“These countries will be the subject of particularly intense bilateral engagement during the coming year,” USTR stated in a report, whereas itemizing a number of considerations relating to India which figures on a number of doubtful lists – from being among the highest sources of counterfeit medicines and auto elements to on-line piracy.
It isn’t the primary time that India has been put on the listing. Govt and the US authorities have divergent views on a number of points of India’s mental property rights regime, with the best way patents are granted for medicines being a pet peeve for the Americans and Big Pharma.
The US authorities had gone after India a number of years in the past after it determined to invoke particular provisions underneath the legislation to grant obligatory licence in a bid to decrease the value of a patented medication. Since then, they’ve eased the strain.
The 2024 USTR Special 301 Report, actually, takes into consideration the latest discussions with Indian authorities and factors to the progress made on sure points. In addition, it additionally famous the institution of specialized IP enforcement models and courts which were arrange. In latest years, IPR benches have been arrange within the Delhi and Madras excessive courts, with Calcutta HC to get one quickly.
“India finalised the Patents (Amendments) Rules, 2024, which include amendments to the procedures for pre-grant oppositions, an update to the reporting form for patent working, and decreased reporting time for reporting foreign applications. The amendments have the potential to reduce long-standing burdens on patent applicants,” it stated.
But the report nonetheless moaned about insufficient IP enforcement, together with excessive charges of on-line piracy, an in depth trademark opposition backlog, and inadequate authorized means to guard commerce secrets and techniques. “Among other things, India still needs to fully implement the WIPO Internet Treaties and to ensure that copyright statutory licenses do not extend to interactive transmissions,” it stated.
The report stated that in fiscal 12 months 2023, India, Singapore and China have been among the highest nations of origin for counterfeit prescribed drugs seized on the US border.
It additionally flagged trademark violations. “The problem of trademark counterfeiting continues on a global scale and involves the production, transshipment, and sale of a vast array of fake goods. Counterfeit goods, including semiconductors and other electronics, chemicals, medicines, automotive and aircraft parts, food and beverages, household consumer products, personal care products, apparel and footwear, toys, and sporting goods, make their way from China and other source countries, such as India and Türkiye, directly to purchasers around the world,” the report stated.
