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        Intellectual Property System

        May 8, 2015

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        India continues to be placed on the Priority Watch List under the US Special 301 on account of USA’s assessment of Indian IPR protection being inadequate.

         The Special 301 Report issued by the United States under their Trade Act of 1974 is a unilateral measure to create pressure on countries to enhance IPR protection beyond the TRIPS agreement. Under the WTO regime, any dispute between two countries needs to be referred to the Dispute Settlement Body of the WTO and unilateral actions are not tenable under this regime. Special 301 which is an extra territorial application of the domestic law of a country is inconsistent with the established norms of the WTO.

         This information was given by the Minister of State (Independent Charge) in the Ministry of Commerce & Industry Smt. Nirmala Sitharaman in a written reply in Lok Sabha today

        Special 301 action pressures enhanced IPR protection, placing India on a priority watch list contrary to WTO dispute norms. India's placement on the Priority Watch List results from the unilateral use of Special 301 to press for IPR protection beyond the TRIPS Agreement. The measure is characterised as an extraterritorial application of domestic law that operates outside the WTO dispute settlement framework and is therefore inconsistent with established WTO norms.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Special 301 action pressures enhanced IPR protection, placing India on a priority watch list contrary to WTO dispute norms.

                                India's placement on the Priority Watch List results from the unilateral use of Special 301 to press for IPR protection beyond the TRIPS Agreement. The measure is characterised as an extraterritorial application of domestic law that operates outside the WTO dispute settlement framework and is therefore inconsistent with established WTO norms.





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                                ActsIncome Tax
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