WASHINGTON — The United States has again placed India on its Priority Watch List for intellectual property concerns, citing gaps in enforcement, patent protection and trade secrets safeguards.
The designation was included in the 2026 Special 301 Report released by the Office of the U.S. Trade Representative, which reviews how trading partners protect and enforce intellectual property rights.
India remains one of six countries on the Priority Watch List, along with China, Russia and Indonesia. The report said India has taken some steps to strengthen its intellectual property system, including adding more examiners and improving awareness, but 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 protection remains a major concern for Washington. The report cited long approval delays, “excessive reporting requirements” and prolonged opposition procedures. It also said restrictions on patentable subject matter, particularly in the pharmaceutical sector, continue to affect companies.
The USTR also raised concerns about the lack of an effective system to protect test data used to obtain marketing approval for drugs and agricultural chemicals.
Enforcement remains another weak point, according to the report. The USTR said authorities face coordination gaps and that penalties often fail to deter violations.
“India’s overall IP enforcement remains inadequate,” the report said.
The report also cited persistent piracy and counterfeiting, including illegal streaming, unlicensed software use and counterfeit goods. Trademark enforcement continues to face delays, with companies reporting long backlogs in opposition cases and concerns about examination quality.
The USTR said India also lacks a dedicated law on trade secrets, making it harder for companies to protect proprietary information.
Despite the concerns, the report noted some positive steps, including India’s 2024 patent rule amendments, which were aimed at improving efficiency and reducing administrative burdens.
The U.S. said it will continue to engage India through trade discussions and the Trade Policy Forum.
“Using all the enforcement tools we have to address unfair trade practices is a top priority,” U.S. 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 protections among U.S. trading partners. Countries placed on the Priority Watch List face closer scrutiny and engagement from Washington.
India’s inclusion reflects long-running differences between Washington and New Delhi over intellectual property policy, particularly in pharmaceuticals and digital sectors. (Source: IANS)
