US puts India again on priority watch list for IP protection issues

India would continue to remain on the US' Priority Watch List for longstanding challenges in its IP framework and lack of sufficient measurable progress, the USTR said, alleging that the country remains one of the world's most challenging major economies in the area.

In its 2018 Special 301 Report, the US Trade Representative has placed 12 countries on its Priority Watch List.

Other countries on the list include Algeria, Argentina, Canada, Chile, China, Colombia, Indonesia, Kuwait, Russia, Ukraine, and Venezuela.

The Intellectual Property (IP) issues in these countries will be the subject of intense bilateral engagement during the coming year, the USTR said in its report.

Special 301 Report identifies US trading partners that do not adequately or effectively protect and enforce IP rights or otherwise deny market access to its innovators and creators that rely on protection of their IP rights.

India "remains on the Priority Watch List this year for longstanding challenges in its IP framework and lack of sufficient measurable improvements, particularly with respect to patents, copyrights, trade secrets, and enforcement, as well as for new issues that have negatively affected US right holders over the past year," the USTR said.

Defending its decision on India, the USTR said the longstanding IP challenges facing US businesses in India include those which make it difficult for innovators to receive and maintain patents in India, particularly for pharmaceuticals.

Transparency issues

Other issues include India’s enforcement action and policies that are insufficient to curb the problem, copyright policies that do not properly incentivise the creation and commercialisation of content, and an outdated and insufficient trade secrets legal framework.

New and growing concerns, including with respect to reductions in transparency by India’s pharmaceutical regulator through the removal of a requirement that applicants submit information about a product’s patent status, continue to generate skepticism about whether India is serious about pursuing pro-innovation and -creativity growth policies, the USTR said.

At the same time, the report takes note of the several steps being taken by the Indian government to improve its IP environment.