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 pointed out that India remains one of the most challenged major economies in the world.
2024 Special 301 Report released by USTR
- Along with India, Argentina, Chile, China, Indonesia, Russia and Venezuela have also been 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 watch list.
- This report is an annual review of the global state of IP protection.
USTR ‘Special 301’ Report
- This report reflects the results of the US Trade Representative-mandated annual review of the global state of intellectual property (IP) rights protection and enforcement.
- The report reviews existing legislative, regulatory, judicial and enforcement actions on IPR in all countries. It also highlights systemic priorities for U.S. government engagement to advance creativity globally.
Important points of the report
- India remains one of the “world’s most challenged” economies with respect to intellectual property protection and enforcement.
- In this report, India has been placed along with Argentina, Chile, China, Indonesia, Russia and Venezuela. These countries will be the subject of particularly intense bilateral engagement during the coming year, USTR said.
India “Most Challenging Category”
- Many long-standing problems persist with respect to India, such as 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.
- Although India has worked to strengthen its IP regime, including by increasing public awareness of the importance of IP, and increased engagement with the United States on IP issues, progress on many issues has been long overdue. The shortage remains. Patent issues remain a matter of particular concern in India. Among other concerns, the potential threat of patent invalidation and procedural and discretionary invocation of patent eligibility criteria under the Indian Patent Act affect companies across sectors.
- Furthermore, patent applicants face long waiting periods and excessive reporting requirements to obtain patent grants. Stakeholders continue to express concerns over ambiguity in the interpretation of the Indian Patent Act.
India’s stance
- India says its intellectual property laws strictly follow the WTO’s Trade-Related Intellectual Property Rights (TRIPS) agreement and it is not bound by any global rules to change its laws.
- The government has taken several steps to strengthen IP protection in the country, including the establishment of specialized intellectual property tribunals, increased enforcement and development of a national IPR policy.
Intellectual property protection in India
- IPRs in India are protected by several laws and regulations including the Trademark Act, Patent Act and Copyright Act.
- These laws attempt to protect creators and inventors by granting them exclusive rights over their creations or innovations, as well as providing legal recourse in the event of infringement.
The following acts mainly govern IP protection in India
- Trade Marks Act, 1999
- Patent Act, 1970
- Copyright Act, 1957
- Design Act, 2000
- Geographical Indications of Goods (Registration and Protection) Act, 1999
- Semiconductor Integrated Circuit Layout Design Act, 2000
- Protection of Plant Varieties and Farmers’ Rights Act, 2001
- Information Technology Act, 2000.