Many of you may be wondering about my deafening silence on the 2016 Special 301 Report, which I’ve otherwise been aggressively pursuing. (For more on the Special 301, see my posts here, here, here and here). Unfortunately, even after a fortnight, the transcript and the video of the public hearing has not yet been released. This is somewhat strange considering that the video for the 2015 Special 301’s public hearing was uploaded within 9 days of the hearing. Hopefully, by this week, we should see it’s release.
Post hearing comments were submitted by the American University Washington College of Law , the Footwear Distributors and Retailers of America, the Trademark Working Group, the Computer and Communications Industry Association, the Union for Affordable Cancer Treatment, the Internet Association, the Global Intellectual Property Center. Organizations which submitted India related comments were –
(I) The Trademark Working Group : It brought to the Committee’s notice, the increased costs incurred by a U.S. company to the tune of $ 3,515 as Attorney’s Fees in India due to an absence of multi – Class applications for trademark registrations.
(II) The Union for Affordable Cancer Treatment (UACT) : It countered PhRMA’s demand of India being placed on the Priority Watch List due to it’s unpredictability of issuing compulsory licenses on essential life- saving cancer drugs.
(III) The Global Intellectual Property Center (GIPC) : It highlighted the issuance of final Guidelines for Examination of Computer Related Inventions ( “CRI”) by the Government of India. According to GIPC, this denial of patents to all computer related inventions was contrary to prevailing international norms.
Needless to say, I’ll bring forth my views on the public hearing after it’s release.