A trade expert said India has a well established legislative, administrative and judicial framework to safeguard IPR that meets its obligations under the WTO’s Agreement on Trade Related IPRs (TRIPS).The concerns identified in the report are based on the inputs provided by the American industry on their perception of the level of protection provided by India to Intellectual Property.The report also said patent issues continue to be of particular concern in India.”Among other concerns, the potential threat of patent revocations and the procedural and discretionary invocation of patentability criteria under the Indian Patents Act impact companies across different sectors. Moreover, patent applicants generally continue to confront long waiting periods to receive patent grants and excessive reporting requirements,” the report said.Stakeholders continue to express concerns over vagueness in the interpretation of the Indian Patents Act, it alleged.It added that India maintains high customs duties directed to IP-intensive products such as information and communications technology products, solar energy equipment, medical devices, pharmaceuticals, and capital goods.”While steps to improve IP Office operations and procedures are to be commended, India’s overall IP enforcement remains inadequate,” it said.It added that the US intends to continue to engage with India on IP matters, including through the trade policy forum’s intellectual property working group.
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