What They’re Saying

“Beyond any particular action India has taken, the government has enunciated a broader policy objective to develop and support Indian domestic industries by forcing foreign firms to use local facilities and suppliers and to transfer their intellectual property to Indian entities.”

-Letter from Senate Finance Committee Chairman Max Baucus (D-MT), Ranking Member Orrin Hatch (R-UT), House Ways and Means Committee Chairman Dave Camp (R-MI) and Ranking Member Sander Levin (D-MI) to U.S. International Trade Commission Chairman Irving Williamson requesting a section 332 investigation of Indian industrial policies that discriminate against U.S. imports and investment, August 2, 2013


“… the United States is challenging [India’s] domestic content requirements for solar power equipment … These domestic content requirements discriminate against U.S. exports by requiring solar power developers to use Indian-manufactured equipment instead of U.S. equipment.”

– “Remarks by United States Trade Representative Michael Froman Announcing Enforcement Action with Regard to India,” February 10, 2014


“… India can neither be proud of nor comfortable with its status as a global outlier on IP enforcement. Its record in enforcing patents and copyrights is far from satisfactory. This is reflected in large-scale unlicensed use of software in counterfeit goods, as also in music and printed material piracy.”

-(India) Business Standard editorial, “Turning down knowledge: Troublingly, India is an outlier on intellectual property,” February 5, 2014


“[T]he rapid increase in cases where patents are revoked, denied or otherwise infringed upon sets a dangerous precedent that could effectively bar new pharmaceuticals from being approved in India, as innovators become increasingly wary that their intellectual property could simply be expropriated without proper compensation.”

-Pravin Anand and Archana Shanker, Senior and Managing Partner at Anand and Anand, Intellectual Property law firm in New Delhi, “Patients and Patents: Evolving Indian patent trends and their implications for patients around the world,” October 22, 2013


“Unfortunately, there are areas where it appears India is pursuing policies that may be inconsistent with its international trade obligation. These practices are damaging both American and Indian competitiveness in the world economy.”

-U.S. Congressman Henry Waxman (D-CA) as spoken at Commerce, Manufacturing and Trade Subcommittee Hearing, “A Tangle of Trade Barriers: How India’s Industrial Policy is Hurting U.S. Companies,” June 27, 2013


“Guided by national manufacturing policy, India has begun engaging in a growing pattern of unfair and discriminatory trade practices which are directly harming U.S. companies in a wide variety of sectors especially pharmaceuticals, energy technologies and information and communication technologies.”

-U.S. Congressman Lee Terry (R-NE) as spoken at Commerce, Manufacturing and Trade

Subcommittee Hearing, “A Tangle of Trade Barriers: How India’s Industrial Policy is Hurting U.S. Companies,” June 27, 2013


“India … is putting in place barriers to shield Indian manufacturing industries and agricultural production from foreign competition. These barriers take various forms, but all hurt U.S. workers and businesses and cost U.S. jobs.”

-House Ways and Means Committee Chairman Dave Camp (R-MI), Ranking Member Sander Levin (D-MI), Trade Subcommittee Chairman Devin Nunes (R-CA), Trade Subcommittee Ranking Member Charles Rangel (D-NY) and 35 members of the House Ways and Means Committee letter to President Obama, June 20, 2013


“We urge you to press for swift action and make clear to your Indian counterparts that the United States will consider all trade tools at its disposal if India does not end its discriminatory practices. … A level playing field for American businesses, farmers and workers in India and other overseas markets is an essential U.S diplomatic objective.”

-Letter by 40 Senators, led by Senator Rob Portman (R-OH) and Bob Menendez (D-NJ) to Secretary John Kerry, June 20, 2013


“We are deeply concerned about the growing trade imbalance between the United States and India, which we believe is due in no small part to the policies by the Government of India to favor domestic producers over U.S. exporters. The India Government should consider constructive ways to address the deteriorating trade and investment climate in India.”

