to our IPR priorities and action to resolve concerns through bilateral fora can benefit both the United States and India. Ultimately, however, recent positive developments on engagement should translate into substantive and measurable action.
In many areas, IPR protection and enforcement challenges continue, and there are serious questions regarding the future of the innovative climate in India, across multiple sectors and disciplines. A wide array of stakeholders in this year's Special 301 review process welcomed recognition by the Government of India of areas where reform is needed. However, some stakeholders also continue to underscore the challenges that rights holders face in India. The United States urges India to take specific actions to address the concerns raised, including by means of constructive bilateral engagement directly with the U.S. Government and stakeholders. The United States also urges India to reconsider how to meet its domestic policy objectives through fostering a climate that incentivizes innovation. The United States continues to encourage India to strengthen civil IPR enforcement by increasing judicial efficiency and reducing court backlogs through electronic case management, instituting fast-track procedures for certain IPR matters, training and instituting a system of using specialized judges, and other judicial reform measures. In addition, the United States supports India's enforcement-related efforts, including efforts to: initiate criminal investigations and launch raids at counterfeit goods markets; combat the manufacture, sale, and distribution of counterfeit medicines; initiate investigations and judicial actions against Internet-based piracy; and seek deterrent sentences against persons or entities engaging in copyright piracy and trademark counterfeiting.
Draft National IPR Policy
The Government of India has embarked on a thorough and holistic review of its IPR regime to "nurture the IP culture and address all facets of the IP system including legal, administrative and enforcement infrastructure, human resources, institutional support system and international dimensions." The stated outcome of this review is to produce a National IPR Policy, a first draft of which was presented by a body of government-selected experts (IPR Think Tank) for public comment in December 2014. The United States submitted comments to the Government of India on the First Draft of India's National IPR Policy in January 2015. The United States commends India for undertaking this task, and will continue to engage with India on this policy, noting, in particular, those areas identified by the IPR Think Tank as target issues for Indian policymakers: transparency and stakeholder consultation; coordination among national and state authorities; public awareness; legal and legislative reforms; administration; commercialization; and enforcement. The United States understands that the Government of India received many informative inputs following the publication of the First Draft of India's National IPR Policy. Thus, the United States requests that India solicit another round of inputs, and conduct another round of stakeholder consultations on the next iteration of this draft policy.[1]
- ↑ India's Draft National IPR Policy, December 19, 2014, available at: http://dipp.nic.in/English/Schemes/Intellectual_Property_Rights/IPR_Policy_24December2014.pdf
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