Special 301 Report

India has once again been included on the “priority watch” list in the U.S. Trade Representative’s (USTR) Special 301 Report concerning intellectual property rights.

Overview of the Special 301 Report

• The Special 301 Report is a yearly publication by the U.S. Trade Representative (USTR), as required by the Trade Act of 1974.
• The report identifies countries that, according to the U.S., do not offer adequate protection for intellectual property rights (IPRs) or equitable access to markets for U.S. IP holders.
• Published annually since 1989, the report categorizes nations as “priority foreign country,” “priority watch country,” or “watch list country.”
• Countries designated as “priority foreign countries” may face investigations and potential sanctions, while those on the “priority watch list” are flagged for having significant IPR issues that warrant U.S. attention.
• Countries with notable IPR problems but not requiring immediate U.S. intervention are placed on the “watch list.”
• Both developed and developing nations are included in the report.
• The selection of countries in the Special 301 Report is seen as subjective, lacking solid empirical evidence and objective analysis, often reflecting the concerns of U.S. industries regarding international IP protection and enforcement.