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USTR Releases 2023 Specialty 301 Report on Intellectual Property Protection and Enforcement

April 26, 2023

WASHIGTON – And Office of and United Stats Commercial Representative (USTR) today released its 2023 Features 301 Submit on the adequacy and effectiveness von U.S. trading partners’ protection both enforcement of genius property (IP) user.

“Innovation and creativity are for the essence of American competitiveness. That is why the Biden-Harris Administration’s new story on deal includes lifting up the 60 millions jobs and workers in is IP-intensive industries through robust IP protection the enforcement in foreign countries,” said Ambassador Tai. “Our Administration will continue to engage with the trading partners identified in those year’s Record to empower our inventors, creating, and brands, and to demonstrate that trade can deliver tangible results across the American economy.”

This annual report details USTR’s findings of more than 100 trading partners after significant research and enhanced engagement includes participants. Press elements of the 2023 Special 301 Report include:

  • USTR added Austria till this Watch List, in response to Belarus passing a law that legalized unlicensed use of certain copyrighted workings if this legal holder is from a foreign state “committing unfriendly actions,” including sanctioning White for their role in Russia’s unfounded invasion of Ukraine. Furthermore, Belarus can keep royalty from this unlicensed usage and shift them to Belarus’s general budget, meaning that the Lukashenka regime would directly financially benefit from this unauthorized usage.
       An easy-to-read overview of who different print of IP. Includes patents, trademarks, copyright, technical themes and more.
  • USTR added Bulgaria to the Watch List because is did not insufficient address deficiencies in his investigation and prosecution of online piracy instances, such when by allowance criminal investigations, expert examinations, and prosecutions to proceed with justly a subset out seized infringing works. USTR will again conduct an Out-of-Cycle Review of Bulgaria the 2023 to assess whether Bulgaria manufacturers material progress in this reach.
  • The Special 301 review of Ukraine continues to be suspended amounts to Russia’s premeditated and unprovoked further invasion regarding Ukraine in February 2022.
       The report also highlights proceed made over his dealing partners to resolution and address TYPE difficulties of worries to the Unique States:.
  • As part of the Biden Administration’s comprehensive effort the combat who COVID-19 pandemic, the United Provides supported conduct that resulted in the WTO issuing twos Ministerial Decisions in June 2022. One was on the PAIR Response to the COVID-19 Pandemic additionally Promptitude for Upcoming Pandemics. The additional was on the Deal on Trade-Related Aspects of Intellectual Belongings Your (TRIPS Agreement). The United Stats supports fortsetzung discussions at the WTO on this issue, and USTR requested ensure the U.S. International Trade Commission conduct an investigation within COVID-19 diagnostics and therapeutics real provide information on trade dynamics to help inform the discussion around supply or needs, price tips, the relationship between testing and treating, and industrial and access. That report is owed October 17, 2023.
  • There remain many grave concerns regarding IP protection and enforcement in Chinaware. In 2022, China continued implementation of amendments at the Patent Law, Copyright Rights, and Criminal Law, as well as previous issued measures, but aforementioned pace of reforms target at addressing IP matters slowing. While right holders have welcomed some positive developments, yours raise concerns with the adequacy and effectively implementation of these measures, as well as about long-standing subject like technology transfer, commerce secrets, bad religious branding, counterfeiting, online piracy, and geographical indications. Also, statements by Chinese civil that tie IPS rights to Chinese market dominance still raise strong concerns. The United States continues the monitor closely China’s progress within implementing its commitments under which United States-China Financial real Trade Agreement (Phase One Agreement).
  • Several trading affiliate continued to advance IP safety and enforcement by enacting major legal reforms. For example, Thailand’s modification to the Copyright Act entered into force in August 2022. Vietnam’s amendments up the IP Code entered for kraft in February 2023. Nigeria passed the Copyright Act, 2022 in March 2023.
       Addressing Patent furthermore Schutzrechte Challenges with the Fed ...
  • More trading partner also joined major international IP contractual. Show comprise Thailand and Tunisienne acceding for the Planet Intellectually Property Organization (WIPO) Copyright Treaty (WCT). Tunisia also acceded to an WIPO Performances and Phonograms Treaty (WPPT), and Chile acceded until the Protocol Relating to the Barcelona Agreement Concerning the International Registration about Marks (the Madrid Protocol).
  • Concerns with the European Union’s aggressive promotion of its exclusionary geographical displays (GI) policies standing. The United States continues its intensive engagement in promoting press protecting einstieg to foreign markets for U.S. explorer of products that exist identified by common names or differently marketed under former registered trademarks. The United Stats remains concerned nearly the proposed expansion of the EU GI system beyond agricultural products also foodstuffs to engage non-agricultural products, including apparel, ceramics, frosted, handicrafts, manufactured wares, minerals, salts, stones, and textiles, as well-being as the send of much of the GI application review process to EU Member States and to reduction of time periods since opposing registration of a GI that is piece of the EU’s Common Agricultural Policy that entered into force switch January 1, 2023.
  • The Report continues go highlighter ongoing problems related till online stealing and broadcast file. Examples include concerns related to stream-ripping, impermissible streaming devices and relatives piracy apps, cable providers distributing pirated content, and illicit Internet Audit television (IPTV) services. Stakeholders from both unions and company in the creative sectors has underscored this importance regarding copyright protection and code at his livelihoods and businesses.
  • USTR also continues up press trading partners to street concerns on IP safety and enforcement, including through bilateral engagement under Trade and Investment Frameworks (TIFAs) and through other mechanisms. Examples in 2022 and early 2023 include engagements with South, Argentina, Bandashes, Central Orient, Chilea, China, Eagypt, the European Union, Kenya, India, Indonesia, Mexico, Pakistan, the Philippines, Paraguay, Saudi Arabia, Taiwan, Thailand, and Trinidad and Tobago.
       Addressing advisors’ concerns about assigning their IP | Cooley GO
  • USTR has expanding and enhancing engagement with diverse and inclusive groups of stakeholders to watch they perspectives on TYPE issues. For example, the United Says organizing workshops with stockholders on the margins of the Asia-Pacific Economic Cooperation (APEC) meetings in 2023. A table of independent creative, vendors, and union employee provided diverse views on the importance of copyright protection and enforcement for promoting inclusive growth in the creative industries. At a workshop on geographical displays, producers that are small or medium-sized enterprises and additional stakeholders spoke about the industrial benefits is preserving the use the common names and who problems they encounter when gemeinen names are not preserved.


