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Corporate Lawyer on IPR Issues Between India and the US

During Prime Minister Narendra Modi’s visit to US, once again the contentious issue of Intellectual Property Rights(IPR) sparked up. The US expressed her concern over the protection and enforcement of IPR in India alluding towards the ‘Special 301′ report. Earlier US had already threatened India to classify under ‘Priority Foreign Country’ from the present status of ‘Priority Watch List’. India has refused to accept such actions under US Trade Act and declared that it is sincerely following the WTO norms. The department of industrial policy and promotion said in a release, “The US is conducting an ‘out of cycle review’ on India’s IPR regime based on its Special 301 report.

“The US consensus on resolving IPR issues through the formation of joint working group as per the TPF mechanism is in fact symbolises the power of Indian economy in the world trade and a re-affirmation of India’s stand reflects India’s negotiation power in the international trade scenario.”- Kislay Pandey, Corporate and Money Laundering Lawyer – the Supreme Court of India.

IPR issues are vital for US as well as India and India has been raising the issue of copyright piracy from time to time with the US. On the other end US had alleged that Indian IPR laws discriminate against the US pharmaceutical companies and doesn’t comply global norms. However, India constantly invited the US for bilateral talks to sort out the IPR conflicts and this time Prime Minister Narendra Modi successful convinced the Barack Obama government to review India’s stand on IPR and proceed for bilateral discussions. In this episode, US agreed to form a high-level working group with the support of India to resolved the prolonged contentious issue.

The five focus groups comprising Agriculture, Innovation & Creativity, Services, and Tariff and Non-Tariff Barriers the joint working group will help to ease out IPR issues and strengthening the collaboration between the two countries. ” The Special 301 process was a unilateral standard and it was in no way favourable to the India and other developing countries already complying WTO standards for IPR protection under the TRIPS agreement. Undoubtedly, India never overlooked the interest of other countries and always abide by the international laws for Intellectual Property Rights(IPR) issues. Therefore, if any IPR related issue arises in future it should discussed and solved bilateral forums like Trade Policy Forum (TPF).”- Kislay Pandey, Corporate Lawyer and Money Laundering Lawyer- the Supreme Court of India.

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