US puts India back on intellectual property Priority Watch List
Washington flags long-standing concerns over patents, enforcement, and data protection in 2025 trade report
WASHINGTON (MNTV) — The United States has once again placed India on its Priority Watch List for inadequate protection and enforcement of intellectual property rights, listing the country alongside China, Russia, and five others in the 2025 Special 301 Report released by the Office of the U.S. Trade Representative (USTR).
Calling India “one of the world’s most challenging major economies” in terms of intellectual property (IP) protection, the USTR said long-standing concerns remain unresolved, despite New Delhi’s increased engagement with Washington on IP-related issues.
India joins seven other countries on the Priority Watch List: China, Russia, Indonesia, Argentina, Chile, Mexico, and Venezuela. Countries on the list face the possibility of enforcement actions under Section 301 of the Trade Act or international dispute resolution through mechanisms such as the World Trade Organization (WTO), if adequate progress is not made.
The USTR expressed particular concern about India’s patent regime, including what it described as vague interpretations of the Indian Patents Act, prolonged waiting periods for patent approvals, and burdensome reporting requirements.
The report also criticized India for the potential threat of patent revocations and the procedural and discretionary invocation of patentability criteria under the Indian Patents Act, which it said impact companies across different sectors.
“India maintains high customs duties on IP-intensive goods such as ICT products, solar panels, medical devices, and pharmaceuticals,” the report noted, adding that such barriers further complicate market access for American companies.
While the USTR acknowledged that India has made progress in improving operations within its IP offices, including the digitalization of filings and some enforcement against piracy websites, the overall enforcement landscape remains weak. Law enforcement agencies often lack IP-specific investigative skills, and coordination among agencies is limited, it said.
The report also flagged concerns about the inadequate protection of confidential data submitted for regulatory approvals of pharmaceuticals and agricultural chemicals, including weak safeguards against unauthorized use and disclosure.
India has consistently defended its intellectual property framework, arguing that it is fully compliant with the WTO’s TRIPS Agreement and balances innovation with public interest, particularly in ensuring access to affordable medicines and technology.
New Delhi has also rejected unilateral assessments such as the Special 301 Report, characterizing them as external pressure tools that attempt to push countries to adopt IP standards beyond their global obligations.
The report’s findings are largely informed by submissions from American industry stakeholders, who shared their perceptions of IP enforcement and protection in foreign jurisdictions.
The inclusion of India on the Priority Watch List comes at a time when Washington and New Delhi are working to deepen bilateral trade and technology cooperation, with both sides aiming to push two-way trade to $500 billion by 2030.
However, the USTR’s 2025 report makes clear that IP remains a major friction point, one that could invite further scrutiny if reforms and enforcement measures are not accelerated.
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