US places India, China, Russia on US property rights 'Priority Watch List'

The United States has again placed China and Russia on the list of countries that must be monitored for intellectual property related issues. In its "2022 Special 301 Report" on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property (IP) rights, it again placed India on the list of "Priority Watch List". According to a report released by the Office of the United States Trade Representative (USTR) - an institution that advises the President on trade issues, international trade negotiations, and others - it has placed at least 21 countries under the list. It also includes Argentina, Chile, Indonesia, Venezuela, Algeria, Barbados, Bolivia, Brazil, Canada, Colombia, Dominican Republic, Ecuador, Egypt, Guatemala, Mexico, Pakistan, Paraguay, Peru, Thailand, and Trinidad & Tobago, Turkey, Turkmenistan, Uzbekistan, and Vietnam. 

Katherine Tai, US Trade Representative, said that the Biden-Harris Administration will continue to engage with the trading partners to level the playing field for workers and businesses. "Intellectual property-intensive industries support more than 60 million jobs – from the independent inventor just starting out to the documentary filmmaker studying critical social issues. We need robust protection and enforcement in foreign countries to protect these individuals, and their livelihoods, and ensure they can fairly compete in the global marketplaces," said Tai in a statement released on Wednesday.

Report mentions China more than 100 times in the 88-page document

Meanwhile, the shadow of the Biden-Xi Jinping dispute can also be seen in the report as it mentioned China over 100 times in the 88-page document. The United States is closely monitoring China’s progress in implementing its commitments under the United States-China Economic and Trade Agreement (Phase One Agreement), said the report.
"China must provide a level playing field for IP protection and enforcement, refrain from requiring or pressuring technology transfer to Chinese companies at all levels of government, open China's market to foreign investment, and embrace open and market-oriented policies," it stressed. 

USTR also puts Russia on top list amid war

The report is significant as it is published amid the Russia-Ukraine war. Like China, the report also placed Russia on the list of top countries that will be monitored for intellectual property-related issues. Moreover, the report failed to scrutinise Ukraine due to Russia’s invasion of Ukraine in February this year. "The review of Ukraine has been suspended due to Russia's premeditated and unprovoked further invasion of Ukraine in February 2022," according to a press release issued by the USTR. 

The report also highlights progress made by US trading partners to resolve and address IP issues of concern to the United States. It removed several countries like Kuwait, Saudi Arabia, Romania and Lebanon from the list, citing continued and significant progress on concerns that stakeholders identified with IP enforcement and transparency. Citing examples, it said the Kuwait Ministry of Commerce and Industry and the Copyright Office each created online portals for streamlining the submission of trademark and copyright violation reports, respectively. Regarding, Saudi Arabia, the report said the country increased enforcement against counterfeit and pirated goods and online pirated content. "Lebanon is removed from the Watch List this year. Stakeholders have not raised significant concerns about IP protection or enforcement during the Special 301 review," it said.

What is the Special 301 Report?

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 one hundred (100) trading partners for this year’s Special 301 Report, and placed twenty-seven (27) of them on the Priority Watch List or Watch List. 

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