India

Selected KEI blogs and letters on provisions in ACTA, TPP and other trade agreements on copyright damages and access to orphan works.

Selected KEI blogs and letters on provisions in ACTA, TPP and other trade agreements on copyright damages and access to orphan works.

2009

June 15, 2009, James Love, Damages, Injunctions and Transparency Key Issues in ACTA Negotiations. Available at http://keionline.org/blogs/2009/06/15/thoughts-acta-negotiations

July 31, 2009, James Love, ACTA and Changes in Global Norms for Damages and Injunctions (For Enforcement of Intellectual Property). Available at http://keionline.org/blogs/2009/07/31/acta-injunctions

2010

2014, BIO discussion of India

The Biotechnology Industry Organization (BIO) submission (7 February 2014, USTR-2013-0040) to USTR's 2014 Special 301 Review requested USTR to designate India a Priority Foreign Country.

BIO expressed concerns over the robust use of patent oppositions in India:

2014, NFTC discussion of India

The National Foreign Trade Council (NFTC) submission (7 February 2014, USTR-2013-0040) to USTR's 2014 Special 301 Review requested USTR to designate India as a Priority Foreign Country and "conduct an out-of-cycle review of India to assess" Indian policies "across sectors, including pharmaceuticals, medical, and green technologies, to advance a program to compulsory license foreign proprietary technology, in direct contravention of the more limited scope of compulsory license provisions in the WTO TRIPS Agreement."

2014, U.S. Chamber of Commerce (Global Intellectual Property Center) discussion of India

The U.S. Chamber of Commerce's (Global Intellectual Property Center) submission (7 February 2014, USTR-2013-0040) to USTR's 2014 Special 301 Review requests USTR classify India as a Priority Foreign Country specifically citing concerns over compulsory licensing.

2014, IPO discussion of India

The Intellectual Property Owners Association's (IPO) submission (7 February 2014, USTR-2013-0040) to USTR's 2014 Special 301 Review expressed concern over various aspects of India's policies including "India’s Forced Technology Transfer, Compulsory Licensing, and Lack of Effective IP Protection" and "Third Party Access to Essential Facilities in India."

The IPO also cited India's actions in international fora:

2014, PhRMA discussion of India

PhRMA's submission (7 February 2014, USTR-2013-0040) to USTR's 2014 Special 301 Review requests USTR classify India as a Priority Foreign Country citing the fact that India "continues to embrace these damaging policies, especially its IP rules, by publicly highlighting them as models for other emerging economies while touting the flourishing Indian generic medicines industry and other industries that have benefited from India‘s industrial policies."

The docket number for this submission is: USTR-2013-0040.

2014, NAM discussion of India

The National Association of Manufacturers's (NAM) submission (7 February 2014, USTR-2013-0040) to USTR's 2014 Special 301 Review requests that USTR designate India as a Priority Foreign Country citing concerns with India's actions in multilateral fora including the UNFCCC, WTO and WIPO:

Wikileaks on USTR negotiations with India Commerce Minister Anand Sharma

Among the cables recently published by Wilileaks is one written on November 24, 2009, detailing negotiations between USTR and Anand Sharma, the Cabinet Minister for Commerce and Industry of the Government of India. The complete cable is available here: http://wikileaks.org/cable/2009/11/09NEWDELHI2375.html

Karl De Gucht writes Andris Piebalgs on topic of European Union IPR demands on India and other developing countries

KEI has received a copy of a May 16, 2011 letter from Karl De Gucht to Andris Piebalgs, which discusses (1) the EU-India FTA, and (2) Relations between IPR and development policies.

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