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The Office of the U.S. Trade Representative (USTR) has requested comments for the Special 301 Report, which identifies countries that “deny adequate and effective protection of intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection.” It will also hold a public hearing for further input.  The report is produced via an interagency process led by USTR, during which the Special 301 Subcommittee of the Trade Policy Staff Committee reviews information from “many” sources, including submitted comments and public testimony, and recommends placement of countries in the report. 

USTR has been criticized for using the Special 301 Report to single out countries engaged in pro-public interest policies that use flexibility in intellectual property law. For instance, the 2015 Special 301 Report warned India that the USTR “continues to monitor India’s application of its compulsory licensing law,” which had been the subject of controversy after India issued a compulsory license on Nexaver and indicated it may issue compulsory licenses on green technologies. On the other hand, some observers have noted that under WTO rules, the U.S. is limited in what it can do to retaliate against countries.

The deadline for non-governmental comments or requests to testify at the hearing is February 5; the deadline for government representatives to file comments or request to testify at the hearing is February 19; the hearing is March 1; and the deadline for post-hearing submissions is March 4.

Click here for the full notice.