Intellectual Property17 December 2020By Lexworth Law
India and the US signed a Memorandum of Understanding on 2 December 2020, executed virtually between the Department for Promotion of Industry and Internal Trade (DPIIT) and the United States Patent and Trademark Office (USPTO), in the sphere of intellectual property cooperation.
In a press release, the Ministry of Industry and Commerce stated that "the MoU will go a long way in fostering the cooperation between India and USA, and provide opportunities to both countries to learn from the experience of each other, especially in terms of best practices followed in the other country. It will be a landmark step forward in India's journey towards becoming a major player in global innovation and will further the objectives of the National IPR Policy, 2016." The DPIIT had entered into a similar MoU with the Danish Patent and Trademark Office in September 2020.
The main tenets of the MoU
- Facilitating the exchange and dissemination of best practices, experiences and knowledge of IP among the public, and between industry, universities, R&D organisations and small and medium-sized enterprises, through participation in programmes and events organised singly or jointly.
- Collaboration in conducting training programmes, exchange of experts, technical exchanges and outreach activities.
- Exchange of information and best practices on the registration and examination of applications for patents, trademarks, copyrights, geographical indications and industrial designs, as well as the protection, enforcement and use of IP rights.
- Exchange of information on the development and implementation of automation and modernisation projects, new documentation and information systems in IP, and procedures for the management of IP office services.
- Cooperation to understand issues related to traditional knowledge, and the exchange of best practices — including traditional-knowledge databases and awareness-raising on the use of existing IP systems for the protection of traditional knowledge — among other activities.
A detailed biennial work plan is to be formulated by both countries for the implementation of the MoU and to facilitate IP cooperation.
The wider context
This development should be seen as part of a larger move by the United States to ensure greater compliance with international treaties in the field of intellectual property rights and greater protection for IPR originating in the US around the world. In a related move, the US had recently elevated the status of its intellectual property attachés — who primarily assist American businesses operating abroad with IPR and related issues — in India, China, the European Union and Mexico to that of Counsellors, with greater access to policy makers in the respective countries.
This note is for general information only, may reflect the law as it stood at the date of writing, and does not constitute legal advice. For advice on a specific situation, please seek independent counsel.
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