MOU signed between India and the United States for cooperation on Intellectual Property Rights

India and the US signed a Memorandum of Understanding on 2nd December, 2020, signed 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 by the Ministry of Industry and Commerce, it was 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 National IPR Policy, 2016.”

The DPIIT had entered into a MoU along the same lines with the Danish Patent and Trademark Office in September, 2020.

The main tenets of the MoU are as follows:

a. The MoU stipulates that the exchange and dissemination of best practices, experiences and knowledge of IP among the public, and between and among the industry, universities, research and development (R & D) organizations, and Small and Medium-sized Enterprises be facilitated through participation in programs and events organized singly or jointly by the Participants ;

b. It stipulates that the there be a collaboration in conducting training programs, exchange of experts, technical exchanges and outreach activities;

c. The MoU provides for the exchange of information and best practices on the registration and examination processes of applications for patents, trademarks, copyrights, geographical indications, and industrial designs, as well as the protection, enforcement and use of IP rights;

d. It stipulates the exchange of information on the development and implementation of automation and modernization projects, new documentation and information systems in IP and procedures for management of IP Office services;

e. It seeks to facilitate cooperation to understand various issues related to traditional knowledge, and the exchange of best practices, including those related to traditional knowledge databases and awareness raising on the use of existing IP systems for the protection of traditional knowledge; and other cooperation activities.

As per the MoU, a detailed biennial work plan is to be formulated by both countries for the implementation of the MoU, and to facilitate IP cooperation between the countries.

This development must be seen to be 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 in countries around the world.

In another move to this end, the US had also recently elevated the status of its intellectual property attaches – who primarily serve to assist American businesses operating aboard 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.