The US Commerce Consultant (USTR), in its newest report, put India on its ‘Precedence Watch Checklist’ for 2025, calling India one of many most-challenging main economies with regards to safety and enforcement of mental property (IP). The USTR that launched its 2025 Particular 301 Report on the adequacy and effectiveness of US buying and selling companions’ safety and enforcement of IP rights, stated regardless of India’s efforts and elevated engagement with the US, “many long-standing IP issues stay unresolved”.
“India stays one of many world’s most difficult main economies with respect to safety and enforcement of IP. Patent points proceed to be of specific concern in India. Amongst different issues, the potential menace of patent revocations and the procedural and discretionary invocation of patentability standards underneath the Indian Patents Act impression firms throughout totally different sectors,” the report acknowledged.
Patent candidates face lengthy ready durations for grants and extreme reporting necessities. Stakeholders have expressed issues over the vagueness in decoding the Indian Patents Act, it added.
The USTR says India justifies limiting IP protections to advertise entry to applied sciences however maintains excessive customs duties on IP-intensive merchandise like ICT merchandise, photo voltaic vitality tools, medical gadgets, and prescribed drugs. Considerations persist in regards to the effectiveness of India’s system for safeguarding in opposition to unfair industrial use and unauthorised disclosure of knowledge for pharmaceutical and agricultural chemical merchandise.
The US is monitoring restrictions on patent-eligible material in Part 3(d) of the Indian Patents Act and its impacts, acknowledged USTR.
The report added that whereas India has taken steps to enhance IP Workplace operations, total IP enforcement stays insufficient. Actions in opposition to web sites with pirated content material have been taken, however weak enforcement by regulation enforcement, lack of familiarity with IP-specific investigation methods, and absence of coordination amongst businesses hamper efforts.
Encouraging institution of extra state-run devoted crime enforcement items and a national-level enforcement activity drive for IP crimes, the USTR acknowledged that trademark counterfeiting stays problematic, with US model house owners reporting delays in trademark opposition proceedings and issues over examination high quality.
The Division for Promotion of Business and Inner Commerce (DPIIT) has diminished trademark software examination instances, however issues stay, stated the USTR, urging India to hitch the Singapore Treaty on the Legislation of Emblems.
The USTR additionally acknowledged India’s progress in selling IP safety and enforcement, addressing points with patent pre-grant opposition proceedings and reporting necessities by the Patents (Modification) Guidelines, 2024. The US will monitor the implementation of the amendments, it stated, encouraging additional reforms to cut back patent pendency instances, and enhance the patent system total.
