In the 2014 Special 301 Report, the Office of the
United States Trade Representative (USTR) announced that, in order to assess
progress on engagement with the Government of India on intellectual property
rights (IPR) issues, an Out-of-Cycle Review (OCR) would be conducted for India.
Deadline for the public, except foreign
governments, to submit written comments is 31 October
while 7 November is the deadline for foreign governments to submit written
comments.
Section 182 of the Trade
Act requires USTR to identify countries that deny adequate and effective
protection of IPR or deny fair and equitable market access to U.S. persons who
rely on intellectual property protection. The provisions of Section 182 are
commonly referred to as the “Special 301” provisions of the Trade Act.
Those countries that
have the most onerous or egregious acts, policies, or practices and whose acts,
policies, or practices have the greatest adverse impact (actual or potential)
on relevant U.S. products are to be identified as Priority Foreign Countries.
In addition, USTR has created a “Priority Watch List” and a “Watch List” under
Special 301 provisions. Placement of a trading partner on the Priority Watch
List or Watch List indicates that particular problems exist in that country
with respect to IPR protection, enforcement, or market access for persons relying
on intellectual property.
In the 2014 Special 301
Report, USTR placed India on the Priority Watch List and noted that it would
conduct an OCR of India focusing in particular on assessing progress made on
IPR.