03 May 2017
Washington DC
Reporter: Barney Dixon

USTR targets China, India and Canada in 301 report


China, India and Canada are sub-par intellectual property enforcers, according to the US Trade Representative’s 2017 Special 301 Report.

The report, released on 28 April, placed China, a continuing offender, and India on the USTR’s Priority Watch List.

It said: “China imposes requirements that US firms develop their IP in China or transfer their IP to Chinese entities as a condition to accessing the Chinese market.”

But, according to the USTR, China continues to be home to “widespread infringing activity, including trade secret theft, rampant online piracy and counterfeiting, and high levels of physical pirated and counterfeit exports to markets around the globe”.

Meanwhile, India lacks “sufficient measurable improvements to its IP framework on longstanding and new challenges that have negatively affected US right holders over the past year”.

“New and growing concerns, including with respect to draft policies that negatively affect the commercialisation of biotechnology, and the positions that India supports and voices in multilateral forum on IP issues, continue to generate skepticism about whether India is serious about pursuing pro-innovation and creativity growth policies.”

While Canada remained absent from the Priority Watch List, the USTR said: “In virtually all countries identified in this report, IP enforcement is lacking.”

“Many of the listed trading partners including Canada, Egypt, Indonesia, Mexico, Turkey, Turkmenistan and Uzbekistan do not provide adequate or effective border enforcement against counterfeit and pirated goods; in addition, many listed countries’ customs officials lack authority to take ex officio action to seize and destroy such goods at the border or to take such action for goods in-transit.”

More news
The latest news from IPPro Patents
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Universities should be more flexible
18 August 2017 | London | Reporter: Barney Dixon
Perceived barriers could potentially be torn down by the Aarhus University’s proposed ‘patent free’ research zone, but academia should not be wedded to a single solution, according to Sean Jauss, partner at Mewburn Ellis
Ericsson sues Wiko over standard-essential patents
17 August 2017 | Stockholm | Reporter: Barney Dixon
Ericsson has sued smartphone maker Wiko for infringement of standard-essential patents for 2G, 3G and 4G technology
Ropes & Gray hires leading PTAB litigator
16 August 2017 | Washington DC | Reporter: Barney Dixon
Ropes & Gray has recruited leading US Patent Trial and Appeal Board litigator Scott McKeown
Trump fires forward in China IP investigation
15 August 2017 | Washington DC | Reporter: Barney Dixon
US President Donald Trump has signed a memorandum asking the US Trade Representative to examine whether China should be investigated for alleged intellectual property malpractice
Nintendo Switch ‘infringes’ Gamevice patent
14 August 2017 | California | Reporter: Barney Dixon
Handheld game controller company Gamevice claimed that the Nintendo Switch infringes its 2015 patent for a slip-on game controller used with a smartphone or tablet
BPO takes radical approach to patent backlog
14 August 2017 | Brasília | Reporter: Barney Dixon
The Brazilian Patent Office has published a proposal that intends to eliminate patentability analysis
Sanofi sues Merck for patent infringement
11 August 2017 | New Jersey | Reporter: Barney Dixon
Sanofi has filed a lawsuit against Merck Sharp & Dohme Corp, alleging infringement of two patents for a diabetes drug