Special Report 301 of the US Administration highlights and the awareness campaigns developed by the OEPM

The USTR (Office of The United States Trade Representative) has published its Special Report 301 (report), on an annual basis, on the adequacy and effectiveness of the protection and application of industrial and intellectual property (IP) rights by trade partners of the United States.

Link to document: 2021 Special 301 Report.

The Report is the result of an annual review of the status of IP protection and enforcement in US trading partners around the world.

This Report highlights foreign countries and laws, policies, and practices that do not provide adequate and effective IP protection and enforcement for US inventors, creators, brands, manufacturers, and service providers. The Report identifies a wide range of concerns, including:

(a) Challenges with border and criminal enforcement against counterfeiting, including in the online environment;

(b) High levels of online and streaming piracy, including through illicit streaming devices;

(c) Deficiencies in the protection and enforcement of trade secrets in China, Russia and elsewhere;

(d) Worrying policies of “indigenous innovation” and forced technology transfer that can unfairly harm US rights holders in foreign markets; and

(e) Other ongoing systemic issues relating to IP protection and enforcement, as well as market access, in many trading partners around the world.

Fighting those unfair trade policies will encourage US domestic investment, promote American innovation and creativity, and increase the economic security of workers and families.

A priority of the US Administration is to develop a trade policy in the service of American workers, including those in innovation-driven export industries. The Report plays a critical role in identifying the opportunities and challenges facing America's creative and innovative industries in foreign markets and promoting job creation, economic development, and many other benefits that support effective protection and enforcement of regulations of IP rights. The Report informs the public and US business partners and seeks to be a positive catalyst for change. In addition, given the importance of innovation and IP in developing the advances necessary to combat the current COVID-19 crisis, the US Administration is committed to trade policies that seek to save lives in this pandemic and ensure preparedness for the next one.

In regards to Spain, we are still not a country included in the watch list. It should be noted that the report points out as a positive element with regard to our country, the fact that the Spanish Patent and Trademark Office has carried out campaigns against the infringement of industrial property rights.

The last campaign used the slogan “Purchase responsibly, create the future" which can be viewed at this link.