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USA special 301 Reports -Intellectual Property Law




Read this article to understand what USA’s unique 301 report is means? What are their essential elements?

The most important trade policy tool the United States uses to build and protect its trade-based economy is the annual Special 301 Report. The Special 301 Report is designed annually by the Office of the United States.

Ensuring that the United States has a stable and robust democracy, a vibrant and resilient economy, and a solid and effective foreign policy is vital. All states should work to ensure that they have these capabilities.

Who prepared this report?

The “Special 301” Report is an annual review of the global state of I.P. protection and enforcement. USTR conducts this review according to Section 182 of the Trade Act of 1974, as amended by the Omnibus Trade and Competitiveness Act of 1988. Section 182 mandates the Secretary of the Treasury to identify countries that have not provided adequate I.P. protection and enforcement levels and take action against these countries to encourage improvements in these areas.

Purpose of this Special 301 report:

It is an intellectual property law that checks on the country unlawfully using the copyright, trademark, and patent. This report aims to protect the interest of U.S. companies and provide them with a fair market to thrive.

Intellectual property report 2022:

This year the USA put China, Russia, and five other countries on its annual blocklist for lax enforcement of intellectual property rights (Under the special 301 report), leaving American companies vulnerable to copyright and trademark piracy. Among all the seven countries, China is at the top in counterfeit and pirated goods,” according to the report.

Surprisingly, the USA suspended its review of Ukraine and refrained from this list.

The Office of the U.S. Trade Representative’s “priority watch list” was Argentina, Chile, India, Indonesia, and Venezuela.

In addition to the seven nations on the priority list, another 20 made the trade office’s “watch list,” meaning that the U.S. considers those countries need to step up property rights enforcement.

  • It is vital to understand that although technological advances have greatly improved the ability for individuals connect and share, including at specific locations, they have also created some unique challenges.
  • The digital divide is an issue, and it is concerning to see that technology-equipped individuals in high-income countries have an advantage over those in lower-income countries. There are also concerns about privacy and the rights of individuals.

The U.S. special 301 reports on the U.S. economy, industry, and sectors show that the U.S. economy is on a trajectory of an ongoing acceleration for the sixth consecutive year, not a deceleration. The U.S. economy is expected to grow 2.7% by mid-2023. However, the report also indicates that the U.S. economy will continue to grow, if not accelerate, despite the ongoing threat of rising interest rates.

What are the key elements of special report 301 of 2022?

The details of this annual report of USTR’s findings of more than 100 trading companions after substantial research and improved engagement with stakeholders. here are the critical elements of the 2022 Special 301 Report include:

1. The Special 301 review of Ukraine suspends due to Russia’s premeditated and further unprovoked invasion of Ukraine in February 2022.

2. USTR will conduct an Out-of-Cycle Review of Bulgaria to consider whether Bulgaria makes material progress in handling deficiencies in its investigation and prosecution of online piracy cases, especially its loss to adopt evidence sampling related to criminal cases.

3. The United States closely monitors China’s progress in executing its commitments under the United States-China Economic and Trade Agreement (Phase One Agreement). While right holders have embraced these developments, they continue to raise their concerns about the adequateness of these measures and their practical execution and long-standing issues like bad faith trademarks, counterfeiting, and online piracy.

4. Several trading companions continued to offer I.P. protection and enforcement by legislating major legal reforms and binding international I.P. treaties.

Understand with a few examples:-

  • The United Arab Emirates acted in new Industrial Property, Trademark, Copyright, and Cyber Crime laws in 2021.
  • Chile’s amendment related to Industrial Property Law came into effect in January 2022.  
  • Japan’s Trademark Act amendments came into power in April 2022.

Uganda, Kiribati, and Vietnam assented to the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty and the WIPO Copyright Treaty, collectively known as the WIPO Internet Treaties.

4. The United States continues its intensive engagement in promoting and protecting access to foreign markets for U.S. exporters of products that identify by familiar names or marketed under earlier registered trademarks. 

5. The United States is also concerned about the transfer of much of the G.I. application assessment process to the E.U. Member States and the deduction of periods for opposing enrollment of a G.I., a part of the E.U.’s Common Agricultural Policy which was adopted in 2021 and entering into power in 2023.

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