2023 Special 301 Report
Executive Summary
The Special 301 Report
(Report) is the result of an annual review of the state of intellectual
property (IP) protection and enforcement in U.S. trading partners around the
world, which the Office of the United States Trade Representative (USTR)
conducts pursuant to Section 182 of the Trade Act of 1974, as amended (the
Trade Act, 19 U.S.C. § 2242). Congress amended the Trade Act in 1988
specifically “to provide for the development of an overall strategy to ensure
adequate and effective protection of intellectual property rights and fair and
equitable market access for United States persons that rely on protection of
intellectual property rights.” In particular, Congress expressed its concern
that “the absence of adequate and effective protection of United States
intellectual property rights, and the denial of equitable market access,
seriously impede the ability of the United States persons that rely on
protection of intellectual property rights to export and operate overseas,
thereby harming the economic interests of the United States.”
This Report provides an
opportunity to put a spotlight on foreign countries and the laws, policies, and
practices that fail to provide adequate and effective IP protection and
enforcement for U.S. inventors, creators, brands, manufacturers, and service providers,
which, in turn, harm American workers whose livelihoods are tied to America’s
innovation- and creativity-driven sectors. The Report identifies a wide range
of concerns, including: (a) challenges with border and criminal enforcement
against counterfeits, including in the online environment; (b) high levels of
online and broadcast piracy, including through illicit streaming devices; (c)
inadequacies in trade secret protection and enforcement in China, Russia, and
elsewhere; (d) troubling “indigenous innovation” and forced or pressured
technology transfer policies that may unfairly disadvantage U.S. right holders
in markets abroad; and (e) other ongoing, systemic issues regarding IP
protection and enforcement, as well as market access, in many trading partners
around the world. Combating such unfair trade policies can foster American
innovation and creativity and increase economic security for American workers
and families.
A priority of this
Administration is to craft trade policy in service of America’s workers,
including those in innovation- and creativity-driven export industries. The
Report serves a critical function by identifying opportunities and challenges
facing U.S. innovative and creative industries in foreign markets and by
promoting job creation, economic development, and many other benefits that
effective IP protection and enforcement support. The Report informs the public
and our trading partners and seeks to be a positive catalyst for change. USTR
looks forward to working closely with the governments of the trading partners
that are identified in this year’s Report to address both emerging and
continuing concerns and to build on the positive results that many of these
governments have achieved.