Lok Sabha Question No. 2754 (UNSTARRED), answered on 2016-03-14
Subject: Intellectual Property Index
Ministry: COMMERCE AND INDUSTRY
Asked by: M. UDHAYAKUMAR, R. PARTHIPAN

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT OF INDUSTRIAL POLICY & PROMOTION

## LOK SABHA

UNSTARRED QUESTION NO. 2754. TO BE ANSWERED ON MONDAY, THE 14 TH  MARCH, 2016.

## INTELLECTUAL PROPERTY INDEX

## 2754. ADV. M. UDHAYAKUMAR: SHRI R. PARTHIPAN:

Will the Minister of COMMERCE AND INDUSTRY be pleased to state:

## वाणिज् य वव  द्यग  म त्री

- (a) whether India has been ranked 37 th out of 38 countries with only Venezuela scoring lower in the US Chamber of Commerce Intellectual Property Index and if so, the details thereof;
- (b) whether  the  Index  is  compiled  on  the  basis  of  30-item  criteria  critical  to  innovation including patent, copyright and trademark protection and if so, the details thereof;
- (c) the reasons for lower rank of the country in the Index;
- (d) whether the Index suggests that in India, patent protection remain outside international best practices adding that India does not provide adequate  enforcement  mechanisms  to effectively combat online piracy; and
- (e) if so, the details thereof?

## ANSWER

## वाणिज् य वव  द्यग  ााज् यम त्री स् वतं त्र ्रभााा(स्ीमतंी िरममलाा ीीतंाामि( THE MINISTER OF STATE (INDEPENDENT CHARGE)

## OF THE MINISTRY OF COMMERCE & INDUSTRY (SHRIMATI NIRMALA SITHARAMAN)

- (a): Yes. Details are appended as Annexure-I.
- (b): Yes.  The  index  consists  of  30  item  criteria  covering  the  areas  of  copyrights, trademarks, trade secrets, market access enforcement, membership and ratification of international  treaties.  List  of  the  criteria  is  appended  as  Annexure-II.  However, innovation is based on several other critical criteria also, but which are not included in the index.
- (c): The  US  Chamber  of  Commerce  is  a  business  federation  representing  companies, business associations, state and local chambers in the U.S. and American Chambers of Commerce abroad.  The  Intellectual  Property  Index  is  prepared  keeping  the interest  of  its  members.    It  does  not  provide  a  composite  view.  The  intellectual property  rights  indicators  used  are  selective  and  hence  not  a  true  reflection  of  the state of Intellectual Property Rights Protection and Innovation in India.
- (d) & (e): India has a robust IPR regime which is fully TRIPS compliant.  International best practices and Patent protection are as per the Agreement on Trade-Related Aspects of  Intellectual  Property  Rights (TRIPS) and  the  Patent  Cooperation  Treaty  (PCT); India is a signatory to both. Enforcement of IPRs is done under various IPR laws in India.

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## ANNEXURE  REFERRED  TO  IN  REPLY  TO  PART  (a)  OF  THE  LOK  SABHA UNSTARRED QUESTION NO. 2754 FOR ANSWER ON 14.03.2016.

|   Ranking | Country        |
|-----------|----------------|
|         1 | United States  |
|         2 | United Kingdom |
|         3 | Germany        |
|         4 | France         |
|         5 | Sweden         |
|         6 | Singapore      |
|         7 | Switzerland    |
|         8 | Australia      |
|         9 | Japan          |
|        10 | South Korea    |
|        11 | Italy          |
|        12 | New Zealand    |
|        13 | Israel         |
|        14 | Poland         |
|        15 | Canada         |
|        16 | Taiwan         |
|        17 | Malaysia       |
|        18 | Mexico         |
|        19 | Colombia       |
|        20 | Russia         |
|        21 | Chile          |
|        22 | China          |
|        23 | UAE            |
|        24 | Peru           |
|        25 | Turkey         |
|        26 | South Africa   |
|        27 | Ukraine        |
|        28 | Brunei         |
|        29 | Brazil         |
|        30 | Nigeria        |
|        31 | Argentina      |
|        32 | Ecuador        |
|        33 | Indonesia      |
|        34 | Algeria        |
|        35 | Vietnam        |
|        36 | Thailand       |
|        37 | India          |
|        38 | Venezuela      |

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## ANNEXURE  REFERRED  TO  IN  REPLY  TO  PART  (b)  OF  THE  LOK  SABHA UNSTARRED QUESTION NO. 2754 FOR ANSWER ON 14.03.2016.

## PATENTS, RELATED RIGHTS, AND LIMITATIONS

1. Patent term of protection
2. Patentability requirements
3. Patentability of computer-implemented inventions
4. Pharmaceutical-related patent enforcement and resolution mechanism
5. Legislative criteria and use of compulsory  licensing of patented products and technologies
6. Patent term restoration for pharmaceutical products
7. Regulatory data protection term

## COPYRIGHTS, RELATED RIGHTS, AND LIMITATIONS

8. Copyrights (and related rights) term of protection
9. Legal  measues  that  provide  necessary  exclusive  rights  that  prevent  infringement  of copyrights and related rights (including Web hosting, streaming, and linking)
10.   Availability of frameworks that promote cooperative action against online piracy
11.   Scope of limitations and exceptions to copyrights and related rights
12.   Digital rights management legislation
13.   Clear implementation of policies and guidelines requiring proprietary software used on government ICT systems to be licensed software

## TRADEMARKS, RELATED RIGHTS, AND LIMITATIONS

14.   Trademarks term of protection (renewal periods)
15.   Non-discrimination/non-restrictions  on  the  use  of  brands  in  packaging  of  different products
16.   Ability of trademark owners to protect their trademarks: requisites for protection
17.   Legal measures available that provide necessary exclusive rights to redress unauthorized uses of trademarks
18.   Availability of frameworks that promote action against online sale of counterfeit goods

## TRADE SECRETS AND MARKET ACCESS

19.   Protection of trade secrets
20.   Barriers to market access

## ENFORCEMENT

21.   Physical counterfeiting rates
22.   Software piracy rates
23.   Civil and procedural remedies
24.   Pre-established  damages  and/or  mechanisms  for  determining  the  amount  of  damages generated by infringement
25.   Criminal standards including minimum imprisonment and minimum fines
26.   Effective border measures

## MEMBERSHIP AND RATIFICATION OF INTERNATIONAL TREATIES

27.   WIPO Internet Treaties
28.   Singapore Treaty on the Law of Trademarks
29.   Patent Law Treaty
30.   At least one free trade agreement with substantive and/or specific IP provisions such as chapters  on  IP  and  separate  provisions  on  IP  rights  provided  it  was  signed  after WTO/TRIPS membership.

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