India Inc asserts IP regime is robust; seeks removal from USTR’s priority watch list

Indian industry representatives have requested the Office of the United States Trade Representative (USTR) to remove India from its Priority Watch List, stating that the country has addressed intellectual property (IP) protection-related concerns of US industries through sustained reform measures, demonstrable progress, and strategic cooperation with the US government.

The submissions gain importance in the context of the recent India-US joint statement that spoke about a mutually agreed framework for an Interim Agreement regarding reciprocal and mutually beneficial trade between the two countries.

The Priority Watch List is part of the USTR’s annual Special 301 Report, which categorises countries based on the level of IP protection they provide to US companies. Placement on the Priority Watch List indicates concerns regarding IP protection and enforcement.

In its submission to the USTR, the Indian Pharmaceutical Alliance (IPA), a body representing 23 leading Indian pharmaceutical companies that account for approximately 85% of private sector investment in pharmaceutical research and development in India and 80% of India’s drug and pharmaceutical exports, said the continued designation of India on the Priority Watch List no longer accurately reflects the facts on the ground or the trajectory of India’s IP regime and business environment.

“India is fully compliant with its international IPR obligations and is proactively strengthening a predictable, transparent, and innovation-supportive IP environment. India remains committed to constructive engagement with the US and other stakeholders and to fostering an IPR environment that supports innovation, competition, and equitable access to medicines,” the IPA stated.

The apex industry chamber Confederation of Indian Industry (CII) also echoed the same view in a separate submission made to the USTR. “Given the dynamic and rapidly evolving global trade landscape, it is essential that assessments are grounded in a balanced, evidence-based, and mutually informed perspective. Premature conclusions risk overstating concerns and overlooking substantial progress,” the CII submission said.

The CII urged the USTR to reconsider its present assessment and to view India’s request for removal from the Section 301 list in light of the strong, transparent, and increasingly robust IPR framework that continues to develop in the country. “Such reconsideration would be regarded as a positive and encouraging gesture by Indian industry, further strengthening the spirit of cooperation between our two economies,” it said.