ABSTRACT

Special 301 can be fairly credited with improving respect for intellectual property in at least twenty countries and for helping to conclude the Uruguay Round negotiations on intellectual property—a significant set of achievements for a virtually unnoticed trade statute. Special 301 was included in the 1988 Trade Act and largely modeled on Super 301. It differs from Super 301 in one important way: it is a permanent law with no expiration date, whereas Super 301 was to expire after two years. A Special 301 case was initiated in 1994 that focused on enforcement of the 1992 commitments. On the last day before more than $1 billion in trade sanctions would have gone into effect, February 26, 1995, China agreed to a new enforcement regime and sanctions were suspended. In late 1995 and 1996, however, strong evidence came to light that China had failed to enforce this agreement.