Bonum Certa Men Certa

USTR is Trying to Shame and Bully India Into Introducing Software Patents in India

What is "Special 301 Report"? Check Wikipedia.

USTR



Summary: Lobbying body of the US (corporations-led) is trying its usual dirty tactics against India's sound policy which excludes software/algorithms from patent scope

"USTR complains about block of software patents in India while they have Alice," Benjamin Henrion wrote today. For those who are not familiar with the antics of USTR, see examples and details of its bullying in Cablegate articles. Microsoft too uses USTR for influence.



"Microsoft too uses USTR for influence.""USTR complains about Indian block of software patents while they have Alice," Henrion wrote hours later (he found out about it because of Jamie Love, who is a FOSS supporter and also an affordable medicine advocate). Love wrote: "This is one of the business lobbies that pressures India on IPR issues."

In their own words: "Special 301 Report: India’s #IP Climate Continues to Discourage Innovation" (whose innovation?).

USTR is basically an imperialistic corporate army and it needs to be treated as such. We gave examples of how it bullies, shames and potentially sanctions nations that don't play ball for US multinational corporations. Here is the article about it: "The Special 301 Report echoed several of the same outstanding concerns with India’s IP policies that AFTI and its members outlined in recently submitted comments to the USTR. These issues include inadequate trade secret protection in India, continued copyright piracy across India, concerns about compulsory licensing for biopharmaceutical and environmental technology, and unnecessary and burdensome criteria for the patentability of medicines and other products. The USTR report also noted that weak or inadequate IP protections in India have a negative impact on both U.S. and Indian businesses."

"USTR is basically an imperialistic corporate army and it needs to be treated as such."That's nonsense. To quote the PDF from USTR (Henrion has scanned it), "with respect to CII, there was a lack of transparency in the process to adopt the current set of guidelines" ("CII" is just a cheeky term that's often when trying to evade the better known term, "software patents").

In [1] below one can find a report about this from IP Watch. No doubt India's Indians-leaning policies are upsetting some very rich and powerful people in other countries, not just in India. India's long war against the software patents lobby continues with RCEP's clauses. As SFLC has just put it (copy here) in a press release: "Indian law on patentability of computer programmes is abundantly clear in that Section 3(k) of the Patents Act 1970 explicitly excludes computer programmes per se, mathematical methods and algorithms from patent protection. Moreover the recent Guidelines for Examination of Computer Related Inventions released by the Patent Office on February 19, 2016 ensure that patents are granted only to those inventions where a computer programme is claimed in conjunction with novel hardware. This eliminates the possibility of frivolous patents being granted in the field of software in India. However, recently it has come to light that the Regional Comprehensive Partnership Treaty (RCEP) presently being negotiated proposes a clause on patents in the area of computer programmes that will result in patents being granted in this field."

"If China and India care about their future and prosperity, then they will give USTR the middle finger, get out of the RCEP 'trade' agreement and just carry on developing things (India is big for software, China for hardware), not bickering over patents in courtrooms, where English-speaking (usually foreign) lawyers often become necessary because of language barriers."We are disgusted to see these attacks on Indian sovereignty, or on politicians who simply try to establish policy based on human rights, innovation and so on. It's not too hard to see who's behind these attacks, which impact not only India but also China (see [1] below for context). Right now Chinese censorship, for instance, is being cast a "trade barrier" by think tanks and lobbyists of US corporations. These are just opportunistic excuses which try to frame human rights issues as a barrier to US profits in China. And watch what IAM 'magazine' is doing today. When Mr. Schindler says "the Chinese" he probably means "the Chinese lawyers" because IAM believes that more lawsuits are a good thing and wants to increase their frequency. IAM is seemingly worried about barriers to litigation based on yesterday's article. That's really what it's all about. It's exercising power in the courtroom, usually a large company against a small one or a company from a rich country like the US against another company in a poorer country such as India. In the courts, as virtually everyone knows, those with deeper pockets have the cards stacked in their favour (costs of appeals, experienced lawyers, etc.), so who is this all for? It's an imperialistic or colonialist system, which India ought to know enough about, having suffered British occupation for a long time.

If China and India care about their future and prosperity, then they will give USTR the middle finger, get out of the RCEP 'trade' agreement and just carry on developing things (India is big for software, China for hardware), not bickering over patents in courtrooms, where English-speaking (usually foreign) lawyers often become necessary because of language barriers.

