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Discuss the long standing issues with respect to Intellectual property  enforcement and protection in India, suggest solutions to address the same.

Topic:  issues relating to intellectual property rights.

6. Discuss the long standing issues with respect to Intellectual property  enforcement and protection in India, suggest solutions to address the same.(250 words)

Reference:  The Hindu 

Why this question:

India continues to be on the ‘Priority Watch List’ of the United States Trade Representative (USTR) for lack of adequate intellectual property (IP) rights protection and enforcement, the USTR said in its Annual Special 301 Report. Thus the question.

Key demand of the question:

Explain the long standing issues with respect to Intellectual property  enforcement and protection in India, suggest solutions to address the same

Directive:

Discuss – This is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer:

Introduction:

Present brief description of the current IP regime in the country.

Body:

To start with explain the facts pointed out by the report; India remained one of the most challenging economies for IP enforcement and protection. While India made “meaningful progress” to enhance IP protection and enforcement in some areas over the past year, it did not resolve recent and long-standing challenges, and created new ones.

  • Discuss the concerns pointed out such as – innovators being able to receive, maintain and enforce patents particularly in the pharmaceutical sector;
  • Concerns over copyright laws not incentivizing the creation and commercialization of content; and an outdated trade secrets framework.

Suggest solutions to these issues.

Conclusion:

Conclude with way ahead.