India, US IPR dialogue to begin this month

India says it will engage bilaterally through the Trade Policy Forum but not cooperate in the review process

The US seems to be subtly upping the ante against India on intellectual property rights (IPR). While the US has launched the out-of-cycle-reviews, or OCR, under Special 301 Report, it will also pursue the issue bilaterally through the high-level Intellectual Property Working Group under the India-US Trade Policy Forum (TPF).

The TPF, to be held in Delhi this month, will lay down the roadmap for India-US IPR issues. US Trade Representative (USTR) Michael Froman is expected to visit India to attend the forum. He will co-chair the forum along with Nirmala Sitharaman, minister of state for commerce and industry.

India has maintained that while it will not cooperate with the US to conduct the OCRs, it will engage bilaterally through this platform. The government is now busy doing its homework, while it raises issues related to IPR and patents, especially in the pharmaceutical sector, with the US.

The US is comprehensively scrutinising every single aspect of Indian IPR and patent regime. On the one hand, it will discuss the issue at a government-to-government level through the IP Working Group. On the other, it will also be covering and identifying issues at the level of industry and the public at large through the OCRs.

"The high-level IP working group will serve as a regularised channel for discussion of IPR issues between both the governments, while the OCR will take care of the issues at the industry and public level," a USTR spokesperson told Business Standard.

The initial plan is that deputy USTR Wendy Cutler will convene the working group annually and both the governments will bring to the table ministries and agencies with responsibilities for IP issues. The group will also be convened semi-annually at the staff level to work through the full range of IP-related issues of concern to both the governments, said the USTR spokesperson.

India has been placed on the 'Priority Watch List' for several years now. According to a USTR official, the working group is one of the engagements of the larger OCR process. The US authorities are hopeful that even though India has officially refused to share its feedback on IP and patent regime, it will persuade through the working group platform. OCRs are typically conducted by the required parties such as government authorities, industry and the public giving written submissions. It has no sanction and does not follow a stipulated period.