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US Places India Again On The Priority Watch List On IP Protection


US Places India Again On The Priority Watch List On IP Protection: India will continue to remain on the US’ Priority Watch List for longstanding challenges in its Intellectual Property framework and lack of sufficient measurable progress, the USTR says.

US Places India Again On The Priority Watch List On IP Protection

US Places India Again On The Priority

Alleging that the country is remaining one of the world’s most challenging significant economies in the area.

In its latest the year 2018 Special 301 Report, the US Trade Representative has to place 12 countries on its Priority Watch List.

In addition to India, other countries on the list are Algeria, Argentina, Canada, Chile, China, Colombia, Indonesia, Kuwait, Russia, Ukraine, and Venezuela.

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

Special 301 Report identifies US trading partners that do not adequately or effectively protect and enforce Intellectual Property rights or otherwise denying market accessing to its innovators and creators that rely on the protection of their Intellectual Property rights.

India remains on the Priority Watch List this year for longstanding challenges in its Intellectual Property framework and lack of sufficient measurable improvements.

Particularly concerning 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 says.

India remains one of the world’s most challenging major economies with respect to protection and enforcement of intellectual property, it says.

Defending its decision to put India on the Priority Watch List, the USTR says the longstanding Intellectual Property challenges facing US businesses in India. Including that who make it difficult for innovators to receive and maintain patents in India, particularly for the pharmaceuticals.

Among other issues including India’s enforcement action and policies that are insufficient to curb the problem, copyright policies that do not correctly.

Incentivizing the creation and commercialization of the content, and an old and inadequate trade secrets legal framework.

New and growing concerns, including concerning reductions in transparency by India’s pharmaceutical regulator through the removal of a requirement that applicants submit information on a product’s patent.

Status continues to generate skepticism about whether India is serious about pursuing pro-innovation and creativity growth policies, the USTR says.

US Places India Again On The Priority

At the same time, the report takes note of the several steps being considered by the Indian Government to improve its Intellectual Property environment.

In the year 2017, India continues to carry out high-level initiatives involving Intellectual Property, including the year 2016 National Intellectual Property Policy and Start-up India, it says.

These and other Modi Administration initiatives have to acknowledge the vital role innovation and creativity play in India’s development.

They have failing to draw a direct link to specific Intellectual Property reforms that will best help to achieve these goals, the USTR observing.

Over the past year, despite administrative actions aiming at improving India’s Intellectual Property system, India has yet to address longstanding critical deficiencies in its Intellectual Property regime, the report alleging.

In particular, India has yet to take steps to address longstanding patent issues that affect innovative industries.

Companies across different sectors remain concerning about narrow patentability standards, the potential threat of compulsory licensing and patent revocations, as well as overly broad criteria for issuing such licenses and revocations under the India Patents Act, it says.

India’s overall levels of the Intellectual Property enforcement remain deficient, and the lack of consistent progress across the country threatens to undercut the positive steps that individual states have taken, the report says.

Although India has made some administrative improvements and others are in progress, overall levels of trademark counterfeiting remain high, and US brand owners continue to reporting significant challenges and excessive delays in obtaining trademarks and efficiently utilizing opposition and cancellation proceedings, as well as the quality of examination issues.

The US, it says, continues to urge India to join critical international treaties and agreements that could improve aspects of India’s IP regime.

China remains on the Priority Watch List for the 14th consecutive year.

Longstanding and new Intellectual Property concerns merit increasing attention, including China’s coercive technology transfer practices, the range of impediments to effective Intellectual Property enforcement, and widespread infringing activity that is including trade secret theft, rampant online piracy, and counterfeit manufacturing, it says.

The annual report calls on US trading partners to address Intellectual Property relating challenges with a particular focus on the countries identified on the Watch List and Priority Watch List.

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