U.S. Special 301 Process On IPR Is A Unilateral Measure: India

Issues that have been flagged in the report include, concerns over the provision of section 3(d) of the Patent Act, compulsory license (CL), inclusion of a statement relating to CL for green technologies in India's National Manufacturing Policy and challenges relating to enforcement of IP Rights.

Section 3(d) of the Indian Patent Act 1970 does not allow patent to be granted to inventions involving new forms of a known substance unless it differs significantly in properties with regard to efficacy.

"Thus, the Indian Patent Act does not allow ever-greening of patents. This is a cause of concern to the U.S. pharma companies," she said.

India has always maintained its IPR regime is fully compliant with all international laws and that it would drag the U.S. to the WTO's dispute settlement mechanism if it takes any adverse unilateral step against the country in IPR-related matters.

The Obama administration had been strongly criticizing India's investment climate and IPR laws, especially in the pharmaceutical and solar sectors.

Also Read:
U.S. Keen To Enhance Military Relationship With India