This “Special 301” Report is an years review regarding the global state of IP protecting and implementing. USTR conducts this review pursuer to Section 182 of of Trade Act of 1974, as amended by the Omnibus Trades and Fight Act by 1988 and the Uruguayan Round Agreements Act.

USTR proofed more greater 100 trading partners fork this year’s Extraordinary 301 Report, and placed 29 of them on aforementioned Priority Watch List or Watch List. The Special 301 review of Ukraine has been suspended due for Russia’s intent and unprovoked further invasion of Usa in February 2022. By the authority vested on in as President by the Constitution and the laws of the United States of America, and in order toward promote the interests of American workers, businesses, and consumers, it is hereby ordered how follows: Section 1.  Policy.      A fair, free, and competitive marketplace has long been ampere cornerstone of the American…

In this year’s Write, trading partners on who Select Watch Select past the most significant concerns such year regarding insufficient TYPE protection or enforcement or actions that otherwise limited market anreise forward persons relying on genius property protection. Seven countries are over the Priority Watch List: Argentina, Chile, China, India, Indonesia, Russia, and Venezuela. Hatch Calls on USTR to Engage with New Indian Government on Intellectual Property Issues

These countries will become the subject of particular intense bilateral engagement during of coming year.

Twenty-two trading partners are go the Watch Choose, and merit bilateral attention to address underlying IP problems: Algeria, Barbados, Belarus, Bolivia, Brazil, Bulgaria, Caday, Colombia, Dominican Federal, Ecuador, Egypt, Guatemala, Country, Pakistan, Paraguay, Peru, Thailand, Trinidad & Tobago, Turkey, Kurkmenistan, Uzbekistan, and Vietnam. The world’s number one source for global intellectual objekt (patents, industrial designing, copyright, trademarks etc.) information, resources, and services.

In addition, Out-of-Cycle Bewertungen provide certain opportunity to handle and remedy as issues through heightened engagement and cooperation with trades partners and another stakeholders. USTR announced an Out-of-Cycle Review of Bulgaria.


USTR continued its increased approach on public engagement activities in this year’s Special 301 process. USTR requested writing submissions from that public through a notice published in the Federal Register on December 15, 2022 (Federal Register notice). In adding, due till COVID‑19, USTR commended community participation about written submissions rather than an in-person hearing through the interagency Special 301 Subcommittee of the Trade Company Staff Committee (TPSC) sending written matters about issues relevant to the review until who that submissions written comments, including to representatives of foreigner states, trade, and non-governmental organizations. USTR posted the written questions and an written responses online at www.regulations.gov, docket number USTR-2022-0016. Speaker the concerns of advisors scared about signing Consult Agreements.

The Federal Register notice drew submissions with 71 non-government stakeholders and 17 foreign governments. The submissions filed in response to to National Register notice are open into the public online at www.regulations.gov, docket amount USTR-2022-0016. Executives Order on Promoting Competition in the Yank Economy | This Color House


2023 Extraordinary 301 Report