India
remains at the bottom of the Index for the fourth year in a row, according to
the GIPC report.
India
was ranked 37 out of 38 countries, with only Venezuela scoring lower, in the
U.S. Chamber of Commerce-International Intellectual Property Index.
The
report released at a time when the government is close to finalising a National
Intellectual Property policy to improve the IP regime, increase IP awareness
and strengthen enforcement of rules.
The
U.S. was ranked first, followed by the UK, Germany, France and Sweden. India’s
peers in the BRICS grouping were all ranked ahead with Russia ranked 20th,
China (22nd), South Africa (26th) and Brazil (29th). The 38 economies
benchmarked in the 2016 Index accounts for nearly 85 per cent of the global
GDP.
About the Index:
ü Produced
by the Chamber’s Global Intellectual Property Center (GIPC).
ü It
is based on 30 criteria critical to innovation including patent, copyright and
trademark protections, enforcement, and engagement in international treaties.
The
GIPC report found that among India’s key areas
of weakness was the use of compulsory licensing (CL) for commercial
and non-emergency situations, and the expanded use of CL being considered by
the Indian government. CL relates to the government allowing entities to
manufacture, use, sell or import a patented invention without the permission of
the patent-owner. Another area of weakness was “poor application and
enforcement of civil remedies and criminal penalties.”
The
report said Brazil, China, India, Indonesia, and Russia introduced or
maintained policies that tie market access to sharing of IP and technology.
Such forced-localization policies tend to undermine the overall innovation
ecosystem and deter investment from foreign IP-intensive entities.
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