US 'Priority Watch List' – Careers Ready


recently US Trade Representative's '2024 Special 301 Report' has been released Which includes China, Russia, Venezuela, Indonesia, Chile and Argentina. India has again been included in the 'Priority Watch List' of countries.

related facts

  • last few years In (including year 2020 and year 2021), India has been listed in this report.
  • Progress has been made under the US-India Trade Policy Forum in addressing the issues of trademark infringement investigations and pre-grant opposition proceedings, but according to the US Trade Representative's 2024 Special 301 Report Many long-term concerns remain.

Reasons for keeping India in the priority monitoring list

  • Intellectual Property (IP) For alleged problems related to security and enforcement.
    • Intellectual Property Rights (IPR): IPR inventor or The creator has to sell his intellectual work for a specific period. are legal privileges given for the protection of works (in art, science, literature, etc.).
  • Maintenance of High Customs: India produces information and communication technology (ICT) products, and products such as energy equipment, medical devices, pharmaceuticals and capital goods. IP-intensive products Maintains high customs duty.
  • Patent Issues: Threat of Patent Revocation and Procedural Patent Eligibility Criteria under the Indian Patent Act And discretionary calls affect companies across a variety of sectors.
    • Other than thisLong waiting periods and excessive reporting requirements for patent applicants to receive patent grants Have to face. Stakeholders continue to express concern over ambiguity in the interpretation of the Indian Patent Act.
  • Various Challenges: in these Inadequate IP enforcement, including high rates of online piracy, an extensive trademark opposition backlog and protection of trade secrets Insufficient legal means are involved.

India's stance

  • Strict adherence to laws: India has always maintained that its intellectual property laws strictly follow the WTO's Trade Related Intellectual Property Rights (TRIPS) agreement and it is not bound by any global rules to change its laws. Is.
    • Trade-Related Aspects of Intellectual Property Rights (TRIPS): TRIPS is an agreement under the WTO that establishes minimum standards for intellectual property protection among member countries. This includes various forms of intellectual property, including patents, copyrights, trademarks and trade secrets.
  • no danger: The US does not threaten any action against countries on the 'Priority Watch List', but if a country progresses to the next step and is classified as a 'Priority Country', the US may take 'retaliatory action'. 'Can implement measures.

About 'Special 301' Report

  • An annual report: USTR each year''Special 301 Report' Releases in different countries IP protection and enforcement regime The situation is highlighted.
    • This is mandated by Section 182 of the US Trade Act of 1974.
  • Agreement: This annual review focuses on innovation, including effective IP protection and enforcement, in markets around the world. Reflects the US Administration's determination to promote and maintain an enabling environmentwhich benefits not only US exporters but also domestic IP intensive industries in those markets.
  • Classification: Based on this review, the U.S. Trade Representative determines which, if any, of these should be recognized as priority foreign countries or To be placed on priority watch list or monitoring list.
    • Priority Watch List: This list includes countries which Faces the most serious allegations of inadequate IP protection and enforcement.
      • If they fail to demonstrate significant improvements, the USTR may initiate a formal trade investigation or impose sanctions.
  • Watch List: This list includes countries that the US believes require bilateral attention to address underlying IP problems, but that are superior to countries on the 'Priority Watch List'.
    • this years, 20 business partner 'watch list'Are in.
    • These are Algeria, Barbados, Belarus, Bolivia, Brazil, Bulgaria, Canada, Colombia, Ecuador, Egypt, Guatemala, Mexico, Pakistan, Paraguay, Peru, Thailand, Trinidad and Tobago, Turkey, Turkmenistan and Vietnam.

necessary actions

  • Full implementation of norms: India still needs to fully implement the WIPO Internet treaties and ensure that copyright statutory licenses do not extend to interactive transmissions.
  • Support: To deal with such issues, there is a need to establish a joint IP Commission with representatives from government, industry and academia.
  • Focus on capacity building: India needs to increase its capacity building capacity, taking help from examples of other countries such as the US-Mexico-Canada Agreement (USMCA), which includes provisions for technical assistance on IP enforcement.
  • Transparency: Both India and the US need to promote greater transparency in IP decision-making processes.
  • Establishment of efficient dispute resolution mechanism: It is time to establish a streamlined arbitration mechanism to resolve IP disputes between companies, similar to the IP arbitration provisions within the Singapore-India Comprehensive Economic Cooperation Agreement (CEPA).

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