US Pressure and Changing Dynamics of India’s Patent Policy

Abstract

The Office of the United States Trade Representative released its annual Special 301 Report this April and India continues to be on the Priority Watch List for a record 27th time. The USTR through its annual report identifies those countries, which it considers to be having inadequate intellectual property (IP) protection for US industries, including pharmaceutical industries. The Report, every year as a custom, demands stringent IP standards and enforcement in third world countries to undermine the competitors of these US behemoths. The Special 301 Report, driven majorly by demands from lobbyists for multinational pharmaceutical corporations, is the most effective mechanism that the US government employs to pressure countries like India to amend their laws and policies to favour US industries at the cost of not only the local industry but also right to health of people. The US initiate retaliatory action(s) against such countries via trade sanctions in the form of prohibitory tariffs, which causes countries on the list to be wary of the annual report. Further, it provides for a range of country listings, remedies and possible investigations to strong-arm other countries to surrender to US demands.