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Update: Trade Policy Forum Meeting in India

Intellectual property protection is crucial for software innovation. It encourages research and development that creates jobs in the US and around the world. That is why BSA is so pleased that USTR prioritized trade secret and patent protection in its Trade Policy Forum (TPF) discussions with India this week. TPF is an important bilateral dialogue to promote policies targeted at advancing trade between both countries. As such, it is encouraging that the impact of IP on digital trade and job creation was reflected on the agenda of yesterday’s meeting. BSA has been working with both the US and Indian government to help inform TPF discussions and provide the perspective of the software industry.

We appreciate that the US and India included a dialogue focused on the importance of protecting trade secrets. Trade secrets are a critical tool for the innovation economy because they enable software companies to protect their hard-earned research and development and thus, continue to foster innovation. BSA supported passage in the US of the Defend Trade Secrets Act (DTSA), and we are pleased that the importance of civil and criminal trade secret protection was discussed at the event. Other positive outcomes of the meeting include commitments to support liberalization in the IT services area and to promote the digital economy.

The meeting also allowed for continued discussion on the importance of patent protection for computer-related inventions (CRI). CRIs play a pivotal role in the products and systems that form the basis of the digital economy, and patent protection provides the incentives needed for future innovation. The current Indian Guidelines for Examination of CRIs may, if not addressed, hinder innovation. We appreciate that the Government of India expressed openness to reconsidering the CRI Guidelines and we hope they will soon be revised to reflect international best practices. This will be an important step towards enabling innovators to protect and capitalize on their inventions, benefiting the Digital India initiative.

BSA and its members look forward to continuing working with both governments to advance policies that allow the fostering of the digital economy.

Author:

Aaron Cooper serves as Senior Vice President, Global Policy. In this role, Cooper leads BSA’s global policy team and contributes to the advancement of BSA members’ policy priorities around the world that affect the development of emerging technologies, including data privacy, cybersecurity, AI regulation, data flows, and digital trade. He testifies before Congress and is a frequent speaker on data governance and other issues important to the software industry.

Cooper previously served as a Chief Counsel for Chairman Patrick Leahy on the US Senate Judiciary Committee, and as Legal Counsel to Senator Paul Sarbanes. Cooper came to BSA from Covington and Burling, where he was of counsel, providing strategic guidance and policy advice on a broad range of technology issues.

Cooper is a graduate of Princeton University and Vanderbilt Law School. He clerked for Judge Gerald Tjoflat on the US Court of Appeals for the Eleventh Circuit.

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