A Survey of Intellectual Property Issues Between the United States and India under the Special 301 Report

84 Pages Posted: 18 Aug 2018 Last revised: 4 May 2019

Date Written: August 5, 2018


On April 30th 2018, the United States Trade Representative (USTR), once again placed India as a priority watch list country under the 2018 Special 301 Report despite the progressive steps undertaken by the Indian Government to improve its intellectual property regime by promulgating the National Intellectual Property Rights (IPR) Policy in June, 2016. The release of the National IPR Policy was perceived to bridge the long-standing discord between New Delhi and Washington D.C. on the issue of intellectual property right. However, despite this, the 2018 Special Report indicates that the US’ view on India’s IP regime has not been dented. In past, USTR has removed countries such as Hong Kong from the Special 301 watch list when it took substantial steps to improve its IP framework. In this vein, this paper takes Hong Kong as a case study to argue that USTR should upgrade India from a priority watch list to a watch list country since India has made significant improvements to its IP regime with the release of the National IPR Policy. It will also trace and analyse the interaction between the United States and India in the process of resolving disputes on intellectual property protection, which will be useful for understanding the conflict over intellectual property issues in other countries.

Keywords: Special 301, Intellectual Property, Lobby Groups

JEL Classification: K33, K39

Suggested Citation

Sharma, Seemantani, A Survey of Intellectual Property Issues Between the United States and India under the Special 301 Report (August 5, 2018). North Carolina Journal of International Law and Commercial Regulation, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3226731

Seemantani Sharma (Contact Author)

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