The office of the United States Trade Representative (USTR) has earmarked substantial funds for creating intellectual property (IP) awareness in India. It is working closely with Indian government to ensure that the IP laws are effectively enforced in the country. India has become the seventh country where US Trade Marks Office has deputed a qualified lawyer to assist the stakeholders have better understanding in IP issues.

Speaking at a recent seminar on Intellectual Property Rights organized by ASSOCHAM here, John Fennerty, Deputy Economic Counselor, Embassy of United States of America informed that the Indian IP laws, once properly enforced, can bring in desired changes. He felt that the inclusion of India in its Priority Watch List (Special 301) was solely because of the country's poor track record in enforcing IP laws. However, it is not the US pressure that is making Indian government enforcing the laws, it is the pressure from the domestic industry that is really causing the change, he said.

Meanwhile USTR funds are being utilized to organize awareness workshops, training programmes and seminars to improve the IP compliance level in India.

"Our view is that the awareness should be raised at the school level itself. It should go into the business very slowly. Such a natural transition should result in complete enforcement of IP laws within the industry," Fennerty said.

ON the issue of pharmaceuticals, he felt that India's decision on the data protection remains the most important issue before the US industry. The future investment flow in clinical trials and R&D will depend upon India 's decision on data protection, he said. The delay in defining patentability and the time lag caused by the pre-grant opposition were also criticized.

Fennerty also made it clear that US is not looking at mere TRIPS obligation and would want partner countries to go for TRIP Plus IP protection clauses in their rules and regulations.

"We have just signed a Free Trade Agreement with Oman. It is a good template for our discussions with other countries as well. The agreement is well beyond TRIPS. We are looking for such commitments from partners before US companies can invest heavily in those countries", he explained.