The U.S. Trade Representative’s Special 301 Report chastises China but simultaneously says the U.S. may support extending the waiver of IP protections to COVID-19 therapeutics and diagnostics, reports Bio.News.
The Special 301 Report, published April 26, is an annual rating of IP protection provided by U.S. trading partners, detailing problematic practices like poor law enforcement against illegal trade and counterfeits, inadequate protection of trade secrets, and forced technology transfer.
Who are the worst offenders? The Priority Watch List includes four countries recommended by BIO—Argentina, Chile, China, and India—as well as Indonesia, Russia, and Venezuela.
China has inadequate IP protection and “long-standing issues like technology transfer, trade secrets, counterfeiting, online piracy, copyright law, and patent and related policies,” the report says.
The report reflects BIO’s input on China—including discussion of China’s human genetic resources regulation, biosecurity law, “and other market-distorting measures that require or pressure technology transfer from U.S. companies,” says Justin Pine, BIO’s Senior Director of International Affairs.
But there’s an inconsistency: The report says USTR may support waiving IP protections for COVID therapeutics and diagnostics. The decision will be based on the U.S. International Trade Commission (USITC) report, scheduled for release on October 17.
BIO’s take: “USTR twists itself into a pretzel, simultaneously justifying the TRIPS waiver while defending the importance of IP rights for American workers and U.S.-driven innovation,” says Pine.
Read more about the report and BIO’s take.