---
kind: "section"
citation: "19 U.S.C. § 2242"
title: "19"
title_heading: "Customs Duties"
number: "2242"
heading: "Identification of countries that deny adequate protection, or market access, for intellectual property rights"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/2242"
units:
  - "Chapter 12 — Trade Act of 1974"
  - "Subchapter I — Negotiating and Other Authority"
  - "Part 8"
---

# §2242. Identification of countries that deny adequate protection, or market access, for intellectual property rights

- (a) **In general—** By no later than the date that is 30 days after the date on which the annual report is submitted to Congressional committees under [section 2241(b) of this title](/usc/19/2241.md?p=b), the [United States](/usc/19/2319.md?p=8) [Trade Representative](/usc/19/1677.md?p=32) (hereafter in this section referred to as the “[Trade Representative](/usc/19/1677.md?p=32)”) shall identify—
  - (1) those foreign [countries](/usc/19/1677.md?p=3) that—
    - (A) deny adequate and effective protection of intellectual property rights, or
    - (B) deny fair and equitable market access to [United States](/usc/19/2319.md?p=8) [persons](/usc/19/2401.md?p=2) that rely upon intellectual property protection, and
  - (2) those foreign [countries](/usc/19/1677.md?p=3) identified under [paragraph (1)](#a-1) that are determined by the [Trade Representative](/usc/19/1677.md?p=32) to be priority foreign [countries](/usc/19/1677.md?p=3).
- (b) **Special rules for identifications—**
  - (1) In identifying priority foreign [countries](/usc/19/1677.md?p=3) under [subsection (a)(2)](#a-2), the [Trade Representative](/usc/19/1677.md?p=32) shall only identify those foreign [countries](/usc/19/1677.md?p=3)—
    - (A) that have the most onerous or egregious acts, policies, or practices that—
      - (i) deny adequate and effective intellectual property rights, or
      - (ii) deny fair and equitable market access to [United States](/usc/19/2319.md?p=8) [persons](/usc/19/2401.md?p=2) that rely upon intellectual property protection,
    - (B) whose acts, policies, or practices described in [subparagraph (A)](#b-1-A) have the greatest adverse impact (actual or potential) on the relevant [United States](/usc/19/2319.md?p=8) products, and
    - (C) that are not—
      - (i) entering into good faith negotiations, or
      - (ii) making significant progress in bilateral or multilateral negotiations,

      to provide adequate and effective protection of intellectual property rights.

  - (2) In identifying priority foreign [countries](/usc/19/1677.md?p=3) under [subsection (a)(2)](#a-2), the [Trade Representative](/usc/19/1677.md?p=32) shall—
    - (A) consult with the Register of Copyrights, the Under [Secretary](/usc/19/2401.md?p=6) of [Commerce](/usc/19/2481.md?p=10) for Intellectual Property and Director of the [United States](/usc/19/2319.md?p=8) Patent and Trademark Office, other appropriate officers of the Federal Government, and
    - (B) take into account information from such sources as may be available to the [Trade Representative](/usc/19/1677.md?p=32) and such information as may be submitted to the [Trade Representative](/usc/19/1677.md?p=32) by interested [persons](/usc/19/2401.md?p=2), including information contained in reports submitted under [section 2241(b) of this title](/usc/19/2241.md?p=b) and petitions submitted under [section 2412 of this title](/usc/19/2412.md).
  - (3) The [Trade Representative](/usc/19/1677.md?p=32) may identify a foreign [country](/usc/19/1677.md?p=3) under [subsection (a)(1)(B)](#a-1-B) only if the [Trade Representative](/usc/19/1677.md?p=32) finds that there is a factual basis for the denial of fair and equitable market access as a result of the violation of international law or agreement, or the existence of barriers, referred to in [subsection (d)(3)](#d-3).
  - (4) In identifying foreign [countries](/usc/19/1677.md?p=3) under paragraphs [(1)](#a-1) and [(2)](#a-2) of subsection (a), the [Trade Representative](/usc/19/1677.md?p=32) shall take into account—
    - (A) the history of intellectual property laws and practices of the foreign [country](/usc/19/1677.md?p=3), including any previous identification under [subsection (a)(2)](#a-2), and
    - (B) the history of efforts of the [United States](/usc/19/2319.md?p=8), and the response of the foreign [country](/usc/19/1677.md?p=3), to achieve adequate and effective protection and enforcement of intellectual property rights.
- (c) **Revocations and additional identifications—**
  - (1) The [Trade Representative](/usc/19/1677.md?p=32) may at any time—
    - (A) revoke the identification of any foreign [country](/usc/19/1677.md?p=3) as a priority foreign [country](/usc/19/1677.md?p=3) under this section, or
    - (B) identify any foreign [country](/usc/19/1677.md?p=3) as a priority foreign [country](/usc/19/1677.md?p=3) under this section,

