Also known as: Special 301 · Section 301 · Special 301 Report
Written by attorneys · grounded in primary & secondary sources — see below
A provision in the Trade Act authorizing the United States Trade Representative to investigate foreign countries that deny adequate and effective protection of intellectual property rights and to impose sanctions when negotiations fail.
Select any source to read its text and confirm it supports the definition.
Sebastian Santos and Spencer Silver dissolve their partnership. Before any notice reaches third parties, Sebastian signs a supply contract with Solstice Ventures. Because Solstice Ventures lacks knowledge of the dissolution, the act binds the partnership under the applicable rule.
Sofia Stern files a support petition in State A. The responding tribunal in State B receives the pleading directly and must file it while notifying Sofia of the filing details and date under the governing procedure.
Sean Steele dissociates from the partnership. Within two years he enters a deal with Sapphire Technologies. The act binds the partnership because it would have done so before dissociation and the two-year window has not closed.
Stella Shapiro transfers partnership property without authority. The partnership seeks recovery from Silverline Industries. Recovery succeeds only upon proof that the initial transfer did not bind the partnership under the authority rule.
Sophia Singh signs a services contract after dissolution but before notice reaches the counterparty. The act binds the partnership because the counterparty lacks notice and the transaction would have bound the firm before dissolution.
It permits investigation of foreign IP practices that fail to provide adequate protection and allows imposition of trade sanctions when bilateral negotiations do not resolve the dispute.
Treaties such as TRIPS leave enforcement largely to individual states. Special Section 301 supplies a unilateral U.S. mechanism to pressure countries that fall short of treaty standards.
A foreign country's denial of adequate and effective IP protection or failure to enforce treaty obligations can prompt an investigation and potential sanctions.