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

Cookies Settings

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

Brandsmiths and Powell Gilbert will contest claims over several UK trademarks in a High Court case examining the ownership and revival of a heritage brand
Hogan Lovells Cadwalader is taking a fresh strategic approach to pricing in its AI strategy. It could amplify calls for law firms to ditch the billable hour
Charles Harding plans to build a new team around life sciences oppositions and contentious work, drawing on his three decades developing a practice from scratch at D Young & Co
The firm reveals how its litigation strategies informed the arguments that took Masimo’s judgment past $818 million
The firm was rebuilding its IP practice through a string of patent hires and a Texas expansion, but its dissolution has put the newly built talent back into the market
AI can exploit longstanding gaps in copyright protection at remarkable speed, but EU law still provides tools to fight back, says Simon Hembt at Bird & Bird
The firm has tapped a local patent trio to establish a foothold in the market and broaden its national presence
New Asia-Pacific IP head Jonathan Chu is eyeing opportunities arising from Chinese technology licensing, overseas enforcement and increasingly IP-heavy cross-border deals
Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Gift this article