US Foreign Policy on Intellectual Property Rights
The United States government has a broadly coordinated, multi-pronged strategy for addressing Intellectual Property (IP) policy in the context of international trade agreements. This strategy was formulated by IP-driven industries based in the US and has been increasingly embraced by the US federal government in its trade negotiations over the last several decades. This strategy involves the coordinated use of bilateral and multilateral trade agreements between the US and other countries to maximize the rights of the US IP industry overseas. The main special interest driving US foreign policy on copyright is the major US movie and recording studios.
Multilateral legal regimes on intellectual property rights include regional and international treaties negotiated at the World Intellectual Property Organization (WIPO), or the World Trade Organization TRIPS Council, as well as regional trade agreements such as the North America Free Trade Agreement (NAFTA).
The US also acts unilaterally through it’s “Special 301” process that ranks countries according to their IPR policy, and focuses attention on countries that the US IP industry feels needs the greatest reform of its domestic laws. Countries put on the Office of the US Trade Representative’s “Special 301 Report” become pressured into undertaking trade talks with the US to change their domestic IP laws and internal enforcement actions. A country being listed on the USTR’s “Special 301 Report” often leads to the signing of a bilateral trade agreement between the US and the unsatisfactory foreign nation. Trade organizations can also begin a “Special 301″ action against a foreign country by filing a request to the USTR.
Below: US Ambassador Susan Schwab, top official at the Office of US Trade Representative and Bush Administration appointee:
30 Apr, 2008: “The Problem with the Anti-Counterfeiting Treaty (and What To Do About It)” by Aaron Shaw (KEI Studies) 
In mid-February 2008, the Office of the United States Trade Representative (USTR) issued a request for public comments on the proposed “Anti-Counterfeiting Trade Agreement” (ACTA). However, with the exception of a handful of press releases, information about the proposal itself remains scarce. Mainstream media outlets have printed USTR officials' talking points about the importance of winning “the fight against fakes,” ...
25 Apr, 2008: Uninvited to the Public Policy Forum Symposium (Howard Knopf)
"I have now been uninvited to the Public Policy Forum (“PPF”) IP program entitled INTELLECTUAL PROPERTY REFORM: INNOVATION AND THE ECONOMY on April 28, 2008, which will now proceed without me on the program. It seems that strong pressure was brought to bear on PPF to have me removed from the program and that PPF capitulated. The presentation ...
25 Apr, 2008: USTR Press Release on 2008 Special 301 List
Report Highlights US Industry Desire for More Restrictive Intellectual Property Protection, Acknowledges Compliance by Some US Trading Partners....
25 Apr, 2008: 2008 USTR Special 301 Report (full report) 
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 Special 301 provisions of the Trade Act of 1974 (Trade Act). The 2008 Special 301 review process examined IPR protection and enforcement in 78 countries. ...
25 Apr, 2008: Canada Remains in Good Company in USTR Special 301 Report (Micheal Geist)
"The U.S. Trade Representative has released its annual Special 301 report, in which it criticizes dozens of countries over their intellectual property laws while ignoring its own shortcomings. Despite demands from the copyright lobby that Canada be placed on the "Priority Watch List," Canada is again on the lower level Watch List along with 35 other countries including Norway, ...
25 Apr, 2008: USTR’s 2008 Special Section 301 Report (William Paltry)
On Friday, April 25th, the Office of the United States Trade Representative issued its 2008 Special 301 report. Nine countries were placed on the naughtiest of the naughty list, the Priority Watch List: China, Russia, Argentina, Chile, India, Israel, Pakistan, Thailand, and Venezuela. Of these China gets the most extensive treatment. Thirty-six countries were placed on the naughty list, the ...
3 Apr, 2008: “Reflections from Fordham 2008 ” from Howard Knopf
The annual Fordham International Intellectual Property Law and Policy Conference has just taken place, as always The First Thursday and Friday After Easter.™ The following is a very limited and personal take on a very complex and comprehensive conference.
