IP violations by India now on Trump’s Trade Policy Agenda
The US government is contemplating to strictly stop the abuse of American intellectual property, a task that remained incomplete during Trump’s first term
India is unable to provide adequate intellectual property (IP) protection, mainly on pharmaceutical products, medical devices, digital services, and information and communications technology (ICT), the Trump administration has said in a new report, clubbing it with countries like China and Russia for IP violations and proposing an “out-of-cycle review” before taking remedial actions.
The US government is contemplating to strictly stop the abuse of American intellectual property, a task that remained incomplete during Trump’s first term, two people aware of the development said, requesting anonymity.
Acting on the January 20th presidential memorandum, United States Trade Representative (USTR) Jamieson Greer tabled President Trump’s 2025 Trade Policy Agenda that clubbed India in the “priority watch list” for IP violations along with China, Russia, Argentina, Chile, Indonesia and Venezuela.
“This could be another major bilateral issue for India to resolve besides ongoing negotiation on tariff barriers,” one of them said. Even as an Indian delegation led by commerce minister Piyush Goyal was in the US for negotiating a bilateral trade agreement (BTA), President Trump on Wednesday threatened to impose reciprocal tariffs on several countries, including India, from April 2 for levying high tariffs on American goods.
Trump’s 2025 Trade Policy Agenda lays out the administration’s vision for trade, describing the economic and national security challenges facing the US, and articulates a plan for rebalancing trade to address those challenges, the USTR said in a statement on March 3.
“Today’s Trade Agenda lays out the thinking and vision that undergird that plan. The current moment demands action to put America First on trade, and the Trade Agenda explains the importance of President Trump’s trade policy to American workers and businesses,” Geer said in his statement while announcing the policy agenda.
The report expressed concerns over continued IP violations by some countries such as Chile, China, Thailand, Turkiye, India and Indonesia.
“When appropriate, USTR may conduct an out-of-cycle review (OCR) to encourage progress on IP issues of concern. OCRs provide an opportunity to address and remedy such issues through heightened engagement with trading partners and other stakeholders,” it said.
Successful resolution of specific IP issues of concern can lead to a positive change in a trading partner’s status outside of the typical period for the annual review, it added.
According to the first person mentioned above, the US may raise the issue of adequate IP protection after the two partners finalise a road map for negotiating a mutually beneficial bilateral trade agreement (BTA). Prime Minister Narendra Modi and President Donald Trump last month agreed to sign a BTA by the fall of 2025 and aimed at $500 billion worth of bilateral trade by 2030. “The Trump administration has not yet raised the IP issue formally,” a second person said.
The “2024 Special 301 Report” on intellectual property protection and enforcement released by the USTR on April 25 last year pointed at inadequate IP enforcement in India, including high rates of online piracy, an extensive trademark opposition backlog, and insufficient legal means to protect trade secrets. The USTR prepares the Special 301 Report annually by reviewing the state of intellectual property protection and enforcement in trading partner countries.
An out-of-cycle review (OCR) is a tool that the USTR uses to encourage progress on IP issues of concern. It provides an opportunity to address and remedy such issues through heightened engagement and cooperation with trading partners and other stakeholders, the special report said. Successful resolution leads to a positive change in a trading partner’s status outside of the annual review. Conversely, failure to address identified IP concerns can lead to an adverse change in status.