    if information available to the [Trade Representative](/usc/19/1677.md?p=32) indicates that such action is appropriate.

  - (2) The [Trade Representative](/usc/19/1677.md?p=32) shall include in the semiannual report submitted to the Congress under [section 2419(3) of this title](/usc/19/2419.md?p=3) a detailed explanation of the reasons for the revocation under [paragraph (1)](#c-1) of the identification of any foreign [country](/usc/19/1677.md?p=3) as a priority foreign [country](/usc/19/1677.md?p=3) under this section.
- (d) **Definitions—** For purposes of this section—
  - (1) The term “[persons](/usc/19/2401.md?p=2) that rely upon intellectual property protection” means [persons](/usc/19/2401.md?p=2) involved in—
    - (A) the creation, production or licensing of works of authorship (within the meaning of sections [102](/usc/17/102.md) and [103](/usc/17/103.md) of title 17) that are copyrighted, or
    - (B) the manufacture of products that are patented or for which there are process patents.
  - (2) A foreign [country](/usc/19/1677.md?p=3) denies adequate and effective protection of intellectual property rights if the foreign [country](/usc/19/1677.md?p=3) denies adequate and effective means under the laws of the foreign [country](/usc/19/1677.md?p=3) for [persons](/usc/19/2401.md?p=2) who are not citizens or nationals of such foreign [country](/usc/19/1677.md?p=3) to secure, exercise, and enforce rights relating to patents, process patents, registered trademarks, copyrights, trade secrets, and mask works.
  - (3) A foreign [country](/usc/19/1677.md?p=3) denies fair and equitable market access if the foreign [country](/usc/19/1677.md?p=3) effectively denies access to a market for a product protected by a copyright or related right, patent, trademark, mask work, trade secret, or [plant](/usc/19/2575b.md?p=5) breeder’s right, through the use of laws, procedures, practices, or regulations which—
    - (A) violate provisions of international law or international agreements to which both the [United States](/usc/19/2319.md?p=8) and the foreign [country](/usc/19/1677.md?p=3) are parties, or
    - (B) constitute discriminatory nontariff trade barriers.
  - (4) A foreign [country](/usc/19/1677.md?p=3) may be determined to deny adequate and effective protection of intellectual property rights, notwithstanding the fact that the foreign [country](/usc/19/1677.md?p=3) may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in [section 3511(d)(15) of this title](/usc/19/3511.md?p=d-15).
- (e) **Publication—** The [Trade Representative](/usc/19/1677.md?p=32) shall publish in the Federal Register a list of foreign [countries](/usc/19/1677.md?p=3) identified under [subsection (a)](#a) and shall make such revisions to the list as may be required by reason of action under [subsection (c)](#c).
- (f) **Special rule for actions affecting United States cultural industries—**
  - (1) **In general—** By no later than the date that is 30 days after the date on which the annual report is submitted to Congressional committees under [section 2241(b) of this title](/usc/19/2241.md?p=b), the [Trade Representative](/usc/19/1677.md?p=32) shall identify any act, policy, or practice of Canada which—
    - (A) affects cultural [industries](/usc/19/1677.md?p=4-A),
    - (B) is adopted or expanded after December 17, 1992, and
    - (C) is actionable under article 32.6 of the [USMCA](/usc/19/1677.md?p=22) (as defined in [section 4502 of this title](/usc/19/4502.md)).
  - (2) **Special rules for identifications—** For purposes of [section 2412(b)(2)(A) of this title](/usc/19/2412.md?p=b-2-A), an act, policy, or practice identified under this subsection shall be treated as an act, policy, or practice that is the basis for identification of a [country](/usc/19/1677.md?p=3) under [subsection (a)(2)](#a-2), unless the [United States](/usc/19/2319.md?p=8) has already taken action pursuant to article 32.6 of the [USMCA](/usc/19/1677.md?p=22) in response to such act, policy, or practice. In deciding whether to identify an act, policy, or practice under [paragraph (1)](#f-1), the [Trade Representative](/usc/19/1677.md?p=32) shall—
    - (A) consult with and take into account the views of representatives of the relevant domestic [industries](/usc/19/1677.md?p=4-A), appropriate committees established pursuant to [section 2155 of this title](/usc/19/2155.md), and appropriate officers of the Federal Government, and
    - (B) take into account the information from such sources as may be available to the [Trade Representative](/usc/19/1677.md?p=32) and such information as may be submitted to the [Trade Representative](/usc/19/1677.md?p=32) by interested [persons](/usc/19/2401.md?p=2), including information contained in reports submitted under [section 2241(b) of this title](/usc/19/2241.md?p=b).
