Category Special 301

USTR Requests Comments for the 2016 Special 301 Report

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…

Statement on 2015 USTR Special 301 Report

The 2015 Special 301 Report continues a trend, beginning last year, of scrubbing a lot of language that long graced previous reports threatening other countries about WTO TRIPS and other international treaty violations. (See Special 301, A Historical Primer). This could…

Global petition to stop US pressure on India !#SaveOurMedicines

[Lawyers Collective, India]  As you know, transnational pharmaceutical companies and the US Government are putting pressure on the Indian Government to change India’s IP laws especially the Indian Patents Act, which will make medicines unaffordable to millions of people in…

Special 301: Is It Effective?

[Gabriel Michael, ‘To Promote the Progress?’ Blog, Link (CC-BY-SA)]  My previous post discussed how Special 301′s enforcement mechanism has rarely been used, and is even less likely to be used in the future. But the frequency with which an enforcement mechanism is…

Six Observations On the 2014 Special 301Report

On April 30, the United States Trade Representative released the 2014 Special 301 Report, which fulfills its mandate under the Trade Act (19 U.S.C. § 2242) to identify countries that “deny adequate and effective protection of intellectual property rights, or…

USTR Avoids India’s WTO Threats to Special 301

In the weeks leading up to today’s publication of the Special 301 report, Indian officials were reportedly ready to file a challenge to the program in the World Trade Organization. That threat seems to have been avoided by the USTR…

Resist the Special 301 Watch List

The Office of the US Trade Representative’s 2014 Special 301 Report is expected out shortly.  The 301 Report places countries on a watch list for practices the US Government believes reflect “inadequate” intellectual property protection, even when these policies protect…

Ukraine Given a Pass on Special 301 Threats

The United States Trade Representative (USTR) recently announced that it would not seek sanctions against Ukraine following its designation as a Priority Foreign Country in the Special 301 process last year. The notice states that the USTR sticks by its…