backThe United States Trade Representative (“USTR”) has invited public comment and scheduled a hearing to inform its annual Special 301 review “to identify countries that deny adequate and effective protection of intellectual property (IP) rights.” Interested party submissions are due by January 28, 2026.
On December 11, 2025, USTR published a Notice requesting comments, notices of intent to appear at a public hearing, and hearing statements for its 2026 Special 301 review. As discussed in greater detail below, the Special 301 Report is critical to identifying countries that fail to adequately protect U.S. stakeholders’ IP rights and market access.
Section 182 of the Trade Act of 1974, commonly referred to as the “Special 301 provisions,” requires USTR to assesses whether U.S. trading partners provide (1) adequate and effective IP protection and (2) fair and equitable market access for U.S. persons who rely on IP protection. USTR places trading partners failing in those areas on the “Priority Watch List” or “Watch List” for increased bilateral attention. Countries with the most egregious actions or policies are designated “Priority Foreign Countries” triggering investigative and other responsive actions under the Special 301 provisions. USTR also specifically identifies any Canadian policies or actions affecting “cultural industries” such as publishing, film, and music.
The 2025 Special 301 Report, released on April 29, 2025, identified 26 countries on the Priority Watch List and Watch List. Although the Special 301 Subcommittee, chaired by USTR, received input on more than 100 countries, the Subcommittee focused on those identified in written submissions provided in response to its notice inviting public comment.
The 2026 Special 301 Report is set to be published on or about April 30, 2026. To conduct its review, the Special 301 Subcommittee will consider numerous sources of information and will rely on public comments as a key source. Accordingly, USTR invites interested parties to provide information identifying specific actions and policies that deny adequate and effective IP protection or market access. USTR encourages parties to cite specific legal instruments and to highlight regional or subnational problem areas where appropriate. In addition, USTR requests that submissions proposing countries for review include data, loss estimates, and information on economic harm, including the methodology underlying such estimates.
Interested parties are invited to attend and to provide oral testimony at a public hearing convened by the Special 301 Subcommittee on February 18, 2026. The deadline for written submissions, notices to appear at the hearing, and hearing statements from parties other than foreign governments is January 28, 2026. Those who testify may submit post-hearing comments by February 25, 2026.
Key Takeaways
USTR is seeking comments and will conduct a public hearing to inform its 2026 Special 301 Report to identify U.S. trading partners that deny adequate IP protection and equitable market access. Given the Special 301 Report’s significance to U.S. trade policy regarding IP protection and the USTR’s emphasis on obtaining pertinent information from the public, clients with exposure to IP risks or market access barriers should consider providing comments and participating in the review process.