Our Special 301 Submission: Defending IP and American Innovation

What’s At Stake: On January 28, the U.S. Chamber of Commerce submitted its comments to the United States Trade Representative (USTR) as part of the Special 301 review. This critical filing is one of the Chamber’s greatest tools for advocating strong intellectual property (IP) protections worldwide. It provides a candid and comprehensive assessment of the state of IP rights among America’s trading partners, spotlighting persistent challenges that threaten U.S. innovators, creators, workers, and wages. The message is clear: for the global economy to thrive and operate fairly, America’s trading partners must uphold robust IP standards, ensure market access, and enforce protections effectively.

What We Said: The Chamber’s submission is a rallying cry for global economies and multilateral organizations to prioritize strong, consistent IP protections. This year’s filing underscores the indispensable role of IP in driving international trade and economic growth, while also addressing the mounting challenges that American businesses face. From potential retaliatory tariffs to inadequate enforcement, the Chamber’s comments highlight urgent need for action.

The 2026 submission focuses on three critical areas:

• Enforcing Existing Agreements: The Chamber emphasizes the importance of honoring IP obligations in bilateral agreements, such as AUSFTA, the China Phase One deal, USMCA, and others. These agreements are foundational to ensuring fair trade and protecting American innovation.
• Addressing Persistent Challenges: The submission identifies key markets, including Brazil, China, Colombia, India, Indonesia, and the European Union, where IP protections remain insufficient. These challenges are not confined to emerging markets; even established economies must do more to meet their commitments and foster an environment conducive to innovation.
• Strengthening U.S. Leadership: The Chamber calls for decisive U.S. leadership at the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). The U.S. will play a pivotal role in ensuring the multilateral rules-based trading system helps raise the bar for IP standards worldwide.

Why It Matters: Innovation is the lifeblood of economic growth, and IP is its foundation. Strong IP protections empower innovators and creators, attract investment, and drive the development of groundbreaking and creative inventions. The Special 301 process is a vital mechanism for encouraging countries to strengthen their IP systems, ensuring that innovation and creativity can flourish on a global scale. The Chamber remains steadfast in its commitment to advocating for policies that protect U.S. ingenuity, foster fair competition, and cultivate a global environment where innovation thrives.

Read the Chamber's submission:

About the author

Ryan Denson

Ryan Denson is Manager for International IP for the Global Innovation Policy Center at the U.S. Chamber of Commerce.