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

Recently, the Office of the United States Trade Representative (USTR) released its 2023 Special 301 Report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property (IP) rights.

The “Special 301” Report is an annual review of the global state of IP protection and enforcement. USTR conducts this review pursuant to Section 182 of the Trade Act of 1974, as amended by the Omnibus Trade and Competitiveness Act of 1988 and the Uruguay Round Agreements Act.

USTR reviewed more than 100 trading partners for this year’s Special 301 Report, and placed 29 of them on the Priority Watch List or Watch List.

In this year’s Report, trading partners on the Priority Watch List present the most significant concerns this year regarding insufficient IP protection or enforcement or actions that otherwise limited market access for persons relying on intellectual property protection. Seven countries are on the Priority Watch List: Argentina, Chile, China, India, Indonesia, Russia, and Venezuela.

These countries will be the subject of particularly intense bilateral engagement during the coming year.

Twenty-two trading partners are on the Watch List, and merit bilateral attention to address underlying IP problems: Algeria, Barbados, Belarus, Bolivia, Brazil, Bulgaria, Canada, Colombia, Dominican Republic, Ecuador, Egypt, Guatemala, Mexico, Pakistan, Paraguay, Peru, Thailand, Trinidad & Tobago, Turkey, Turkmenistan, Uzbekistan, and Vietnam.

In addition, Out-of-Cycle Reviews provide an opportunity to address and remedy such issues through heightened engagement and cooperation with trading partners and other stakeholders. USTR announced an Out-of-Cycle Review of Bulgaria.