“Special 301” in Action: Relationship Between Trade Organizations and USTR

How trade groups, such as the International Intellectual Property Association (IIPA) Drive US Foreign Policy on Intellectual Property and Set the Agenda at the Office of the US Trade Representative through the “Special 301” Process by Filing Annual Reports on Intellectual Property related trade losses.

* USTR – Request in Federal Register for Written Submissions under Special 301 (usually in January)

* Lobby Group (eg IIPA) files its Special 301 recommendations and estimates as to trade losses on intellectual property (around February)

* USTR submits the National Trade Estimate report to the President and various Congressional committees (contains analysis and estimates of trade losses on intellectual property with information being drawn from, among other sources, private sector trade advisory committees and interested persons) (on or before 31 March)

* USTR has 30 days in which to identify foreign countries under Special 301, including priority foreign countries (around 30 April). Sources of information for this purpose include information received from interested persons such as the IIPA

* USTR has 30 days to initiate a 301 investigation from the date that a country is identified as a priority foreign country unless the USTR determines it would be detrimental to US economic interests to investigate

NOTE: The above figure is attributed to Peter Drahos and John Braithwaite and the 2002 book, “Information Feudalism: Who Owns the Knowledge Economy?” page 95, figure 6.1 “Special 301” in Action. (Published by WW Norton & Company.)