United States Retains India on "Priority Watch List" for Intellectual Property Rights
The United States has maintained India's position on its “priority watch list” concerning the protection and enforcement of intellectual property (IP) rights, highlighting it as one of the world's "most challenging" major economies in this domain.
Acknowledgments and Concerns
- While the US Trade Representative (USTR) acknowledged India's “meaningful progress” in strengthening its IP regime, including increased public awareness and engagement with the US, it also pointed out long-standing concerns.
- The report emphasizes that patent issues remain a significant concern in India, with stakeholders expressing worries about the "vagueness" in the interpretation of the Indian patents law.
Global Context
- India is not alone on this list; seven other countries—China, Russia, Indonesia, Chile, Argentina, Mexico, and Venezuela—are also included.
- The USTR has warned that failure to address these concerns could lead to actions, potentially involving international dispute-settlement mechanisms.
Specific Issues
- Trademark Counterfeiting: Remains problematic in India. Despite initiatives to reduce trademark application examination times to less than 30 days, concerns persist regarding examination quality and delays in opposition proceedings.
- India has made progress in addressing patent pre-grant opposition proceedings and reporting requirements through the notification of the Patents (Amendment) Rules, 2024.
Future Monitoring and Engagement
- The US will continue to engage with India on these issues, monitoring the implementation of reforms and encouraging further efforts to enhance the patent system, reduce pendency times, and improve the system for all users.
Findings of USTR Report
- India has made “meaningful progress” in strengthening its IP regime.
- India is still considered one of the “most challenging” major economies for IP matters.
- China, Russia, Indonesia, Chile, Argentina, Mexico, and Venezuela are also on the list.
- Continued concerns regarding trademark counterfeiting and examination quality.
