Special 301 Report 2026: India Stays on Priority Watch List
Why in the news
The US Trade Representative (USTR) published its yearly Special 301 Report on intellectual property rights (IPR). India remained on the Priority Watch List, meaning Washington thinks its IP protection or enforcement is not adequate and effective.
Key facts
- The report sorts trading partners by how serious the US considers their IP shortcomings.
- Priority Foreign Country: Vietnam, the gravest tier, which can open the door to Section 301 investigations or sanctions.
- Priority Watch List: six countries: India, China, Russia, Indonesia, Chile, Venezuela.
- Watch List: the European Union has been newly placed in this tier, citing its pharmaceutical legislation and geographical indications.
- Argentina was taken off the priority list.
- The USTR calls India one of the most challenging large economies on IP.
Category snapshot
| Tier | Meaning | 2026 placements |
|---|---|---|
| Priority Foreign Country | Most severe, systemic violations; investigation possible | Vietnam |
| Priority Watch List | Serious concerns needing top-level engagement | India, China, Russia and others |
| Watch List | Needs bilateral monitoring, but milder | European Union and others |
US complaints about India
Patent law
- Section 3(d) of the Patents Act is seen as the main irritant, because it stops evergreening, i.e. small tweaks to an old drug to prolong its monopoly.
- The US is uneasy about compulsory licensing, which lets the government override patents in a health emergency to enable cheaper generics.
Data protection and delays
- Washington wants data exclusivity for test data, so generic makers cannot rely on an innovator’s clinical trial data for approval.
- Long waits for patent and trademark grants create uncertainty for firms.
Enforcement and tariffs
- Piracy of software and media and trademark counterfeiting continue to be flagged.
- High customs duties on ICT products, solar equipment and medical devices are called discriminatory.
Background: key concepts
- Section 301 of the US Trade Act of 1974 lets the President act, including by retaliation, against foreign practices that breach trade agreements or are unjustified and burden US commerce.
- Evergreening means extending patent life through minor modifications such as a new delivery form or salt version.
Implications for India
- India holds that its IPR laws comply with the WTO’s TRIPS Agreement.
- The listing is a repeated source of diplomatic friction and may serve as a bargaining chip in the coming US-India bilateral trade agreement talks.
- India weighs IPR against access to affordable medicines, often pointing to its image as the “Pharmacy of the World”.
Exam angle
- Issuing body: Office of the US Trade Representative; the frequency is annual.
- Only Vietnam is a Priority Foreign Country in 2026.
- Related terms: evergreening, compulsory licensing, data exclusivity, TRIPS.