India and IP

Some thoughts at the Diplomat on how different perspectives on IP protection are proving to be an obstacle in the budding US-India alliance:

Intellectual property (IP) protection remains a sticking point in the budding bromance between Washington and Delhi. Reports have emerged over the last month that the Indian government has given informal assurances on IP protection to a U.S. business lobbying organization. Such assurances would violate at least the spirit of Delhi’s commitment to viewing IP regulation within the framework of broader humanitarian goals, and as such have generated considerable controversy.

It’s not surprising that India and the United States feel differently about IP protection. Vast social and economic differences often lead to different regulatory approaches; the U.S. favors strong protection for its corporate interests, while especially in pharmaceuticals, India reserves the right to compel firms to license their IP in service of broader health care goals. In the past, these practices have made Western firms reluctant to invest in Indian industry and infrastructure (see the Novartis case from 2013).