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 38 economies benchmarked in the 2016 Index account for nearly 85 per cent of global GDP.
The Index — produced by the Chamber’s Global Intellectual Property Center (GIPC) — is based on 30 criteria critical to innovation including patent, copyright and trademark protections, enforcement, and engagement in international treaties. India remains at the bottom of the Index for the fourth year in a row.
- It said patent protection in India remains outside of international best practices, adding that Indian law does not provide adequate enforcement mechanisms to effectively combat online piracy.
- 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 permission of the patent-owner.
- Another area of weakness was “poor application and enforcement of civil remedies and criminal penalties.”