Anna Morgan / Shutterstock.com
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...”
The rest of this article is locked for subscribers only. Please login to continue reading.
If you don't have a login, you will need to purchase a subscription to gain access to this article, including all our online content. Please use this link and follow the steps.
To request a FREE 2-week trial subscription, use the same link but select the 'trial' option in the dropdown box. NOTE - this can take up to 48hrs to be approved.
For multi-user price options, or to check if your company has an existing subscription to us that we can add you to for FREE, please email Atif Choudhury at email@example.com
Indian Patent Office, USTR, priority watch list, Indian patent law