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 2026

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

María Aurora García of Berken IP explains how intellectual property rights holders can use customs monitoring and online enforcement tools to identify parallel imports and support compliance with consumer protection rules
The Jakarta-based firm says personal networks and a distinctive strategy can help it guide foreign clients through what can be a tricky IP landscape
Munich litigation boutique formed by former Taylor Wessing partners continues expansion as it seeks to cement its position in the UPC market
Yvonne Tang and Siau Wen Lim, the second and third IP specialists to sit on the firm’s management committee, say IP is ‘uniquely positioned’ to support cross-practice work
As competing firms come under common ownership, clients may care less about formal conflicts and more about how openly firms discuss them
Facing increased lateral movement and in-house competition, firms are investing in flexible billing hours and tailored career progression to improve associate retention
As the US reflects on 250 years of independence, patent lawyers say innovation is reshaping old hiring priorities, with firms seeking broader IP expertise over specialisation
The Nokia v Acer ruling in the UK suggests arbitration is moving from the sidelines towards the mainstream of global FRAND disputes - and could reshape forum strategy in the process
The Life Sciences Awards is thrilled to present the shortlist for the 2026 Americas Awards
From Türkiye to Poland and Nigeria, firms with deep local roots continue to dominate the top tier, proving that market expertise can outweigh international scale in many CEE, Middle Eastern and African jurisdictions
Gift this article