United States Places India on 'Priority Watch List' Over Alleged Intellectual Property Rights Violations | Current Affairs | Vision IAS
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United States Places India on 'Priority Watch List' Over Alleged Intellectual Property Rights Violations

Posted 30 Apr 2025

2 min read

The United States Trade Representative (USTR) Special 301 Report placed 8 countries on Priority Watch List, indicating concerns regarding intellectual property (IP) protection and enforcement.

  • IP refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. (WIPO)

Issues with the IP ecosystem in India

  • Patentability Criteria: Discretionary and procedural use of criteria under the Indian Patents Act.
    • E.g., Section 3(d) of the Patents Act, 1970, considers as non-patentable “the mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance.”
  • Ineffective IP Enforcement: Weak Law Enforcement; National and state law enforcement agencies do not collaborate effectively; Penalties for IP violations lack severity; Piracy and Counterfeiting Hubs.
    • E.g., India features in the 2024 Notorious Markets List.
  • Trademark-Related Issues: High Levels of Counterfeiting; Poor Examination Quality
    • E.g., India is not a party to the Singapore Treaty on the Law of Trademarks.
  • New Burdens on Foreign Entities: The Biological Diversity Rules, 2024 require foreign entities to seek approval for IP protection on Indian biological resources.
  • Others: Delays in IPR Granting and Backlog, lack of awareness and education on IPR, digitization leading to online piracy etc.

Initiatives for strengthening IP ecosystem in India

  • National Intellectual Property Rights (IPR) Policy, 2016: In line with WTO’s Trade-Related Aspects of Intellectual Property (TRIPS) Agreement.
  • National Intellectual Property Awareness Mission (NIPAM), Scheme for Startups Intellectual Property Protection (SIPP), IP Saarthi chatbot
  • Patents (Amendments) Rules, 2024: Easing process of Patent registration and approval.
  • Intellectual Property Divisions: Calcutta and Himachal Pradesh High Courts have established IP Divisions in 2024, joining Delhi and Madras High Courts.
  • India committed to aligning with the WIPO Performances and Phonograms Treaty and Copyright Treaty.
  • Tags :
  • Patents Act
  • Trademark
  • Singapore Treaty
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