Related/contextual items from the news:



  1. On IP Protection, USTR Finds Fault With China, India … And Switzerland? [Ed: see what else it did, bullying nations that don’t obey the demands of US corporations]
    The Office of the United States Trade Representative (USTR) does not hesitate to add even its closest friends to its annual list of concerns about possible inadequate protection of US intellectual property rights. So this year, along with perennial listees China, India and dozens of others, vigorous IP-rights defender Switzerland makes an appearance. The annual Special 301 report was issued today, and in its press release this year, USTR also included its primary client in publishing the list – the rightsholder industry.




Recent Techrights' Posts

Crime and Corruption at Microsoft GitHub Cannot be Covered Up by SLAPPs in Another Continent
We'll write about this for a long time to come
Slop Videos Are Disappointing Garbage, Nothing New, Just Brute Force up on Display or a Pedestal of Slop
Slop videos aren't a new thing
Slopwatch: Linux Journal, Linuxsecurity, and Google News Getting Even Worse (More Slopfarms Added Which Attack Linux With Bruce-Force SPAM)
Google News is part of the same problem
GNU/Linux is Replacing Microsoft Windows. But We Need to Eradicate Microsoft, It's a Hub of Crime.
I have been writing about Microsoft since the 1990s when I was in school
 
Weeks After Microsoft Bankruptcy in Russia the Company Shuts Down in Pakistan, Too
Last month Windows' share in Pakistan fell to an all-time low
Rob Musial's June 2025 Additions of Malware in Proprietary Software
Via the GNU Web site this week
Links 04/07/2025: Microsoft's H-1B Visa Applications Show Another Crisis Unfolding, Many More Deep Cuts and Shutdowns Revealed, Complete Microsoft Exits
Links for the day
Gemini Links 04/07/2025: A Day To Remember and "Stop Killing Games"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 03, 2025
IRC logs for Thursday, July 03, 2025
The War on Local Storage (People Hosting Their Files Locally and Privately)
There's nothing wrong with controlling one's computing
What Digital Independence Means
Independence in the digital realms means abandoning platforms like GitHub, not just rejecting proprietary software
NVidia is a Bubble
they temporarily see fortunes and wrongly assume perpetuity thereof
Fedora Does Not Care About Diversity and Inclusion, It's About Optics (Corporate Image)
any notion of inclusion is superficial and misleading
Don't Buy the Excuses for Microsoft's Mass Layoffs
Back in the 90s, Microsoft bought a lot of companies to get and stay ahead
Happy Independence Day to Our American Readers
Maybe tomorrow will be a good opportunity to explain to American people - in terms of concepts, not brands - which tools respect their independence
Links 03/07/2025: More Cuts and Cancellations at Microsoft Revealed
Links for the day
Gemini Links 03/07/2025: Favourite Child and Launching WikiGem
Links for the day
Mystery Surrounding the PCLinuxOS Sites and PCLinuxOS Magazine
Let's hope this isn't something major
People and Companies Do Learn Some Lessons From Their Mistakes (Stubborn Ones Don't)
Brett Wilson LLP is an example of one that would rather drown in mistakes
Links 03/07/2025: 'Hey Hi' Slop Ridiculed Some More and Microsoft's Layoffs Tally for 2025 Reaches About 29,000 in Just 6 Months (Almost 5,000 Per Month)
Links for the day
Microsoft Staff Harassing Women, Strangling Women, Telling Women to Kill Themselves and Worse? Not a Problem!
Two women have left Brett Wilson LLP
The Slopfarms Are Losing the Plot (and Google is Propping Up Rogue Sites)
Google is part of the attack on the Web, on information, and on technology
New BetaNews Realises There's No Potential or Future in Slopfarms, Prior Editor Wayne Williams is Back
They realise that slop (so-called "AI") cannot replace humans
Claims That Microsoft Looks for Staff That Works More and Gets Paid Less (or Can Only Code by Grabbing Other People's Code, Under the Guise of "AI")
People can form their own opinion
Richard Stallman Was Right About Reasons Not to Use Microsoft
last updated 2017
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 02, 2025
IRC logs for Wednesday, July 02, 2025
Gemini Links 03/07/2025: No to Cloudflare and Small Web July
Links for the day
Links 02/07/2025: Deep Microsoft Cuts, Macron Speaks to Putin
Links for the day
