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USTR retains India on priority IP watch list; Vietnam faces toughest scrutiny in Special 301 Report 2026

On April 30, 2026, the USTR released the Special 301 Report 2026, naming Vietnam as a Priority Foreign Country and keeping India on the Priority Watch List, along with six other nations. The report notes Vietnam's lack of progress in IP protection and negotiations, and mentions 19 countries on the Watch List. It also states that a Section 301 investigation could be initiated within 30 days if warranted.

Why It Matters

The findings indicate intensified US scrutiny of IP enforcement and trade practices, with potential for forthcoming actions to protect American IP holders.

Timeline

5 Events

USTR to decide within 30 days on initiating Section 301 investigation

April 30, 2026

Within 30 days from the identification date of April 30, 2026, USTR will decide whether to initiate an investigation under Section 301 of the Trade Act of 1974; if initiated, USTR will request consultations with Vietnam to resolve the identified IP protection issues.

Vietnam's progress in IP negotiations criticized; no meaningful progress in bilateral engagements or trade negotiations

April 30, 2026

The USTR states that Vietnam has not entered into good faith negotiations or made significant progress in negotiations to provide adequate and effective IP rights protection, and cites a lack of progress in bilateral engagement and in negotiations for an Agreement on Reciprocal, Fair, and Balanced Trade.

Special 301 Report 2026 released; Vietnam named Priority Foreign Country; six countries on Priority Watch List

April 30, 2026

The USTR Special 301 Report 2026 identifies Vietnam as a Priority Foreign Country for IP protection and enforcement. It lists six countries on the Priority Watch List, including Chile, China, India, Indonesia, Russia, and Venezuela.

Revised IP Work Plan proposal submitted in 2023

2023

A revised proposal for an IP Work Plan was submitted in 2023.

US first proposes IP Work Plan to Vietnam (2020)

2020

The United States first approached Vietnam in 2020 with a proposal for an IP Work Plan to address issues identified in the Special 301 Report.