25 Mar, 2008: IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA)
In 2007 a select handful of the wealthiest countries began a treaty-making process to create a new global standard for intellectual property rights enforcement, the proposed Anti-Counterfeiting Trade Agreement (ACTA). ACTA is spearheaded by the United States, the European Commission, Japan, and Switzerland -- those countries with the largest intellectual property industries. Other countries invited to participate in ...
25 Mar, 2008: IP Justice White Paper on the Proposed Anti-Counterfeiting Trade Agreement (ACTA)
Anti-Consumer and Anti-Public Interest Treaty Proposed by Intellectual Property Industry, US, Europe, Switzerland, and Japan
25 Mar, 2008: Provisions for ACTA - According to Office of US Trade Representative
According to Oct. 2007 USTR "Fact Sheet", the proposed Anti-Counterfeiting Trade Agreement (ACTA) would contain the following provisions: International Cooperation, Enforcement Practices & New Legal Framework....
- View all entries under US Foreign Policy
15 Mar, 2008: USTR - Special 301 Public Submissions 2008
Industry submissions to the USTR regarding its Special 301 list to recommend trade sanctions against foreign countries....
2 Mar, 2008: Bilateral Agreements and a TRIPS-Plus World: The Chile-USA Free Trade Agreement, 2004 (Roffe/ICTSD)
16 Feb, 2008: Comment on Anti-Counterfeiting Trade Agreement (ACTA) to USTR
Deadline: 21 March 2008. The Office of the United States Trade Representative (USTR) seeks to negotiate an anti-counterfeiting trade agreement to strengthen
international cooperation, enforcement practices, and participants' legal frameworks to address counterfeiting and piracy. USTR requests written comments from the public concerning specific matters that should be the focus of such an agreement.
5 Feb, 2008: Public Comments Open on USTR Special 301 List
"The United States Trade Representative (USTR) has requested written submissions from the public "concerning foreign countries' acts, policies, and practices that are relevant to the decision as to whether particular trading partners should be identified" in its Special 301 List. The USTR's Special 301 Lists are used to impose trade sanction on foreign countries that do not adhere to ...
15 Nov, 2007: Ask First, ACTA Later (Michael Geist)
The Australian government has launched a public consultation on its possible involvement in the Anti-Counterfeiting Trade Agreement negotiations. Unlike the Canadian government, which jumped at the chance to join the U.S. in the negotiations with no advance warning and no public discussion, the Australians are taking the time to ask the public whether it thinks the country should participate ...
8 Nov, 2007: US Lawmakers Seek To Fuel International IP Enforcement Activities (IP-Watch)
Lawmakers in the United States concerned that global counterfeiting and piracy are hurting American business on Wednesday introduced two bills aimed at curbing the practices, and said they want more international cooperation to do so. Senators Evan Bayh, an Indiana Democrat, and George Voinovich, a Republican from Ohio, introduced the Intellectual Property Rights Enforcement Act, which would establish an ...
5 Nov, 2007: US-Peru Trade Deal The First Test Of Renegotiated IP Provisions (IP-Watch)
The United States House of Representatives is poised to pass the US-Peru free trade agreement this week, in the first test of the new “bipartisan trade policy” that led to the renegotiation of trade agreements with Colombia, Panama, Peru and South Korea. The Peru pact includes new provisions that congressional Democrats negotiated with the Bush administration with the aim ...
30 Sep, 2007: IP Justice Summary Table of USTR Section 301 Reports 2001-2007
"Under “Special 301” enacted in 1988, USTR identifies countries that denied “adequate and effective protection” of US intellectual property or that denied “fair and equitable market access” to US intellectual property holders. Any “interested person” can file a petition asking USTR to launch Section 301 investigation and deny trade benefits to a country. Often, industry trade organizations such ...
30 Aug, 2007: Stiglitz: FTAs advantageous to US (Bilaterals.org)
Nobel laureate and former World Bank chief economist Joseph Stiglitz believes that no country should enter into free trade agreements with the US, as none of the developing countries has benefited greatly from them.