Confirmed: Microsoft Shutdowns Today, Not Only Mass Layoffs
"The Initiative is the only studio closure planned today, although some other teams have seen cuts of varying degrees."
Microsoft Windows Nosedives in Switzerland While GNU/Linux Leaps Above 6%
sooner or later they might have to make the move anyway
Anxiety at Microsoft: Many Workers (Maybe Over 10,000) Still Don't Know They're Being Laid Off Just Before US Independence Day
"Has anyone gotten the notification yet?"
Microsoft "Declined to Say How Many People Would be Laid Off," According to Associated Press
Some other prominent publications said they reached out for comment from Microsoft and received none
The X War is Over and the "Wayland People" Lost
People will gravitate towards what works for them
20 Years Since My Thesis
It's still online
GNU/Linux is Replacing Windows in Laptops/Desktops
The world will move on while Windows and Microsoft shrink
Now Comes the Expected Webspam, Framing Microsoft Layoffs as "Hey Hi" Success Story (False Marketing That's Piggybacking the Layoffs)
falsely marketed as "intelligence"
Hungary: Microsoft Windows Sinks to 17% "Market Share"
In many nations in Europe it seems like the era of Windows is coming to an end
Microsoft Media Operatives and Bill Epsteingate-Funded Sites Said Microsoft Lays Off 9,000, But Other Sites Say More (Including 2,300 in Redmond Alone)
We might never know the real number/s (Microsoft will keep the cards close to its chest) until there are leakers or unless there are whistleblowers with hard proof
Microsoft Layoffs in Spain, Portugal Record for GNU/Linux
in Portugal we see GNU/Linux at record levels
GNU/Linux Reaches All-Time High in the United States of America
Windows is trending down
Yes, Microsoft is Again Using Its Favourite Liars (Stenographers) to Seed Fake Layoff Numbers, Much Lower Than What's Really Happening
It is Jordan Novet again, just as we predicted
Will Microsoft Once Again Choose Its Favourite Liar to Spread Lies About Today's Layoffs, Quickly to be Replicated and Spread by Slopfarms?
What lies is Microsoft briefing its media moles to tell today?
"OSS Fetishism" Wins After Ferenc Zsolt Szabó Ousted (Microsoft Mole From Capgemini)
Many people said 2025 would be the "year of Linux on the desktop"
There is Nothing That LLMs Can Offer Honest People
LLMs are a passing fad; they're expensive and offer poor "value" for energy; they usually offer no value at all unless you are a cheater, spammer, and liar
What statCounter Shows Today Helps Explain Microsoft's Helplessness, Mass Layoffs
Since many US journalists are already away on holiday almost nobody will dare ask the difficult questions or give a voice to whistleblowers
Microsoft Gets the Chop in South America
The notion of digital sovereignty gained a lot of popularity
Europe Has an 'Exit'
Let's see what happens the rest of this year
El Presidente Talks, Canada Walks (Away From Windows)
GNU/Linux rising
Cities in France and Germany Move to GNU/Linux and statCounter Detects Big Differences
Will governments lead by example?
Microsoft Lost Its Foothold in Africa
How many of these are "old" Windows machines converted to GNU/Linux? Probably a lot.
Led by Europe, GNU/Linux Makes Big Gains This Month
statCounter started showing new/fresh stats
Links 02/07/2025: Massive Microsoft Layoffs About to Commence, "Tesla's Robotaxi Program Is Failing"
Links for the day
Why the Microsoft People Who Started SLAPPs Against Techrights Could Very Well be Sent Back to Prison
White-collar crime is also a crime
The Company Run by Former (and Last Proper) Red Hat CEO, Promoting Microsoft Mono, Faces Shock as Senior Partner Jailed for 33 Sexual Offenses Including Pedophilia
"As reported by The Oxford Mail in April 2025, the offenses include rape, sexual assault, engaging in non-penetrative activity with a child, and more."
Microsoft Lost 29% of Windows Users, Based on Microsoft, Now Come Massive Layoffs
Microsoft collapse is today
Slopwatch: Google Serves to People Linux Slop and Linux FUD (Made by Bots)
"Slopwatch" finds it difficult to ignore Google's role in encouraging LLM slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 01, 2025
IRC logs for Tuesday, July 01, 2025
"Wayland People" Behave Like the Googles and Microsofts of This World
Published yesterday by Igor Ljubuncic
Gemini Links 02/07/2025: Arch Linux and Fulfillment in Gemini
Links for the day