-Letter by more than 170 House members, led by Reps. Erik Paulsen (R-MN) and John Larson (D-CT) to President Obama, June 18, 2013


“India is … lapsing once again into protectionism. We regret that the Indian government is … creating an economic environment that is hostile to the very inputs and investment that would actually strengthen its infrastructure and security and advance the development of its local high-tech, innovative manufacturing and services base.”

-Senate Finance Committee Chairman Max Baucus (D-MT) and Ranking Member Orrin Hatch (R-UT) letter to Secretary Kerry, June 14, 2013


“With approximately 55 million U.S. jobs supported by IP-intensive industries, or 46 percent of private sector employment, any disincentive to innovate is unacceptable. India’s recent policy decisions not only stifle trade and foreign investment that would benefit their own economy, but also cut off U.S. companies from an incredibly large, important market.”

-Rep. Ron Kink (D-PA), “The Hill: Actions belie India’s talk on respect for intellectual property,” December 13, 2013


“American corporate interest in India has waned… Manufacturers are facing threats of new laws requiring production to be localized, even when such fabrication is unprofitable or inefficient.”

-Former U.S. Ambassador to India Frank G. Wisner, January 29, 2014


“Businesses in our respective states have shared strong concerns that India’s recent policy changes on intellectual property issues will severely impact U.S. businesses’ competitiveness and, in turn, inhibit economic growth and job growth in the U.S.”

-Letter by 14 Governors, Led by Gov. John Hickenlooper (D-CO) and Gov. John Kasich (R-OH), September 24, 2013


“India has been moving sharply against protecting intellectual property rights, with serious repercussions for companies that want to invest in India and by implication for global innovation and economic growth.”

-Phil Kerpen, President of American Commitment, “Townhall: India’s Intellectual Property Failures Demand Obama’s Attention,” August 17, 2013


“An Indian medical student with a brilliant idea for a life-saving medical device should know that his intellectual property will be protected and rewarded because that gives him the financial incentive and the intellectual motivation to continue to move forward.”

-Vice President Joe Biden, Remarks at the Bombay Stock Exchange, July 24, 2013


“While India infringes on intellectual property and opens its markets only selectively, its neighbors are moving forward with robust trade commitments in the Trans-Pacific Partnership being negotiated by the United States and many other Asia-Pacific nations. Unless India reforms, it risks falling further behind.”

-E. Ashley Wills, Former U.S. deputy chief of mission in New Delhi, “The Wall Street Journal: Repairing U.S.-Indian Trade Relations,” July 24, 2013


“[I]f other nations, such as India, wish to boost innovation and investment, then solid IP protections are essential … Unfortunately, sometimes very short-term political calculations steer policymakers in directions that do serious damage to economic, income and employment growth. If property rights are undermined, then so is economic development.”

-Robert Raymond J. Keating, Chief Economist, Small Business & Entrepreneurship Council, June 27, 2013


“The IP of these Indian Companies is fully protected under U.S. law. American companies should be allowed to play by the same set of rules as their Indian competitors. The uneven playing field facing American pharmaceutical companies reduces their ability to make the kinds of investments that create jobs and eventually lead to lifesaving drugs.”

-Senator Robert Casey (D-PA) letter to Secretary John Kerry, June 7, 2013


“In China and India … state policies have forced foreign businesses to transfer technology or reveal source code as a condition of entering the market. India is starting to use ‘compulsory licenses’ to force biopharma companies to license their patents to local competitors.”

-Former U.S. Trade Representative Charlene Barshefsky, “The Wall Street Journal:  The New Protectionist Threats,” May 8, 2013


“To be clear, a strong, growing, and collaborative trade relationship between the United States and India is in both parties’ best interests. But India’s recent trade policies are placing that relationship in jeopardy. The United States should not sit idly by as the Indian government enacts regulations that harm American industry and jobs.” 

-Information Technology & Innovation Foundation, Hearing on U.S.-India Trade Relations: Opportunities and Challenges, March 27, 2013