It’s s301 time: here’s who’s up, and who’s down

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

It’s s301 time: here’s who’s up, and who’s down

The US government has published its annual list naming and shaming countries that it claims have failed to protect the IP rights of its citizens and companies

The US Trade Representative invites comments from IP users and owners as part of its research process: this year it says it received 42 comments from interested parties and 18 submissions from trading partners.

High on the list of concerns is what it calls “indigenous innovation” policies that may unfairly disadvantage US rights holders in China, and the continuing challenges of copyright piracy over the internet in countries such as Canada, Italy, and Russia.

On the 2012 Priority Watch List are Algeria, Argentina, Canada, Chile, China, India, Indonesia, Israel, Pakistan, Russia, Thailand, Ukraine and Venezuela.

But it highlights a number of countries for praise: copyright reforms in Malaysia that increase the role of ISPs in tackling online infringement and preventing the circumvention of technological protection measures are lauded, as is Israel’s decision to enact a law against the unfair commercial use and unauthorised disclosure of test data generated to obtain marketing approval of pharmaceutical products.

China is also praised for putting Vice-Premier Wang Qishan in charge of overseeing IP enforcement.

But the country is criticised for failing to implement a consistent policy for tackling counterfeiting, with different regions imposing their own regimes, and in some cases demonstrating local protectionism.

India is told that the US will “closely monitor” developments relating to the compulsory licensing of patents after the country’s Controller of Patents granted local company Natco a compulsory licence over Bayer’s cancer-treating drug sorafenib.

This year’s report emphasises how the US is working with countries that appear on its list. No longer does it just highlight their sub-optimal IP practices: now it helps them to reform.

“[We] conduct extensive discussions with individual trading partners regarding their respective IPR regimes; encourage those trading partners to engage fully, and with the greatest degree of transparency, with the range of stakeholders on IPR matters; and identify, where possible, ways in which the United States can be of assistance.”

more from across site and SHARED ros bottom lb

More from across our site

With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Gift this article