India again on US priority watch list for IP rights 'violations'
Washington, May 1
The United States has again placed India on its Priority Watch List for intellectual property concerns, citing continued gaps in enforcement and long-standing issues in patent protection.
The designation came in the 2026 Special 301 Report released by the Office of the US Trade Representative (USTR), which reviews how trading partners protect and enforce intellectual property rights.
India remains among six countries on the Priority Watch List, alongside China, Russia and Indonesia.
The report said India has taken some steps to strengthen its IP regime. These include adding more examiners and improving awareness. But it said progress remains uneven.
"India remains one of the world's most challenging major economies with respect to the protection and enforcement of IP," the report said.
Patent issues remain a key concern. The report pointed to long delays in approvals. It also cited "excessive reporting requirements" and prolonged opposition procedures.
The USTR said restrictions on patentable subject matter, especially in the pharmaceutical sector, continue to affect companies.
The report also flagged concerns over the lack of an effective system to protect test data used to obtain marketing approval for drugs and agricultural chemicals.
Enforcement remains weak, it said. Authorities face coordination gaps. Penalties often do not deter violations.
"India's overall IP enforcement remains inadequate," the report said.
High levels of piracy and counterfeiting continue. The report cited illegal streaming, software use and counterfeit goods as persistent problems. Trademark enforcement also faces delays. Companies report long backlogs in opposition cases and concerns over examination quality.
The report said India lacks a dedicated law on trade secrets. Companies face difficulty protecting proprietary information.
Despite the concerns, the USTR noted some positive steps. India amended patent rules in 2024. The changes aim to improve efficiency and reduce burdens.
The US said it will continue to engage India through trade talks and the Trade Policy Forum.
"Using all the enforcement tools we have to address unfair trade practices is a top priority," US Trade Representative Jamieson Greer said.
"American innovators, creators, and brand owners rely on robust IP protection and enforcement," Ambassador Rick Switzer said.
The Special 301 Report is an annual review of intellectual property protection among US trading partners.
Countries on the Priority Watch List face closer scrutiny and engagement from Washington.
India's inclusion reflects continuing differences between the two countries on intellectual property policy. The issue has long featured in trade discussions, especially in pharmaceuticals and digital sectors.
— IANS
Reader Comments
As someone who runs a software firm in Bangalore, I can tell you the IP enforcement here is genuinely weak. We've had cases of competitors copying our code and courts take years to act. The US has valid concerns, but their approach feels more like pressure for trade advantage than genuine cooperation.
Classic US double standards. They want us to open up our patent system while they themselves block vaccine IP waivers for poor nations. India should negotiate hard but not roll over on issues like compulsory licensing. Access to life-saving drugs is not negotiable. 🇮🇳
I work in pharma and see both sides. Yes, India's generic industry is critical for global health. But the delays and lack of trade secret protection are real problems. Companies invest billions in R&D, and if the IP isn't protected, innovation suffers. There needs to be a middle ground.
Pirated software and illegal streaming are definitely problems here 🙈 But the US list is politically motivated. They ignore violations by China and Russia while putting pressure on India. Our government should focus on genuine enforcement improvement without caving to US corporate interests.
Having filed multiple patents in India, I can confirm the system is painfully slow. The backlog in patent office is real. But the US shouldn't dictate our patent laws. We need to fix our own system - speed up approvals, reduce bureaucracy - but for our own benefit, not because Uncle Sam says so.
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