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US puts India on priority watch list for IP rights—what does it mean?

The designation comes from the Special 301 Report released by the United States Trade Representative, which reviews how trading partners protect intellectual property.

By Trisha Katyayan

May 01, 2026 13:46 IST

The United States has placed India on its 2026 Priority Watch List for intellectual property (IP) rights, highlighting ongoing concerns around protection and enforcement mechanisms.

India flagged in annual IP report

The designation comes from the Special 301 Report released by the United States Trade Representative (USTR), which reviews how trading partners protect intellectual property such as patents, copyrights and trademarks.

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India is among six countries on the Priority Watch List this year, alongside Chile, China, Indonesia, Russia and Venezuela.

"India remains one of the world's most challenging major economies with respect to the protection and enforcement of IP," the report said.

Key concerns highlighted

The US acknowledged that India has made some progress, but flagged several persistent issues. These include delays in the patent system, strict rules that can lead to rejections, and the possibility of revocations.

Weak enforcement remains another major concern. The report points to continued piracy and counterfeiting, along with gaps in coordination among enforcement agencies. It also highlighted high import duties on IP-related products and limited protection for trade secrets and test data.

Legal delays, especially in trademark and copyright cases, were also noted as areas needing improvement.

What the designation means

Being placed on the Priority Watch List indicates that the US sees significant gaps in a country's IP framework. Countries on this list face closer monitoring and engagement from Washington.

"The US intends to continue to engage with India on IP matters, including through US-India Bilateral Trade Agreement negotiations and the TPF's Intellectual Property Working Group," the report said.

Global context and other changes

The report also identified Vietnam as a Priority Foreign Country, the most severe classification under US trade law. This designation can lead to a formal investigation under Section 301 of the Trade Act within 30 days.

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Meanwhile, 19 countries, including Pakistan, Turkey and Brazil, are on the Watch List. The USTR noted that it will continue using enforcement tools to address what it describes as unfair trade practices.

Overall, the report reflects continued scrutiny of global IP systems, with India remaining a key focus for engagement and discussion.

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