India on America's monitoring list in IP security issue

The United States has decided to place India on the watch list in the intellectual property (IP) protection case on April 25, 2024. In this context, the US informed that India remains one of the most challenging major economies in the world with regard to IP security.

2024 Special 301 Report released by USTR:

• Along with India, Argentina, Chile, China, Indonesia, Russia and Venezuela are also included in the watch list in the 2024 Special 301 report released by the US Trade Representatives (USTR).
• The Dominican Republic is no longer on the monitoring list.
• This report is an annual review of the global state of IP protection.

What is India's position in the report?

• However, progress has been made under the US-India Trade Policy Forum in resolving some cases including investigation of trademark infringement, the report said. But some long-standing concerns remain. These include high rates of online piracy.
• According to US Trade Representative Katherine Tai, the patent issue is of particular concern in India. Also patent applicants in India face long waiting periods to obtain patent grants.
• These include inadequate IP enforcement, including high rates of online piracy, extensive trademark opposition backlogs, and inadequate legal means to protect trade secrets.
• India still needs to fully implement the WIPO Internet treaties and ensure that copyright statutory licenses do not extend to interactive transmissions.
• USTR said that over the past year, India has been inconsistent in its progress on intellectual property (IP) protection and enforcement.

Several concerns were expressed in the context of India:

• Despite India's efforts to enhance its intellectual property regime:
  • This includes raising public awareness about the importance of IP.
  • There has been increased engagement with the United States on IP issues.
  • But progress remains lacking on several long-standing IP concerns.
• According to the 301 Report, India remains one of the most challenged major economies in the world with respect to IP protection and enforcement.
• Patent issues remain a matter of particular concern in India. Among other concerns, there is the potential threat of patent revocation.
• Patent applicants face long waiting periods and excessive reporting requirements to obtain a patent grant.
• Stakeholders continue to express concern over ambiguity in the interpretation of the Indian Patent Act.