30 Apr 2024 US added India to Priority Watch List
This article covers ‘Daily Current Affairs’ and the topic details of ”US added India to Priority Watch List”. This topic is relevant in the “International Relations” section of the UPSC CSE exam.
Why in the News?
The latest iteration of the USTR Special 301 Report has once more designated India as part of the ‘Priority Watch List’ (PWL) alongside China, Russia, Venezuela, and three additional nations. This classification stems from apprehensions regarding the safeguarding and implementation of Intellectual Property (IP) rights.
Highlights of the Report
- The criticises India’s intellectual property (IP) practices, placing it alongside several other countries on a watch list for needing improvement.
- While some progress has been made on specific issues like trademark investigations, the report highlights ongoing concerns. These include widespread online piracy, a large backlog of trademark disputes, and a lack of strong legal protections for trade secrets.
- The report also urges India to comply with international IP agreements and update its copyright laws. This has been a recurring issue, with India being placed on this watch list for several years due to concerns about IP protection, enforcement, and market access for U.S. companies.
- Several other countries are also on this priority watch list, including Indonesia, Chile, and Argentina. Meanwhile, a separate watch list includes 20 additional trading partners where the U.S. sees areas for improvement, though these are considered less severe cases than those on the priority list.
- The report acknowledges the special circumstances in Ukraine and has suspended its review of that country’s IP practices due to the ongoing war.
About USTR’s Special 301 Report
- The USTR’s Special 301 Report is an annual evaluation mandated by Section 182 of the US Trade Act of 1974. It aims to review and assess the effectiveness of IP protection and enforcement practices among US trading partners.
- Designation criteria for countries into the Priority Watch List (PWL) or Watch List are determined by factors such as the severity of IP concerns, economic impact on US rights holders, and progress in addressing identified issues.
- Countries listed on the PWL face significant allegations of inadequate IP protection and enforcement. The USTR may take further actions, including formal trade investigations or sanctions, if substantial improvements are not demonstrated. Those on the Watch List exhibit some troubling IP practices, though not as severe as PWL countries. The USTR monitors them closely to encourage enhancements in their IP regimes.
- The US government implements various initiatives to bolster IP protection globally. These efforts include bilateral negotiations, participation in the World Trade Organisation (WTO), and engagement with stakeholders.
- Additionally, technical assistance is provided to developing countries to strengthen their IP systems through training programs for legal and administrative personnel. Moreover, the USTR collaborates with partner nations and organisations to combat counterfeiting and piracy through joint actions, information exchange, and capacity building.
Report on India
The report raises several ongoing issues regarding India’s intellectual property (IP) protection and enforcement:
- Insufficient and ineffective protection of IP, particularly concerning patents, copyrights, and trade secrets. The report highlights challenges faced by innovative industries, such as issues with patentability criteria, Section 3(d) of the Indian Patents Act, and the absence of an efficient system to prevent the unfair commercial utilisation of undisclosed tests or other data used for obtaining marketing approval for pharmaceutical and agrochemical products.
- Concerns regarding copyright protection and enforcement, including problems related to online piracy, camcording, and inadequate enforcement of copyright laws. The report indicates that India has not taken satisfactory measures to address these longstanding issues.
- Lack of transparency and predictability in India’s IP-related policies and practices, particularly concerning patent oppositions, compulsory licensing, and the application of patentability criteria.
Steps taken by India to safeguard IPR
- Legal Framework: India has established a comprehensive legal framework to protect various forms of intellectual property, including patents, trademarks, copyrights, and industrial designs. The country has enacted laws such as the Patents Act, the Trade Marks Act, the Copyright Act, and the Designs Act to provide statutory protection to creators and innovators.
- The National Intellectual Property Rights (IPR) Policy of 2016 consolidates all aspects of intellectual property rights into a unified vision document. It establishes an institutional framework for the effective implementation, monitoring, and periodic review of IP laws. This policy aims to foster innovation and creativity by offering stronger protection and incentives to inventors, artists, and creators.
- The Cell for IPR Promotion and Management (CIPAM) is established to oversee the execution of the National IPR Policy, ensuring coordination among relevant stakeholders.
- Furthermore, the National Intellectual Property Awareness Mission (NIPAM) serves as a flagship program aimed at enhancing awareness about intellectual property rights and providing foundational training in educational institutions.
- International Agreements: India is a signatory to various international agreements and treaties related to intellectual property, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) under the World Trade Organization (WTO). By adhering to these agreements, India commits to providing adequate protection and enforcement of intellectual property rights, thereby fostering international cooperation in this domain.
Download Yojna IAS daily current affairs Eng medium 30th April 2024
Prelims practise question
Q1. Consider the following statements:
- The report notes advancements in trademark infringement investigations and pre-grant opposition proceedings within the U.S.-India Trade Policy Forum.
- Both the Korean Republic and Uzbekistan have been removed from the Watch List as they have made substantial strides in addressing issues related to IP enforcement.
- The evaluation of Ukraine in the Special 301 review continues despite the invasion by Russia in February 2022.
How many of the statements given above are correct?
(a) Only one
(b) Only two
(c) All three
(d) None
Answer: B
Mains practise question
Q1. Do you think a temporary waiver of patent fees for essential medicines and medical equipment would have long-term implications for innovation and investment in the healthcare sector?
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