  - (3) **Cultural industries—** For purposes of this subsection, the term “cultural [industries](/usc/19/1677.md?p=4-A)” means [persons](/usc/19/2401.md?p=2) engaged in any of the following activities:
    - (A) The publication, distribution, or sale of books, magazines, periodicals, or newspapers in print or machine readable form but not including the sole activity of printing or typesetting any of the foregoing.
    - (B) The production, distribution, sale, or exhibition of film or video recordings.
    - (C) The production, distribution, sale, or exhibition of audio or video music recordings.
    - (D) The publication, distribution, or sale of music in print or machine readable form.
    - (E) Radio communications in which the transmissions are intended for direct reception by the general public, and all radio, television, and cable broadcasting undertakings and all satellite programming and broadcast network [services](/usc/19/2576b.md?p=4).
- (g) **Special rules for foreign countries on the priority watch list—**
  - (1) **Action plans—**
    - (A) **In general—** Not later than 90 days after the date on which the [Trade Representative](/usc/19/1677.md?p=32) submits the National Trade Estimate under [section 2241(b) of this title](/usc/19/2241.md?p=b), the [Trade Representative](/usc/19/1677.md?p=32) shall develop an action plan described in [subparagraph (C)](#g-1-C) with respect to each foreign [country](/usc/19/1677.md?p=3) described in [subparagraph (B)](#g-1-B).
    - (B) **Foreign country described—** The [Trade Representative](/usc/19/1677.md?p=32) shall develop an action plan under [subparagraph (A)](#g-1-A) with respect to each foreign [country](/usc/19/1677.md?p=3) that—
      - (i) the [Trade Representative](/usc/19/1677.md?p=32) has identified for placement on the priority watch list; and
      - (ii) has remained on such list for at least one year.
    - (C) **Action plan described—** An action plan developed under [subparagraph (A)](#g-1-A) shall contain the benchmarks described in [subparagraph (D)](#g-1-D) and be designed to assist the foreign [country](/usc/19/1677.md?p=3)—
      - (i) to achieve—
        - (I) adequate and effective protection of intellectual property rights; and
        - (II) fair and equitable market access for [United States](/usc/19/2319.md?p=8) [persons](/usc/19/2401.md?p=2) that rely upon intellectual property protection; or
      - (ii) to make significant progress toward achieving the goals described in [clause (i)](#g-1-C-i).
    - (D) **Benchmarks described—** The benchmarks contained in an action plan developed pursuant to [subparagraph (A)](#g-1-A) are such legislative, institutional, enforcement, or other actions as the [Trade Representative](/usc/19/1677.md?p=32) determines to be necessary for the foreign [country](/usc/19/1677.md?p=3) to achieve the goals described in clause [(i)](#g-1-C-i) or [(ii)](#g-1-C-ii) of subparagraph (C).
  - (2) **Failure to meet action plan benchmarks—** If, as of one year after the date on which an action plan is developed under [paragraph (1)(A)](#g-1-A), the President, in consultation with the [Trade Representative](/usc/19/1677.md?p=32), determines that the foreign [country](/usc/19/1677.md?p=3) to which the action plan applies has not substantially complied with the benchmarks described in [paragraph (1)(D)](#g-1-D), the President may take appropriate action with respect to the foreign [country](/usc/19/1677.md?p=3).
  - (3) **Priority watch list defined—** In this subsection, the term “priority watch list” means the priority watch list established by the [Trade Representative](/usc/19/1677.md?p=32) pursuant to [subsection (a)](#a).
- (h) **Annual report—** Not later than 30 days after the date on which the [Trade Representative](/usc/19/1677.md?p=32) submits the National Trade Estimate under [section 2241(b) of this title](/usc/19/2241.md?p=b), the [Trade Representative](/usc/19/1677.md?p=32) shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on actions taken under this section during the 12 months preceding such report, and the reasons for such actions, including—
  - (1) a list of any foreign [countries](/usc/19/1677.md?p=3) identified under [subsection (a)](#a);
  - (2) a description of progress made in achieving improved intellectual property protection and market access for [persons](/usc/19/2401.md?p=2) relying on intellectual property rights; and
  - (3) a description of the action plans developed under [subsection (g)](#g) and any actions taken by foreign [countries](/usc/19/1677.md?p=3) under such plans.

