USTR Releases 2025 “Special 301 Report” on Protecting Intellectual Property Rights

Syllabus: GS 3/intellectual Property Rights

In News

  • The Office of the United States Trade Representative (USTR) released its 2025 Special 301 Report assessing the adequacy and effectiveness of intellectual property (IP) rights protection and enforcement by U.S. trading partners.

The “Special 301” Report

  • It is an annual review of the global state of IP protection and enforcement. USTR conducts this review pursuant to Section 182 of the Trade Act of 1974, as amended by the Omnibus Trade and Competitiveness Act of 1988 and the Uruguay Round Agreements Act.
  • It aims to promote innovation by identifying and addressing challenges that hinder IP rights, including weak enforcement, inadequate trade secret protection, discriminatory innovation policies, online piracy, counterfeit goods, and restrictive market access measures.
  • In the latest report, over 100 trading partners were reviewed, with 26 placed on the Priority Watch List or Watch List.
    • The review of Ukraine was suspended due to the ongoing war.
The-Special-301-Report

India Specific Findings and Related Concerns 

  • India has once again been placed on the U.S. Trade Representative’s (USTR) ‘Priority Watch List’ in the 2025 Special 301 Report due to ongoing concerns about intellectual property (IP) protection and enforcement. 
  • Despite some progress, such as amendments to patent rules and increased engagement with the U.S., India continues to face criticism for vague patent laws, long approval delays, weak copyright enforcement, and insufficient trade secret protections. 
  • The report highlights issues like unauthorized file sharing, piracy, and high customs duties on IP-intensive products. 

Steps and Progress of India 

  • India had made meaningful progress to promote IP protection and enforcement in some areas and took steps to partially address long-standing issues with patent pre-grant opposition proceedings and cumbersome reporting requirements by notifying the Patents (Amendment) Rules, 2024.

Future Outlook 

  • The US will monitor the implementation of the amendments and  encourage further reforms to reduce patent pendency times, and improve the patent system overall.
Do you know? 
– According to the World Intellectual Property Indicators (WIPI) 2024, India is among the top ten countries globally in all three major intellectual property (IP) categories—patents, trademarks, and industrial designs. 
– In 2023, India recorded the fastest growth in patent applications (15.7%) among the top 20 countries, ranking sixth globally with over 64,000 filings, more than half of which were by residents.
– Patent grants surged by 149.4% year-on-year, reflecting a rapidly evolving IP ecosystem.
– Between 2018 and 2023, patent and design filings more than doubled, while trademarks rose by 60%, and India’s patent-to-GDP ratio nearly tripled.
Industrial design applications rose 36.4%, led by sectors like textiles, tools, and health. India also ranked fourth in global trademark filings in 2023, with 90% filed by residents, and now has the world’s second-largest number of active trademark registrations (3.2 million). 
1. These trends highlight India’s growing focus on innovation and IP-driven growth.

Source :TH

 

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