Special301

The USTR’s Special 301 Report has been issued every year beginning in 1989. The Executive Summary of the 2009 report says:

The “Special 301” Report is an annual review of the global state of intellectual property rights (IPR) protection and enforcement, conducted by the Office of the United States Trade Representative (USTR) pursuant to Section 182 of the Trade Act of 1974, as amended by the Omnibus Trade and Competitiveness Act of 1988 and the Uruguay Round Agreements Act (enacted in 1994). This Report reflects the Administration’s resolve to encourage and maintain effective IPR protection and enforcement worldwide.

The following are copies of several years of the USTR Special 301 Report, obtained by KEI thanks to a 2009 FOIA request to USTR, as well as selected submissions by PhRMA and IIPA and commentary and submissions by others, followed by selected articles and reports about the Special 301 Report.

Wikileaks has published more than 970 cables mentioning “Special 301,” sent from various U.S. embassies from February 28, 2002 to February 26, 2010. Links to these cables are available here: /node/1244

KEI has a list of country designations from 1989 to 2017, in html, as well as pdf, csv, xlsx or ods formats.


USTR has a list of previous Special 301 reports here. KEI also has links to each of the reports, as well as stakeholder comments or commentary in some years.

2018 Special 301

  • Blogs
  • 2017 Special 301

    2016 Special 301

    2015 Special 301

    The April 30, 2015 USTR Special 301 Report:
    /wp-content/uploads/2015-Special-301-Report-FINAL.pdf

    As of February 7, 2015, USTR received 40 comments in response to its request for written submissions about the Special 301 Review. The complete list can be found at regulations.gov. Here are some of the important ones.

    Industry/trade associations

    • PhRMA, February 6, 2015 Submission.
    • International Intellectual Property Alliance, February 6, 2015 submission.
    • Intellectual Property Owners (IPO) Association, February 6, 2015 submission.
    • Biotechnology Industry Organization, February 6, 2015 submission.
    • Computer & Communications Industry Association, February 7, 2015 submission.

    KEI and other public interest groups


    2014 Special 301

    /wp-content/uploads/USTR_2014_Special301.pdf

    The USTR docket for the 2014 Special 301 list is here. The PhRMA and IIPA submissions are generally regarded as the most influential.

    USTR Videos of February 24, 2014, Hearing on the Special 301 Report

    Industry/trade associations

    • PhRMA’s 2014 Submission.
    • International Intellectual Property Alliance, February 7, 2014 submission.
    • Intellectual Property Owners (IPO) Association February 7, 2014 submission.

    KEI’s comment and commentary

    2013 Special 301

    The 2013 Special 301 Report is available here.

    2012 Special 301

    The 2012 Special 301 report was published on April 30, and is available here.

    KEI Commentary (following publication)

    Other post publication commentary and reports

    Pre-Publication Public Submissions

    2011 Special 301

    /wp-content/uploads/2011_Special_301_Report.pdf

    KEI Post publication commentary

    2010 Special 301

    The 2010 Special 301 report was published on April 30, 2010 and it is available here. This year there were more than 700 submissions to the USTR.

    KEI pre-publication submissions and commentary:

    Selected Industry submissions:

    Selected NGO submissions:

    2009 Special 301

    2008 Special 301

    2007 Special 301

    2006 Special 301

    2005 Special 301

    2004 Special 301

    2003 Special 301

    2002 Special 301

    2001 Special 301

    2000 Special 301

    1999 Special 301

    1998 Special 301

    1997 Special 301

    1996 Special 301

    1995 Special 301

    1994 Special 301

    1993 Special 301

    1992 Special 301

    1991 Special 301

    • USTR’s 1991 Special 301 Report.
    • January 25, 1991. Roger A Brooks from PhRMA writes to International Subcommittee of the Patent Committee, US Department of Commerce, stating that PhRMA “is in the process of formulating a Section 301 petition against Thailand for lack of intellectual property protection.” He asks that the Subcommittee “evaluate the proposed changed in the current Thai Law” in view of the comments made by Pfizer, which he encloses.

    1990 Special 301

    1989 Special 301


    Misc documents and studies