Special 301
Special 301: the common name for Section 1303 of the 1988 United States Omnibus Trade and Competitiveness Act. It requires USTR to make investigations every year of foreign countries that deny adequate and effective protection to United States intellectual property rights or that deny fair and equitable market access for persons that rely on intellectual property protection. Countries that have the most onerous or egregious conditions and whose conditions have the greatest adverse actual or potential impact on relevant United States products must be designated as priority foreign countries. This is done through the priority watch list. Placement on this list results in increased USTR attention. There is also a watch list. Countries on it are thought to pose problems, but not of a sufficient nature to require action. Investigations initiated as a result of Special 301 are fast-track. Unfairness and retaliation determinations must be made within six months of initiating an investigation. A particular feature of Special 301 is that, following amendment through the Uruguay Round Agreements Act, it can be applied to countries denying adequate and effective intellectual property protection even if they are in compliance with their obligations under the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights. In contrast to Super 301, Special 301 does not have to be renewed at fixed intervals. See also Section 301.
Source: http://ctrc.sice.oas.org/trc/WTO/Documents/Dictionary%20of%20trade%20%20policy%20terms.pdf
Web site to visit: http://ctrc.sice.oas.org
Author of the text: W. Goode
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