News Excerpt:
The United States Trade Representative (USTR) again placed India on the ‘Priority Watch List’ because of a lack of adequate intellectual property rights protection and enforcement.
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2024 Special 301 Report:
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More about News:
- There has been progress under the US-India Trade Policy Forum in addressing issues with trademark infringement investigations and pre-grant opposition proceedings. Still, numerous long-standing concerns remain, per the US Trade Representative’s 2024 Special 301 Report.
- The US continues to urge India to join the Singapore Treaty on the Law of Trademarks, which expands protectable subject matter to include non-traditional marks such as sensory marks, colour, position, and movement marks.
- No action is threatened by the US against countries on the ‘priority watch list’, but if a country slips further and is categorised as a ‘priority country’, the US may impose ‘retaliatory’ measures.
Key challenges and concerns raised by the USTR regarding India:
- Patent Issues:
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- Potential threat of patent revocations.
- Lack of presumption of patent validity.
- Narrow patentability criteria under the Indian Patents Act impact companies across different sectors.
- Costly and time-consuming pre- and post-grant oppositions.
- Long waiting periods to receive patent grants.
- Excessive reporting requirements.
- Trademark Issues:
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- High levels of trademark counterfeiting remain problematic.
- Excessive delays in trademark opposition proceedings.
- Lack of quality in trademark examination.
- Trade Secrets and Copyright:
- Insufficient legal means to protect trade secrets in India.
- High levels of piracy, particularly online, faced by copyright holders.
- India still needs to fully implement the WIPO Internet Treaties and ensure that copyright statutory licences do not extend to interactive transmissions.
India’s stance:
- India maintains that its intellectual property (IP) laws strictly adhere to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization (WTO).
- India asserts that it is not bound by any global rules to change its IP laws, implying that it believes its existing legal framework complies with international obligations.
