India is ranked as one of the most difficult countries for IPR safety by the US

India, along with China, Indonesia, Russia, Chile, and Venezuela, is still on Priority Watch for intellectual property rights (IPR) enforcement and protection, according to the US Trade Representative, who also named India as one of the big nations with the greatest challenges in this regard.

“These nations will be the focus of especially intense bilateral engagement in the upcoming year,” a report from USTR stated, enumerating a number of concerns about India, a country that appears on numerous dubious lists and is a leading supplier of fake auto parts and medications as well as online piracy.

India has been included to the list before as well. The Indian government and US authorities have differing opinions about several areas of India’s intellectual property rights system. One particular point of contention for the Americans and Big Pharma is the process by which medical patents are issued.

India is ranked as one of the most difficult countries for IPR safety by the US
A few years ago, India chose to use special legal provisions to give compulsory licences in an attempt to cut the cost of patented medicines, which prompted the US authorities to take action against the country. They have released some of the pressure since then.

In actuality, the 2024 USTR Special 301 Report highlights the advancements achieved on a few difficulties and considers the most recent conversations with Indian authorities. Furthermore, it was reported that dedicated courts and IP enforcement sections had been established. The high courts in Madras and Delhi have established IPR benches recently, and the Calcutta High Court will shortly have one as well.
“India finalized the Patents (Amendments) Rules, 2024, which include a reduction in the reporting period for reporting foreign applications, an update to the patent working reporting form, and modifications to the pre-grant opposition processes. The statement said, “The modifications may lessen enduring obstacles for patent applicants.

Despite this, the study bemoaned the lack of proper IP enforcement, citing significant levels of online piracy, a long backlog of trademark opposition, and a lack of necessary legal measures to safeguard trade secrets. It said that among other things, India still needed to make sure that copyright statutory licenses would not apply to interactive transmissions and that the WIPO Internet Treaties were completely implemented.

According to the research, China, Singapore, and India were the top three countries of origin for fake medications found at the US border in fiscal year 2023.
In addition, trademark infringement was noted. Global trademark counterfeiting is still an issue, with a wide range of counterfeit items being produced, transshipped, and sold. The report stated that counterfeit goods are sold directly to buyers worldwide from China and other source nations like India and Turkey.

These include semiconductors and other electronics, chemicals, medications, automotive and aircraft parts, food and beverages, household consumer products, personal care products, apparel and footwear, toys, and sporting goods.