India Second from Bottom on Intellectual Property Index

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Only Venezuala scored lower than India, out of 38 countries, in the US Chamber of Commerce’s International Intellectual Property Index.

The US was in first place, followed by the UK and Germany. France and Sweden completed the top five. The 38 economies in the index account for nearly 85% of the world’s GDP.

The index is based on 30 criteria, particularly patent, copyright and trademark protections, enforcement, and engagement in international treaties.

While Prime Minister Modi is keen on strengthening India’s intellectual property environment, the report stated that Indian law does not provide adequate enforcement mechanisms to effectively combat online piracy. India’s score would have increased if the government had not suspended implementation of Final Guidelines for Computer Related Inventions (CRI), according to the report. India’s key areas of weakness was the use of compulsory licensing (CL) for commercial and non-emergency situations, and the expanded use of CL being considered by the Indian government. Another area of weakness was “poor application and enforcement of civil remedies and criminal penalties.”

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The report said Brazil, China, India, Indonesia, and Russia introduced or maintained policies that tie market access to sharing of IP and technology. Such forced-localization policies tend to undermine the overall innovation ecosystem and deter investment from foreign IP-intensive entities, it said.

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