## Source credit

(Pub. L. 93–618, title I, § 182, as added Pub. L. 100–418, title I, § 1303(b), Aug. 23, 1988, 102 Stat. 1179; amended Pub. L. 103–182, title V, § 513, Dec. 8, 1993, 107 Stat. 2156; Pub. L. 103–465, title III, § 313, Dec. 8, 1994, 108 Stat. 4938; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(8)], Nov. 29, 1999, 113 Stat. 1536, 1501A–584; Pub. L. 114–125, title VI, § 610(a), (b)(1), Feb. 24, 2016, 130 Stat. 191; Pub. L. 116–113, title V, § 506(a), Jan. 29, 2020, 134 Stat. 78.)

## Notes

### Editorial Notes

### Amendments

2020—Subsec. (f)(1)(C). Pub. L. 116–113, § 506(a)(1), substituted “article 32.6 of the USMCA (as defined in section 4502 of this title)” for “article 2106 of the North American Free Trade Agreement”.

Subsec. (f)(2). Pub. L. 116–113, § 506(a)(2), substituted “article 32.6 of the USMCA” for “article 2106 of the North American Free Trade Agreement” in introductory provisions.

2016—Subsec. (d)(2). Pub. L. 114–125, § 610(a), inserted “, trade secrets,” after “copyrights”.

Subsecs. (g), (h). Pub. L. 114–125, § 610(b)(1), added subsecs. (g) and (h) and struck out former subsec. (g). Prior to amendment, text of subsec. (g) read as follows: “The Trade Representative shall, by not later than the date by which countries are identified under subsection (a), transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report on actions taken under this section during the 12 months preceding such report, and the reasons for such actions, including a description of progress made in achieving improved intellectual property protection and market access for persons relying on intellectual property rights.”

1999—Subsec. (b)(2)(A). Pub. L. 106–113 substituted “Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office” for “Commissioner of Patents and Trademarks”.

1994—Subsec. (b)(4). Pub. L. 103–465, § 313(1), added par. (4).

