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Ranjan Narula addresses some of the current issues facing India’s IP practitioners.
Why is India on the USTR priority watch list?
The Special 301 Report prepared annually by the Office of the US Trade Representative (USTR), identifies trade barriers to US companies and products due to the IP laws of foreign countries. India has been on its priority watch list every year for the last ten due to its weak enforcement regime, leading to higher piracy levels and the circulation of counterfeit goods.
For the first time this year the report also mentions weaknesses in Indian patent law. The report notes: “The US is concerned that the recent decision by India’s Supreme Court with respect to India’s prohibition on patents for certain chemical forms absent a showing of ‘enhanced efficacy’ may have the effect of limiting the patentability of potentially beneficial innovations...”
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Indian Patent Office, USTR, priority watch list, Indian patent law