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Clara Montgomery
Intellectual Property Violations by India on Trump’s Trade Policy Agenda
The U.S. government is focusing on stopping intellectual property violations, particularly by India, as it prepares for further trade negotiations. India’s lack of adequate IP protection in pharmaceuticals and digital services has led to its categorization alongside China and Russia. The Trump administration seeks to address these concerns through potential out-of-cycle reviews as part of the 2025 Trade Policy Agenda.
The United States government is considering measures to prevent abuses of American intellectual property (IP), a continuation of efforts from the Trump administration’s initial term. A recent report highlights India’s insufficient IP protections, particularly concerning pharmaceuticals, medical devices, digital services, and information and communications technology (ICT). India has been listed alongside nations such as China and Russia for IP violations, which has prompted discussions of an “out-of-cycle review” before potential remedial actions are undertaken.
As part of President Trump’s 2025 Trade Policy Agenda, United States Trade Representative (USTR) Jamieson Greer categorized India in the “priority watch list” for IP violations, along with several other countries. This designation indicates India faces significant bilateral challenges outside ongoing negotiations regarding tariff barriers. Recent statements from President Trump suggest that India may also be subject to reciprocal tariffs from April 2 due to high tariffs imposed on American products.
The 2025 Trade Policy Agenda outlines the administration’s approach towards trade, noting both economic and national security challenges for the US. USTR Geer emphasized that the agenda seeks to promote American interests, stating that the current moment necessitates a rebalancing of trade priorities to place America First.
Countries such as India, China, Chile, and Indonesia were mentioned in reports regarding ongoing IP violations. The USTR’s strategies may include conducting an out-of-cycle review (OCR) to foster dialogue on these IP issues. Such reviews enable the US to engage more effectively with trading partners to address concerns surrounding IP protection.
In discussions of a potential bilateral trade agreement (BTA) between the US and India, addressing IP protection is anticipated following the finalization of negotiation roadmaps. With goals set for a BTA by Fall 2025 and a target of $500 billion in bilateral trade by 2030, the resolution of IP concerns will be crucial for progressing these negotiations.
The “2024 Special 301 Report” released by USTR indicated persistent issues with IP enforcement in India, such as rampant online piracy, substantial trademark opposition backlogs, and inadequate protections for trade secrets. The report also defines the OCR as a strategic instrument designed to facilitate improvements in IP issues through deeper engagement with trade partners. However, failing to resolve identified concerns may lead to a deteriorated status in future evaluations.
The United States is poised to reassess its approach toward India regarding intellectual property protections, marking the country as a key area of concern within Trump’s trade policy. The ongoing negotiations for a bilateral trade agreement necessitate addressing IP issues to ensure mutual benefits. The outcome of these discussions will not only affect future trade relations but also the broader landscape of international IP enforcement.
Original Source: www.hindustantimes.com
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