1. On 29
May 2026, the Jamieson
Greer initiated a Section
301 investigation into Vietnam’s intellectual property (IP)
protection and enforcement regime.
2. The investigation follows Vietnam’s
designation as a Priority
Foreign Country in the 2026
Special 301 Report, released on 30 April 2026.
3. The U.S. will examine whether Vietnam’s
continued failure to address long-standing IP concerns is unreasonable or discriminatory
and whether it burdens or restricts U.S. commerce.
4. According to Ambassador Greer, despite
some recent improvements by Vietnam, IP infringement remains widespread and
continues to harm the competitiveness of U.S. innovators, creators, and rights
holders.
5. The investigation will assess Vietnam’s:
o IP protection framework.
o Enforcement mechanisms.
o Government policies and practices related
to intellectual property.
o Impact of these measures on U.S.
businesses and trade interests.
6. The U.S. seeks sustained and effective
reforms that deter future violations of intellectual property rights.
7. Once the investigation is completed,
Ambassador Greer, in consultation with President Donald Trump, will
determine whether responsive trade actions are necessary.
8. Section 301 of the Trade Act of 1974 is a
key U.S. trade enforcement tool used to address unfair foreign government
practices affecting U.S. commerce.
9. Under Section 301, the U.S. may respond to
foreign measures deemed:
o Unjustifiable,
o Unreasonable, or
o Discriminatory.
10. Such measures must also be found to burden
or restrict U.S. trade for action to be taken.
11. Under Section 182(b) of the Trade Act,
countries with the most serious IP-related deficiencies can be designated as Priority Foreign Countries.
12. This designation applies when a country’s
policies have a significant adverse impact on U.S. products and industries that
depend on intellectual property protection.
13. The law requires the U.S. Trade
Representative to decide within 30 days of such designation whether to initiate
a formal investigation.
14. Vietnam was identified as a Priority
Foreign Country due to persistent concerns regarding:
·
Copyright
piracy,
·
Trademark
infringement,
·
Counterfeiting,
·
Weak
enforcement of IP rights,
·
Inadequate
legal and administrative remedies.
15. The launch of the Section 301
investigation signals increased U.S. pressure on Vietnam to strengthen its
intellectual property regime and improve enforcement against infringement.
16. Depending on the investigation’s findings,
the United States could pursue trade remedies or other actions to address the
identified concerns and protect U.S. intellectual property interests.
[ABS News Service/30.05.2026]
On
29 May, 2026, following identifying Vietnam as a Priority Foreign Country in the
2026 Special 301 Report, which was published on April 30, U.S. Trade Representative
Jamieson Greer initiated an investigation of Vietnam under Section 301 of the Trade
Act of 1974. The investigation will seek to determine whether Vietnam’s persistent
failure to resolve long-standing concerns about intellectual property (IP) protection
and enforcement is unreasonable or discriminatory and burdens or restricts U.S.
commerce.
“While
Vietnam has recently taken some steps toward addressing IP concerns that the United
States has chronicled over many years in USTR’s Annual Special 301 Report, IP infringement
in Vietnam continues to impair the competitive position of U.S. innovators and creators,”
said Ambassador Greer. “We need to see Vietnam resolve these long-standing concerns,
including on a range of IP enforcement issues, in a manner that is sustained and
that deters future IP infringements.”
The
current investigation will examine Vietnam’s acts, policies, and practices related
to IP protection and enforcement and assess their impact on U.S. commerce. Once
the investigation is complete, Ambassador Greer will determine, in consultation
with President Trump, what, if any, responsive action should be taken to address
them.
Background
Section
301 of the Trade Act of 1974, as amended, (Trade Act) is designed to address unfair
foreign practices affecting U.S. commerce. Section 301 may be used to respond to
unjustifiable, unreasonable, or discriminatory foreign government practices that
burden or restrict U.S. commerce. Under section 182(b) of the Trade Act, countries
that have the most onerous or egregious acts, policies, or practices that have the
greatest adverse impact on the relevant U.S. products may be identified as “priority
foreign countries,” unless they are entering into good-faith negotiations or are
making significant progress in bilateral or multilateral negotiations to provide
adequate and effective protection for IP rights and fair and equitable market access
for persons that rely on IP protection. Section 302 requires the Trade Representative
to decide within 30 days following the identification of a priority foreign country
whether to initiate an investigation regarding the acts, policies, and practices
that were the basis for that identification.
In
the April 30, 2026, Special 301 Report, Ambassador Greer identified Vietnam as a
priority foreign country due to its persistent failure to resolve long-standing
concerns about IP protection and enforcement. Pursuant to section 302, Ambassador
Greer has determined to initiate an investigation of the acts, policies, and practices
of Vietnam that were the basis for that identification.