16 Jul, 2007: Memo on US-Korea “Free Trade” Agreement and Intellectual Property Rights
"The United States and Korea entered into a historic "Free Trade" Agreement (FTA) in April 2007. Chapter 18 of the FTA deals with Intellectual Property Rights. This memorandum will go through and explain each major article discussed in the chapter and where relevant, will contrast these provisions with those of the TRIPS agreement. This memorandum will also ...
- View all entries under Bilateral agreements
25 Apr, 2008: Uninvited to the Public Policy Forum Symposium (Howard Knopf)
"I have now been uninvited to the Public Policy Forum (“PPF”) IP program entitled INTELLECTUAL PROPERTY REFORM: INNOVATION AND THE ECONOMY on April 28, 2008, which will now proceed without me on the program. It seems that strong pressure was brought to bear on PPF to have me removed from the program and that PPF capitulated. The presentation ...
25 Apr, 2008: USTR Press Release on 2008 Special 301 List
Report Highlights US Industry Desire for More Restrictive Intellectual Property Protection, Acknowledges Compliance by Some US Trading Partners....
25 Apr, 2008: 2008 USTR Special 301 Report (full report)
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 Special 301 provisions of the Trade Act of 1974 (Trade Act). The 2008 Special 301 review process examined IPR protection and enforcement in 78 countries. ...
25 Apr, 2008: Canada Remains in Good Company in USTR Special 301 Report (Micheal Geist)
"The U.S. Trade Representative has released its annual Special 301 report, in which it criticizes dozens of countries over their intellectual property laws while ignoring its own shortcomings. Despite demands from the copyright lobby that Canada be placed on the "Priority Watch List," Canada is again on the lower level Watch List along with 35 other countries including Norway, ...
25 Apr, 2008: USTR’s 2008 Special Section 301 Report (William Paltry)
On Friday, April 25th, the Office of the United States Trade Representative issued its 2008 Special 301 report. Nine countries were placed on the naughtiest of the naughty list, the Priority Watch List: China, Russia, Argentina, Chile, India, Israel, Pakistan, Thailand, and Venezuela. Of these China gets the most extensive treatment. Thirty-six countries were placed on the naughty list, the ...
15 Mar, 2008: USTR - Special 301 Public Submissions 2008
Industry submissions to the USTR regarding its Special 301 list to recommend trade sanctions against foreign countries....
16 Feb, 2008: Comment on Anti-Counterfeiting Trade Agreement (ACTA) to USTR
Deadline: 21 March 2008. The Office of the United States Trade Representative (USTR) seeks to negotiate an anti-counterfeiting trade agreement to strengthen
international cooperation, enforcement practices, and participants' legal frameworks to address counterfeiting and piracy. USTR requests written comments from the public concerning specific matters that should be the focus of such an agreement.
13 Feb, 2008: No One Likes a Bully: the IIPA and Canada (William Patry)
"Despite the use of the word “International” in its name, the International Intellectual Property Alliance (IIPA) is an umbrella group comprised of 7 U.S. trade associations: the Association of American Publishers, Business Software Alliance, Entertainment Software Association (video game industry), The Independent Film & Television Alliance, The Motion Picture Association of America, National Music Publishers’ Association, and Recording Industry Association ...
5 Feb, 2008: Public Comments Open on USTR Special 301 List
"The United States Trade Representative (USTR) has requested written submissions from the public "concerning foreign countries' acts, policies, and practices that are relevant to the decision as to whether particular trading partners should be identified" in its Special 301 List. The USTR's Special 301 Lists are used to impose trade sanction on foreign countries that do not adhere to ...
8 Nov, 2007: US Lawmakers Seek To Fuel International IP Enforcement Activities (IP-Watch)
Lawmakers in the United States concerned that global counterfeiting and piracy are hurting American business on Wednesday introduced two bills aimed at curbing the practices, and said they want more international cooperation to do so. Senators Evan Bayh, an Indiana Democrat, and George Voinovich, a Republican from Ohio, introduced the Intellectual Property Rights Enforcement Act, which would establish an ...
- View all entries under Section 301
