The Intangible Divider: Navigating the Interplay of Intellectual Property Rights in India–US Relations

Abstract

The economic ties between India and the USA have been a cornerstone of their bilateral interaction, serving as a robust foundation for the friendly relations between these two democracies. In both of these democracies, safeguarding intellectual property rights (IPR) is crucial due to the emphasis placed on knowledge in fostering development. However, India has often been listed as a ‘Priority Foreign Country’ under the US Special 301 list, a tag given to IPR offenders. While both nations acknowledge the role of IPR in innovation and development, there exists vital edges of friction between the two democracies. The article tries to understand the concept and evolution of IPR and their role in Indo-US relations. It traces the role of IPR in the economic engagements of the two nation-states. While studying the edges of friction between IPR protection mechanisms in both countries, the article delves into critically studying the IPR issues along with case studies focusing upon biopiracy, in order to analyze whether the current regime of IPR actually works toward promoting development in India.