Subsec. (d)(3). Pub. L. 103–465, § 313(2)(A), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “A foreign country denies fair and equitable market access if the foreign country effectively denies access to a market for a product protected by a copyright, patent, or process patent through the use of laws, procedures, practices, or regulations which—”.

Subsec. (d)(4). Pub. L. 103–465, § 313(2)(B), added par. (4).

Subsec. (g). Pub. L. 103–465, § 313(3), added subsec. (g).

1993—Subsec. (f). Pub. L. 103–182 added subsec. (f).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2020 Amendment

Pub. L. 116–113, title V, § 506(b), Jan. 29, 2020, 134 Stat. 78, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date on which the USMCA enters into force [July 1, 2020].”

[For definition of “USMCA” as used in section 506(b) of Pub. L. 116–113, set out above, see section 4502 of this title.]

### Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.

### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 316 of Pub. L. 103–465, set out as an Effective Date note under section 3581 of this title.

### Effective Date of 1993 Amendment

Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], see section 516(a) of Pub. L. 103–182, formerly set out as an Effective Date note under former section 3461 of this title.

### Construction of 2016 Amendment

Pub. L. 114–125, title VI, § 610(b)(3), Feb. 24, 2016, 130 Stat. 192, provided that: “Nothing in this subsection [amending this section and enacting provisions set out as a note below] or the amendment made by this subsection shall be construed as limiting the authority of the President or the United States Trade Representative to develop action plans other than action plans described in section 182(g) of the Trade Act of 1974 [19 U.S.C. 2242(g)], as amended by paragraph (1), or to take any action otherwise authorized by law in response to the failure of a foreign country to provide adequate and effective protection and enforcement of intellectual property rights.”

### Use of Trade Enforcement Trust Funds To Facilitate Compliance with Intellectual Property Protection Benchmarks by Developing Countries

Pub. L. 114–125, title VI, § 610(b)(2), Feb. 24, 2016, 130 Stat. 192, provided that: In general.—Amounts from the Trade Enforcement Trust Fund established under section 611 [19 U.S.C. 4405] may be expended by the United States Trade Representative, only as provided by appropriations Acts, to provide assistance to any developing country to which an action plan applies under section 182(g) of the Trade Act of 1974 [19 U.S.C. 2242(g)], as amended by paragraph (1), to facilitate the efforts of the developing country to comply with the benchmarks contained in the action plan. Such assistance may include capacity building, activities designed to increase awareness of intellectual property rights, and training for officials responsible for enforcing intellectual property rights in the developing country. Developing country defined.—In this paragraph, the term ‘developing country’ means a country classified by the World Bank as having a low-income or lower-middle-income economy.”

### Procurement From Countries That Deny Adequate and Effective Protection of Intellectual Property Rights

Pub. L. 101–189, div. A, title VIII, § 852, Nov. 29, 1989, 103 Stat. 1517, as amended by Pub. L. 101–510, div. A, title XIII, § 1302(a), Nov. 5, 1990, 104 Stat. 1668, provided that it is the sense of Congress that it be a very important consideration in procurement of property, services, or technology by the Department of Defense whether such procurement is from any person of any country which has been identified by the United States Trade Representative as denying adequate and effective protection of intellectual property rights or fair and equitable market access to United States persons that rely upon intellectual property protection.

### Identification of Countries That Deny Adequate and Effective Protection of Intellectual Property Rights

Pub. L. 100–418, title I, § 1303(a), Aug. 23, 1988, 102 Stat. 1179, provided that: The Congress finds that— international protection of intellectual property rights is vital to the international competitiveness of United States persons that rely on protection of intellectual property rights; and the absence of adequate and effective protection of United States intellectual property rights, and the denial of fair and equitable market access, seriously impede the ability of the United States persons that rely on protection of intellectual property rights to export and operate overseas, thereby harming the economic interests of the United States. The purpose of this section [enacting this section and this note] is to provide for the development of an overall strategy to ensure adequate and effective protection of intellectual property rights and fair and equitable market access for United States persons that rely on protection of intellectual property rights.”