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Daily New Analysis 15-11-2014








Ties with India top priority: Cameron (Page 1)

a)     I.R

a)     India – UK relations

b)     Bilateral ties

c)     G20 summit

a)     PM Modi held his first meeting with his British counterpart David Cameron. Cameron invited Modi to Britain.

b)     The bilateral meeting took place shortly after Modi arrived on a five-day visit to Australia to attend the G20 summit.

c)     At their meeting, Cameron told Modi that relations with India are at the top of the priorities of UKs foreign policy.

d)     The Brisbane meeting was set to strengthen the broad and deep bilateral ties.


A reality check on intellectual property concerns (Page 11)

a)     I.R

a)     India – US relations

b)     Intellectual property rights (IPR)

c)     United States Trade Representative (USTR)

d)     Out-of-Cycle Review (OCR)

e)     Trade Policy Forum (TPF)

f)      Geographical indications (GIs),

g)     Traditional Knowledge (TK)

h)     WTO

a)     The initiation of the OCR by the USTR has brought a sensible reality check as to what the future holds.

b)     The USTR has initiated a process whereby the OCR evaluates whether there has been any meaningful progress in engaging Indias new govt on IP concerns.

c)     The OCR was indicated as part of its findings on the state of IP protection in India in the 2014 Special 301 Report, brought out by the USTR.

d)     India has been cited in every one of the Special 301 Reports but in 2013, it faced the prospect of a further downgrade of its status to Priority Foreign Country and in 2014 India was categorised as a notorious market, a special status reserved for IP outcasts of the world.

e)     The OCR will address the quality of engagement with the new govt on a list of issues from copyrights to trademarks and include concerns relating to Section 3(d), pre and post grant opposition, the grant of a compulsory licence and Indias interpretation of what it means to work a patent in India for purposes of a compulsory licence.

f)     The OCR is a mistimed and ill-conceived move by the US.

g)     The PMs visit concluded with a joint statement with the President of the US, where the two countries agreed to set up a high-level Working Group on IP within the TPF which is evidence of Indias commitment to have a good faith dialogue on IP concerns.

h)     It is surprising that India did not specifically address its reservations with the impending OCR (as it was then in September) during Modis visit.

i)     Having committed itself to a dialogue in a specially designated bilateral forum, India nonetheless continues to be subject to unilateral scrutiny of its intellectual property regime by the USTR.

j)     In any event, with the establishment of the WTO, the role of the USTR in policing the world with the threat of unilateral sanctions appears highly questionable and there are indications that India may not shy from taking legal recourse at the WTO should the US impose such sanctions.

k)     The govt should be careful not to break up a hard-bargained and well-established structure of the existing patent system.

l)     India must use the access that the TPF will provide to address protectionist hurdles that Indian goods and services face in the US.

m)     There have been indications that India will seek to address concerns on GIs, online piracy of Indian movies and TK in the agenda of the Working Group. 

n)     The Working Group on IP can serve as a platform where real time solutions to meet Indias need for low cost medicines can be addressed.

o)     India can achieve meaningful results by engaging with industry experts to use the Working Group on IP as forum for setting real and realisable goals that will benefit constituents on both sides.


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