U.S. Trade Representative’s 2024 Special 301 report

U.S.’ ‘Priority Watch List’

Disclaimer: Copyright infringement not intended.

Context:

S. Trade Representative’s 2024 Special 301 report was released recently.

Highlights of the report:

The U.S. has once again included India in the ‘priority watch list’ of countries, along with China, Russia, Venezuela, and three others, for alleged problems related to IP protection and enforcement.
As per the report, Progress has been noted in the U.S.-India Trade Policy Forum regarding issues such as trademark infringement investigations and pre-grant opposition proceedings.
However, significant concerns persist, including high rates of online piracy, a substantial backlog in trademark opposition cases, and inadequate legal mechanisms for safeguarding trade secrets.
The report also emphasizes the need for India to fully implement the WIPO Internet Treaties and ensure that copyright statutory licenses do not extend to interactive transmissions.
India has consistently been placed on the 'priority watch' list due to ongoing issues related to IP protection, enforcement, or market access for American IP-dependent industries.
Besides India, Indonesia, Chile, and Argentina also feature in the ‘priority watch list’ of seven countries.
USTR removed the Dominican Republic and Uzbekistan from the Watch List this year for significant progress in addressing concerns with IP enforcement and transparency.
The report identifies 20 trading partners on the 'watch list,' comprising countries that the U.S. believes require bilateral attention to address underlying IP issues, although they fare better than those on the 'priority watch list.' These countries are Algeria, Barbados, Belarus, Bolivia, Brazil, Bulgaria, Canada, Colombia, Ecuador, Egypt, Guatemala, Mexico, Pakistan, Paraguay, Peru, Thailand, Trinidad and Tobago, Türkiye, Turkmenistan, and Vietnam.
The Special 301 review of Ukraine continues to be suspended due to Russia’s full-scale invasion of Ukraine in February 2022.

Special 301 Report

United States Trade Representative(USTR) releases the Special 301 Report annually.
The Report identifies trading partners that lack effective protection and enforcement of Intellectual Property (IP) rights or prevent market access for U.S. innovators and creators reliant on IP protection.
It assesses the state of intellectual property (IP) protection and enforcement regimes in various trading partner countries.
While the U.S. does not immediately take action against countries on the 'priority watch list,' it may resort to 'retaliatory' measures if a country's IP situation deteriorates further, leading to its categorization as a 'priority country.'

India’s stand:

India maintains that its intellectual property laws comply with the WTO’s Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and asserts that it is not obligated to adhere to global rules necessitating changes in its laws.

Different Intellectual Property Rights (IPR) related agreements, including their years of establishment
TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights)	●Established: 1994. ●Enforced by the World Trade Organization (WTO). ●Sets down minimum standards for many forms of intellectual property (IP) regulation. ●Covers copyrights, trademarks, geographical indications, industrial designs, patents, integrated circuit layout designs, and undisclosed information (trade secrets).
WIPO Treaties (World Intellectual Property Organization Treaties)	●Established: WIPO Copyright Treaty (WCT) in 1996, WIPO Performances and Phonograms Treaty (WPPT) in 1996. ●Administered by the World Intellectual Property Organization (WIPO). ●Aimed at harmonizing the protection of copyright and related rights internationally. ●Addresses the challenges posed by digital technologies to the protection of copyrighted works.
Paris Convention for the Protection of Industrial Property	●Established: 1883. ●Administered by the World Intellectual Property Organization (WIPO). ●Provides national treatment for patent applications. ●Ensures right of priority for patent filings and trademarks.
Berne Convention for the Protection of Literary and Artistic Works	●Established: 1886. ●Administered by the World Intellectual Property Organization (WIPO). ●Provides creators with the means to control how their works are used, by whom, and on what terms.
Patent Cooperation Treaty (PCT)	●Established: 1970. ●Administered by the World Intellectual Property Organization (WIPO). ●Streamlines the process for filing patent applications in multiple countries. ●Allows applicants to seek patent protection for an invention simultaneously in each of a large number of countries by filing a single international patent application.
Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled	●Established: 2013. ●Administered by the World Intellectual Property Organization (WIPO). ●Aims to increase access to published works for people with print disabilities by establishing a set of limitations and exceptions to copyright rules.

Read all the details about India-US trade relations in:

https://www.iasgyan.in/daily-current-affairs/india-us-relations-6

Intellectual property rights and details:

https://www.iasgyan.in/ias-gazette-magazine/perspective-intellectual-property-rights

Source

The Hindu

PRACTICE QUESTION

Q) Which of the following statements regarding the United States Trade Representative’s 2024 Special 301 report are correct?

India has been removed from the 'priority watch list'
The report highlights progress in the U.S.-India Trade Policy Forum regarding trademark infringement investigations and pre-grant opposition proceedings.
The Korean Republic and Uzbekistan have been removed from the Watch List due to significant progress in addressing IP enforcement concerns.
The Special 301 review of Ukraine is ongoing despite Russia’s invasion in February 2022.

Select the incorrect answer using the codes below:

a) 1 and 2 only

b) 1, 2, and 3 only

c) 1, 2, 3, and 4

d) 1, 3, and 4 only

Correct Answer: d)

Explanation:

Statement 1 is incorrect:

●In the report, India has indeed been included in the 'priority watch list' along with China, Russia, Venezuela, and three other countries.

Statement 2 is correct:

●The report acknowledges progress in the U.S.-India Trade Policy Forum concerning issues such as trademark infringement investigations and pre-grant opposition proceedings.

Statement 3 is incorrect:

●The information states that the Dominican Republic and Uzbekistan have been removed from the Watch List due to significant progress in addressing IP enforcement concerns.

Statement 4 is incorrect:

●The special 301 review of Ukraine continues to be suspended due to Russia’s full-scale invasion of Ukraine in February 2022, implying that the review is ongoing.