AFTE Spotlight on Enforcement # 6

AFTE Spotlight on Enforcement # 6



Did you know that America’s digital economy innovators continue to experience software piracy originating in India at higher and higher rates? Representing one of the top countries for software license misuse, software piracy in India costs over $2.7b in losses annually.

Digital economy innovators that rely on IP protections continue to experience a wide range of IPR infringement and lack of legal redress in India. Ongoing problems in this key market include but are not limited to:

  • A lack of copyright protections and enforcement;
  • A failure to provide consistent protection for trade secrets across India; and
  • Data storage and processing localization requirements that can require access to data (including IP). 

India has not yet implemented its obligations under the World Intellectual Property Organization Copyright Treaty and World Intellectual Property Organization Performances and Phonograms Treaty; furthermore, Indian patent law is inconsistent with the Agreement on Trade-Related Aspects of Intellectual Property Rights. Full implementation of these agreements that India has already signed onto would make major inroads, and would provide certainty for American companies seeking to grow in the Indian market to support more job creation in America.

Well, now you know.