IACC Files Comments with USTR for Annual Special 301 Review
On Tuesday, January 30th, the IACC submitted comments to the Office of the United States Trade Representative (USTR) in support of that agency’s annual Special 301 Review. Each year, USTR and an interagency team from across the Executive Branch prepare a report to Congress concerning the state of intellectual property protection and enforcement around the world, and highlighting those jurisdictions that present the greatest concerns to U.S. businesses. The report also serves as a roadmap for the Administration’s priorities and engagement with international partners over the coming year. The feedback provided by IP owners and their representative associations plays a vital role in the development of the Special 301 report; historically, the IACC has been the single largest voice for trademark owners in the annual process.
The IACC’s submission this year highlighted members’ concerns in 35 jurisdictions, spanning 5 continents, and included recommendations for the placement of 5 countries on the Special 301 Priority Watch List, and an additional 23 countries on the Special 301 Watch List.
We’d like to thank all of the members who provided input for our comments this year; if you’d like more information about how your company can contribute to this work throughout the year, please reach out to me directly (tjohnson@iacc.org) at your earliest convenience.
USTR's final report is expected to be issued no later than April 30, 2024.
USTR Publishes Annual Report on Notorious Markets
On January 30th, the Office of the U.S. Trade Representative published its annual Notorious Markets List. The Notorious Markets review, though similar to the Special 301 review discussed above, highlights challenges faced by rights-holders in both physical and online marketplaces around the world. The IACC filed comments with USTR in connection with the NML last October.
Senators Cassidy and Whitehouse Introduce New Customs Legislation
In December, Senators Bill Cassidy and Sheldon Whitehouse introduced the long-awaited Customs Modernization Act (S. 3431). The bill is intended to serve as a vehicle for enacting many of the proposals that have been developed within the context of U.S. Customs and Border Protection’s 21st Century Customs Framework initiative. Among other things, the bill legislation includes provisions to enhance CBP’s information sharing authority, and expedited enforcement procedures aimed at more efficiently tackling the importation of counterfeits via small consignments.
A month prior, the bipartisan duo introduced the Manifest Modernization Act (S. 3217) with the aim of bringing greater transparency with respect to importations. At present, only ocean cargo vessels are required to publicly disclose manifest information, and the new legislation would extend those disclosure requirements to shipments arriving by air, truck, or rail as well.
We welcome the Senators’ efforts to enhance trade enforcement, and we look forward to working with them in the coming year.
