , and could be raised to International  standards with the passage of a new trademark bill that codifies existing court decisions on the use and protection of foreign trademarks , including service marks . The bill was first introduced in 1995 but failed to win parliamentary approval . Passage of the trademark  bill is expected in 1998 .

India’s patent protection  is weak and has especially adverse effects on international pharmaceutical and chemical firms . The Indian govt. has formed an advisory committee to recommend changes in the 1997 India Patents Acts . The final  panel report on this case was issued in August 1997 , and ruled that India has failed to meet its obligations under the TRIPS agreement .

Indian officials have pledged to introduce another bill in parliament which , if passed , will put India in compliance with its TRIPS obligations .

The bottom line is that India consider itself a responsible member of the WTO which suggests that international class IPR protection should be in place by 2005