Trump’s tougher IP enforcement risks getting lost in the trade noise |
Trump’s tougher IP enforcement risks getting lost in the trade noise
On April 30, the Office of the U.S. Trade Representative released its 2026 Special Report on intellectual property. Like past editions, it names and shames countries that fail to adequately protect intellectual property or provide market access for goods and services closely tied to it. Unlike previous reports, its language is harsh, the tone more confrontational and its emphasis on enforcement explicit, rather than implied.
The signal is clear. The problem is the background noise. Because the Trump administration frames virtually everything about trade as “unfair,” the risk is that the signal will get lost in the noise.
To be clear, the 2026 report represents real progress. As I have argued before, the reports issued by former President Joe Biden’s administration fell short of their statutory requirements, turning a blind eye to some of the worst patent violations in 2023 and practically encouraging them in 2024.
Trump’s 2026 report doesn’t shy away from anything. Not surprisingly, it is strikingly negative and more adversarial. It invests in assigning blame and sets out the case for taking remedial action. The share of language emphasizing “failures” and “unfair practices” of trade partners also more than doubled between 2024 and 2026.
This shift also cuts across........