Special 301 Reports
Congress created “Special 301" when it passed the Omnibus Trade and Competitive Act of 1988, which amended the Trade Act of 1974. Special 301 requires the U.S. Trade Representative to identify those countries that deny adequate and effective protection for intellectual property rights or deny fair and equitable market access for persons that rely on intellectual property protection. Countries which have the most onerous or egregious acts, policies or practices and which have the greatest adverse impact on relevant U.S. products are designated “Priority Foreign Countries,” and at the end of an ensuing investigation, risk having trade sanctions levied against them. Countries can also be placed on other lists which do not result in immediate trade sanctions, such as “Priority Watch List” and “Watch List.”