The Special 301 Report is prepared annually by the Office of the United States Trade Representative (USTR) that identifies trade barriers to United States companies and products due to the intellectual property laws, such as copyright, patents and trademarks, in other countries. By April 30 of each year, the USTR must identify countries which do not provide "adequate and effective" protection of intellectual property rights or "fair and equitable market access to United States persons that rely upon intellectual property rights".[1]
The Special 301 Report is published pursuant to Section 301 of the Trade Act of 1974 (Pub. L.Tooltip Public Law (United States) 93–618, 19 U.S.C. § 2242) as amended by Section 1303 of the Omnibus Trade and Competitiveness Act of 1988.[2] The Special 301 Report was first published in 1989.[3]
By statute, the annual Special 301 Report includes a list of "Priority Foreign Countries", that are judged to have inadequate intellectual property laws; these countries may be subject to sanctions. In addition, the report contains a "Priority Watch List" and a "Watch List", containing countries whose intellectual property regimes are deemed of concern.
^Shayerah, Ilias; Fergusson, Ian F. (2008). Intellectual Property Rights and International Trade. Nova Publishers. p. 43. ISBN 978-1-60456-562-1.
^"19 U.S.C. 2242 - Identification of countries that deny adequate protection, or market access, for intellectual property rights". gpo.gov.
^"1989 Special 301 Report" (PDF). USTR. May 25, 1989. Retrieved April 8, 2013.
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