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United States Trade Representative USTR 301 Report

10 Sep 2023 Zinkpot 144
United States Trade Representative USTR 301 Report
  1. The United States Trade Representative USTR 301 Report is a report that is released annually by the United States, which identifies trading partners that do not adequately or effectively protect and enforce intellectual property rights.
  2. It also scrutinizes those trading partners who deny market access to US innovators and creators who rely on the protection of their IP rights.
  3. This report provides the outcome of an annual review of the global state of IPR protection and enforcement.
  4. The report identifies and addresses a wide range of concerns that limit innovation and investment:
    1. The deterioration in the effectiveness of the IPR protection and enforcement.
    2. Inadequacies in trade secret protection in countries around the world.
    3. Increasing incidence of trade secret misappropriation. 
    4. The continuing challenges of copyright piracy and the sale of counterfeit trademark products on the Internet.
    5. Market access barriers including non-transparent, discriminatory, or otherwise, trade-restrictive measures.
    6. Ongoing systemic IPR enforcement issues at borders and in many trading partner markets around the world.
    7. Trading partners that currently present the most significant concerns regarding IP rights are brought under scrutiny by being placed on the priority watch list or watch list.
  5. Recently, on April 26th the United States released the Special 301 Report of USTR 2023 which identifies 33 countries for these lists in the Special 301 Report. 
  6. Algeria, Argentina, Chile, China, India, Indonesia, Russia, Saudi Arabia, Ukraine, and Venezuela are on the Priority Watch List.
  7. Barbados, Bolivia, Brazil, Canada, Colombia, Dominican Republic, Ecuador, Egypt, Guatemala, Kuwait, Lebanon, Mexico, Pakistan, Paraguay, Peru, Romania, Thailand, Trinidad and Tobago, Turkey, Turkmenistan, the United Arab Emirates, Uzbekistan, and Vietnam are on the Watch List.
  8. India continues to be on the Priority Watch List of the USTR for lack of adequate intellectual property rights protection and enforcement, according to the Special 301 Reports.
  9. India remains one of the world’s most challenging major economies with respect to the protection and enforcement of IP. It is majorly because of the India Patents Act.
  10. The potential threat of patent revocations, lack of presumption of patent validity, and the narrow patentability criteria burden companies across different sectors. Moreover, patent applicants continue to confront costly and time-consuming pre and post-grant oppositions, long waiting periods to receive payment approval, and excessive reporting requirements.
  11. Stakeholders continue to express concerns over vagueness in the interpretation of the India Patents Act.
  12. While India’s enforcement of IP in the online sphere has gradually improved, a lack of concrete benefits for innovators and creators persists, which continues to undermine their efforts.
     

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