FACT SHEET
"SPECIAL 301" ON INTELLECTUAL PROPERTY
Ambassador Carla A. Hills, the United States Trade Representative (USTR), announced today the Administration's decisions with respect to this year's annual review under the so-called "Special 301" provisions of the Trade Act of 1974.
The statute requires the USTR to identify those foreign countries that deny adequate and effective protection of intellectual property rights, or deny fair and equitable market access for U.S. persons relying on intellectual property protection, and to determine which of those countries are priority foreign countries. Priority foreign countries are those countries whose practices are the most egregious and have the greatest adverse impact, actual or potential, on U.S. products, and who are not making significant progress in bilateral or multilateral intellectual property negotiations.
Under the special 301 provisions, if a country is identified as a priority foreign country, the USTR must, within 30 days of identification, decide whether to initiate a section 301 investigation of the policies and practices that were the basis of the identification. If an investigation is initiated, it must be concluded within six months. This period may be extended to nine months, if certain statutory criteria are met. At the end of the investigation period, the USTR must decide whether the measures under investigation are actionable, and if so, decide what response is appropriate, including possible retaliation.
USTR may identify a country as a priority foreign country at any time that the facts warrant or may remove a country's identification at any time.
PRIORITY FOREIGN COUNTRIES
Despite progress in negotiating mutually acceptable solutions to our intellectual property problems in many countries around the world, the lack of adequate and effective intellectual property protection and market access has remained particularly acute in some of our trading partners. As a result, the Administration has identified the following trading partners as priority foreign countries:
India
Taiwan
Thailand
All of these trading partners were on the Administration's special 301 lists in 1991.
In Taiwan major problems exist with respect to obtaining effective
