India – US first intellectual property right
dialogue
What is the aim
of the dialogue?
The aim of the dialogue is
to develop a stronger understanding of uniform IP framework and how to create solutions
in a collaborative way. The dialogue recommendations will be shared with both
of the governments to deepen strategic cooperation on IP policy.
The discussion by experts
from both of the countries during the dialogue included a focus on joint
opportunities and challenges related to the whole spectrum of IP, including patent filing, regulatory
land space, copyright and infringement technology transfer, and enforcement.
What is
intellectual property (IP)?
Intellectual property refers to any item created or innovated by the human’s
mind whether it is a piece of artwork, music, a name of a company, image design,
writing or anything. So that innovation is treated as a property. The innovator has exclusive rights on that innovation, and there are rights which protect that innovation. At global level a some times two countries sign agreement in order to protect that innovation from being copied illegally.
There are five primary categories of IP
-
Trade secret
-
Copyright
-
Trademark
-
Patent ,
- Industrial Design
Violation of IP
If a third party were to
assumed ownership, copy, or sell someone’s copy written work, that would
legally be considered a case of copyright infringement.
For example- Nike shoes company originated from USA and in India any company start
selling a copy of Nike shoes in cheap prices secretly. So in this case
Intellectual property rights are
violating.
It means a violation of
intellectual property can be a huge concern for a business due to the fact that
intellectual property can be valuable part of a company’s marketing strategy, product or services, intellectual property is an extremely important part of a
business.
The concept of Intellectual property
Copyright laws have roots
in eighteenth-century English Law. Comprehensive patent laws can be traced to
seventeenth-century in England, and then they have been a part of U.S. law
since the colonial period. The copyright and patent concepts were both included
in the U.S constitution. Under Article I, section 8, of the constitution, “the
congress shall have power... to promote the progress of science and useful
Arts, by securing for limited times to authors and inventors the exclusive
Right to their respective writings and discoveries. The first TRADENARK LAWS
were passed by congress in the late nineteenth century, and they derive their constitutional
authority from the commerce clause
What are IP
laws in India?
Indian government approved
its first intellectual property rights policy in May 2016. The copyright Act 1957, amended by the
copyright amendment act 2012, governs the subject of copyright law in India.
“India trade work law” statutorily
protects trademarks as per the Trademark Act, 1999 and also under the common
law remedy of passing off. Statutory protection of trademark is administered by
the Controller General of Patents, Designs and Trade Marks, a government
agency which reports to the Department of Industrial Policy and Promotion,
under the Ministry of Commerce and Industry.
How India can
get benefit from the IP bilateral dialogue?
India has an opportunity to
get ahead and form the basis on which it can drive domestic growth and be an
engine for global economic growth. If India succeeds in becoming a leader in the
global knowledge economy, US industries will also benefit. Both nations can
contribute to the success and get benefits from the success.
The US-India relationship has significant geo-economic and
geo-political significance and the levels of exchange continue to be an upwards
trajectory.
US-India business council
Formed in 1975 at the request of the US and India government,
the US-India business council is business advocacy organization comprised of
350 top-tier US and Indian private companies advancing US-India commercial ties
to enhance investment flows. The organization serves as direct link between
business and government leaders, resulting in increased trade and investment to
strengthen ties between the two nations.
