India should remain on 301 ‘Priority Watch List’, says PhRMA

India’s weak intellectual property enforcement regime and its vague grounds centring on compulsory licences for drugs are reasons it should remain on the “Priority Watch List” in this year’s "Special 301 Report", a pharmaceutical industry association has argued.

The US Trade Representative (USTR) is currently inviting stakeholders and governments to submit their views on which countries should be included in the 301 report, which is usually released at the end of April.

According to the Pharmaceutical Research and Manufacturers of America (PhRMA), India should remain on the list because its “legal and regulatory systems pose procedural and substantive barriers at every step of the patent process”.

The report is an annual run-down of the US’ trading partners that apparently don’t do enough to protect IP.

The call from PhRMA comes despite attempts by the Indian government to strengthen IP rights. Prime Minister Narendra Modi has committed to establishing specialised IP courts and encouraging cross-border research to improve protection.

India also faces issues with delays in patent applications being the approved by its IP office.

A patent, on average, takes six years to be granted from when it was first filed, a fact that did not go unnoticed by PhRMA.

Governments have until February 19 to supply the USTR with written comments.

The 301 report contains a “Priority Watch List” and a “Watch List” to identify the countries that are of most concern.

Occasionally, a “Priority Foreign Country”, a country about which the US has particularly serious concerns, is also included.

Last year, despite speculation to the contrary, India survived being labelled a priority country.