The Office of the United States Trade Representative has kept India on its priority intellectual property watch list, highlighting ongoing US concerns about India’s enforcement of intellectual property laws.
US Trade Representative Special Report No. 301 of 2026 – which assesses the effectiveness and enforcement of intellectual property protection – also placed Chile, China, Indonesia, Russia and Venezuela on its priority watch list. India has also been put on the list in 2025.
“India remains one of the world’s most challenged major economies with respect to intellectual property protection and enforcement,” the report notes.
HT reached out to the Indian government but did not receive a response at the time of going to print.
Long delays in obtaining patents, enforcing intellectual property rights in sectors such as pharmaceuticals, and the spread of counterfeit goods and online piracy remain among the major concerns for the United States in dealing with India.
“While India has continued to take action against websites with pirated content over the past year, and has taken steps to improve the processes and procedures of the Intellectual Property Office, overall IPR enforcement in India remains inadequate. Weak IP enforcement by law enforcement, lack of familiarity with IP investigative techniques, continued lack of coordination among India’s many national and state law enforcement agencies, and lack of meaningful deterrent sanctions continue to hamper enforcement and prosecution efforts,” the report states.
However, placing India on the watch list does not carry any legally binding measures.
“Special Operation 301 is not legally binding; it is an administrative review used by the United States as a leverage tool. It does not impose immediate sanctions but can lead to negotiations, investigations, and sometimes trade actions if issues escalate,” according to an analysis by the Institute for World Trade Research.
The lack of criminal or civil law specifically addressing trade secret protection is also a major concern highlighted by the US Trade Representative. Earlier in March, the agency had also included select physical marketplaces in India and an e-commerce company on its list of notorious marketplaces, which are involved in intellectual property violations and sale of counterfeit goods. E-commerce company IndiaMart, Musafer Khanna Market in Mumbai, SP Road Market in Bengaluru and Tank Road in Delhi were listed.
The report also notes India’s efforts to improve IP regulation and enforcement, including establishing additional IP divisions in Indian high courts in 2024 and notifying the Indian government of geographical indication rules in 2025.
“The United States intends to continue engaging with India on intellectual property issues, including through the US-India Bilateral Trade Agreement negotiations and the TPF Intellectual Property Working Group,” the report adds, adding that Washington will press India to strengthen implementation by joining international treaties such as the Singapore Trademark Treaty.
The USTR report also adds that it will encourage India to move forward with reform efforts that will reduce patent wait times.
