India Stays Put On US’s Intellectual Property Rights ‘Priority Watch List'
New Delhi: A US report on the global state of protection and enforcement of intellectual property rights (IPRs) released on Tuesday (April 29) once again placed India on its ‘priority watch list’.
The US Trade Representative's (USTR) 2025 Special 301 report said that India remains one of the world's most challenging major economies for the protection and enforcement of IPRs.
According to the Hindu, the report says that India has remained inconsistent in its progress on protection of intellectual property.
India, on the other hand, has maintained that its IPR regime is in compliance with global norms. A trade expert cited by the Hindu added that India has a well established legislative, administrative and judicial framework to safeguard IPR and that it meets its obligations under the World Trade Organisation’s Agreement on Trade Related IPRs (TRIPS).
"Among other concerns, the potential threat of patent revocations and the procedural and discretionary invocation of patentability criteria under the Indian Patents Act impact companies across different sectors. Moreover, patent applicants generally continue to confront long waiting periods to receive patent grants and excessive reporting requirements," the US report said.
The report mentioned that India levies high customs duties on IP-intensive products such as information and communications technology products, solar energy equipment, medical devices, pharmaceuticals and capital goods.
The report has come in the wake of ongoing India-US negotiations for a bilateral trade agreement amid tariff threats. The US is attempting to close its $41.18 billion trade deficit with India through the deal.
In addition to India, China, Indonesia, Russia, Argentina and Venezuela are also on the 'priority watch list'
Stakeholders continue to express concerns over vagueness in the interpretation of the Indian Patents Act, it alleged.
It added that India maintains high customs duties directed to IP-intensive products such as information and communications technology products, solar energy equipment, medical devices, pharmaceuticals, and capital goods.
"While steps to improve IP Office operations and procedures are to be commended, India's overall IP enforcement remains inadequate," it said.
It added that the US intends to continue to engage with India on IP matters, including through the trade policy forum's intellectual property working group.
The report has listed eight countries, including India in its 'priority watch list'. China, Indonesia, Russia, Argentina, and Venezuela are among others on the list.
It has also placed 25 countries, including Pakistan and Turkey, on the list.
U.S. Trade Representative (USTR) Jamieson Greer said the USA's trading partners must address the concerns identified in the report and stop those stealing the intellectual property of hard-working businesses and individuals.
This annual report details USTR's findings of more than 100 trading partners after research and engagement with stakeholders.
Other issues that have been flagged in the report include, concerns over the provision of Section 3(d) of the Patent Act, and pharmaceutical patent disputes.
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