US retains India on its priority watch list for intellectual property rights; Vietnam faces toughest scrutiny amid ongoing challenges.

The US has placed India on its 2026 priority watch list for intellectual property rights, citing ongoing issues including a challenging patent system. Despite some progress, concerns remain over high import duties and weak enforcement of IP protections.

Sources:
Deccan HeraldBusinessLine+1
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Sources: Deccan HeraldBusinessLine
The U.S. Trade Representative's (USTR) latest report reinforces India’s position on the 2026 priority watch list due to ongoing issues with intellectual property (IP) rights protection and enforcement. The report emphasizes persistent challenges such as high import duties on IP-intensive products, patent system delays, and weak enforcement against piracy and counterfeiting.

India is recognized as one of the world’s most challenging major economies in terms of IP protection. While progress has been noted, significant concerns remain. The U.S. cited legal process delays in trademark and copyright cases and highlighted the impact of the Indian Patents Act’s Section 3(d) on pharmaceutical innovation.

“Despite India’s justifications of limiting IP protections as a way to promote access to technologies, India maintains high customs duties directed to IP-intensive products such as information and communications technology (ICT) products, solar energy equipment, medical devices, pharmaceuticals, and capital goods,” the report stated.

Vietnam also faces scrutiny, with the USTR noting that its inactions are harming industries reliant on IP. The report calls for continued engagement with India through Bilateral Trade Agreement negotiations and the TPF’s Intellectual Property Working Group in addressing these IP-related issues. As U.S. Ambassador Jamieson Greer stated, “Using all the enforcement tools we have to address unfair trade practices is a top priority.”
Sources: BusinessLineDeccan Herald
The U.S. has retained India on its 2026 priority watch list for intellectual property rights alongside Vietnam, flagging ongoing concerns over inadequate enforcement, high import duties, and delays in legal processes. Other countries on the list include China and Russia, noted for their IP-related challenges.
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The Headline

US Retains India on IP Watch List

Key Facts
  • US places India on its 2026 priority watch list for intellectual property rights in a special report released by the US Trade Representative.1
  • India is among six countries including China, Russia, and Vietnam on the priority watch list, which highlights challenges in IP protection.Deccan Herald
  • The US noted that India has made some progress in intellectual property protection, but significant issues remain.1
  • Concerns include delays in the patent system, strict rules leading to rejections, and weak enforcement of IP against piracy and counterfeiting.1
  • The US plans to engage with India on IP matters through negotiations and working groups despite the ongoing issues.2BusinessLine
  • Vietnam faces scrutiny due to significant damages caused by its actions or inactions affecting industries reliant on IP.Deccan Herald
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Background Context

Context on India's IP Challenges

Key Facts
  • India remains a challenging economy in terms of IP protection and enforcement, particularly highlighted by concerns over high import duties and lengthy legal processes.1
  • Ongoing patent issues continue to be a concern, especially regarding the restrictions in Section 3(d) of the Indian Patents Act that affects pharmaceutical patents.BusinessLine
  • India's justification for limiting IP protections relates to promoting access to technologies, though this has drawn criticism due to high customs duties on IP-intensive products.BusinessLine
  • The priority watch list designation emphasizes ongoing bilateral engagement rather than immediate trade sanctions against India.BusinessLine
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