Defending American IP: Closing the Gaps in Global Trade Enforcement

The big picture: The Chamber recently submitted a comment letter for the 2025 Special 301 submission. This is an important yearly review to ensure that the trading partners respect and protect the IP rights of American companies abroad. As Chamber CEO Suzanne Clark said in her State of American Business address, “There are opportunities to boost trade, which already supports 40 million U.S. jobs and makes the goods and services we all need more affordable to expand exports and help small businesses reach global markets and to welcome imports that increase consumer choice and help keep prices low.”

With 95% of the world’s consumers outside U.S. borders, trade agreements such as the United States-Mexico-Canada Agreement (USMCA), the U.S.-Colombia Trade Promotion Agreement (TPA) are vital for expanding market access and ensuring a level playing field for American business.

Why it matters: U.S. trade agreements establish high-standard rules that protect American innovation through IP standards and enforcement mechanisms. Without robust IP enforcement, the foundation of fair trade is undermined, exposing American businesses and workers to theft and unfair practices.

The challenges: Key commitments with America’s trading partners remain unfulfilled, including:

• Mexico: Four years post-implementation, Mexico has yet to fully meet obligations in biopharmaceutical and biotechnological sectors, including on patent enforcement, marketing authorization, and regulatory data protection.
• Canada: Canada’s proposed patent term adjustment mechanism falls short of USMCA standards, limiting remedies for patent delays. Additionally, policies like the digital services tax and Online Streaming Act discriminate against U.S. companies, violating USMCA commitments.
• China: While committed to IP reforms through the 2020 U.S.-China Trade and Economic Agreement, many of the provisions remain outstanding, including those related to patent term extension, patentability criteria and enforcement, regulatory data protection, and purchasing obligations for audiovisual licensing.
• Colombia: Gaps in Colombia’s patent linkage framework andthe ongoing threat of compulsory licenses risks violation of Colombia’s TPA obligations.

What’s next: The Chamber supports America’s trade agreements and urges all parties to address these issues in 2025. Ahead of the joint USMCA review in 2026, resolving USMCA’s outstanding commitments will be vitally important. Enforcing robust IP rights is essential to ensuring the agreement’s success and helping American companies compete and win in global markets.

Bottom line: Enforcing trade agreements is critical for U.S. economic growth, innovation, and job creation. The Chamber will continue advocating for full compliance of IP obligations in America's trade deals.

About the authors

Ryan Denson

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