ITIF Event Highlights Intellectual Property Challenges in India

On May 30, 2014, the Information Technology & Innovation Foundation (ITIF) held a briefing on Capitol Hill to discuss its latest report on the state of India’s economy, “The Indian Economy at a Crossroads.”

The briefing highlighted the challenges India faces in becoming economically stable.  Citizens Against Government Waste reported on India’s efforts to improve its economic standing by rescinding or denying patents on pharmaceuticals and other products in order to allow the manufacture of these products within the country at a lower cost.  According to the Global Intellectual Property Center (GIPC), India ranks last on its list of countries that have intellectual property protections.  Speaking at the briefing, GIPC Executive Vice President Mark Elliot stated that India’s low rankings on protecting copyrights, patents, intellectual property, trade secrets and market access, trademarks and following international treaties contributed to the countries low score of 6.95 out of 30 possible points on the GIPC International IP Index.  Also speaking at the ITIF event, Representative Ami Bera (D-Calif.) suggested that companies would like to invest in India, but need to know India’s rules of engagement and have predictability first.  

The ITIF report was critical of India’s use of “innovation mercantilist measures” that force companies to abide by rules that offer public procurement of information and communication technology products, compulsory licensing of foreign bio-pharmaceutical intellectual property, and restrictions on market access and direct foreign investments in e-commerce, retail and financial services.  The report recommends changes India could implement relating to protecting intellectual property that could help the country achieve improved economic stability and growth. 

 Given India’s track record, the path to improved protection of intellectual property rights will not be smooth or easy.  Moving forward, the federal government should continue to engage with all of its trading partners, including India to ensure that intellectual property is respected and protected.