[Federal Register Volume 63, Number 89 (Friday, May 8, 1998)]
[Notices]
[Page 25539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12196]
[[Page 25539]]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Identification of Countries That Deny Adequate Protection, or
Market Access, for Intellectual Property Rights Under Section 182 of
the Trade Act of 1974 (Special 301)
AGENCY: Office of the United States Trade Representative.
ACTION: Identification of countries that deny adequate protection for
intellectual property rights or market access for persons that rely on
intellectual property protection.
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SUMMARY: The United Sates Trade Representative (USTR) is required by
the ``Special 301'' provisions in U.S. trade law to identify those
foreign countries that deny adequate and effective protection of
intellectual property rights or deny fair and equitable market access
to United States persons that rely upon intellectual property
protection, and those foreign countries determined to be priority
foreign countries. These identifications are presented below.
DATES: These identifications took place on April 30, 1998.
ADDRESSES: Office of the United States Trade Representative, 600 17th
Street, N.W., Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT: Claude Burcky, Director for
Intellectual Property, (202) 395-6864, Steve Fox, Deputy Director for
Intellectual Property, (202) 395-6864, or Geralyn S. Ritter, Associate
General Counsel, (202) 395-6800.
SUPPLEMENTARY INFORMATION: Section 182 of the Trade Act of 1974, as
amended (the Trade Act) (19 U.S.C. 2242) (commonly referred to as
Special 301) requires the USTR, within 30 days of the publication of
the National Trade Estimates Report provided for in section 181(b) of
the Trade Act, to identify all trading partners that deny adequate and
effective protection of intellectual property rights or deny fair and
equitable market acess to United States persons that rely upon
intellectual property protection. Those countries that have the most
onerous or egregious acts, policies, or practices that have the
greatest adverse impact (actual or potential) on the relevant United
States products must be identified as ``priority foreign countries,''
unless they are entering into good faith negotiations or are making
significant progress in bilateral or multilateral negotiations to
provide adequate and effective protection for intellectual property
rights. In identifying countries in this manner, the USTR is directed
to take into account the history of intellectual property laws and
practices of the foreign country, including any previous
identifications as a priority foreign country, and the history of
efforts of the United States, and the response of the foreign country,
to achieve adequate and effective protection and enforcement of
intellectual property rights. In making these determinations, the USTR
must consult with the Register of Copyrights, the Commissioner of
Patents and Trademarks, other appropriate officials of the Federal
Government and take into account information from other sources such as
information submitted by interested persons.
On April 30, 1998, the USTR identified 47 trading partners as
failing to provide adequate and effective intellectual property
protection and fair and equitable market access to persons that rely on
such protection. In addition, China's implementation of the 1995 and
1996 Bilateral IPR Agreements will remain subject to monitoring under
section 306 of the Trade Act (19 U.S.C. 2416). As a result of these
agreements and extensive follow-up work with Chinese officials, China
now has a functioning system to protect intellectual property rights
(IPR). As an integral part of this national effort, numerous laws,
regulations and circulars were issued during 1997. There has also been
continued progress on enforcement in China. In 1997, U.S. industry
losses from pirated optical media exports declined very significantly
according to industry estimates. Nevertheless, we remain concerned with
end-user piracy of business software, continuing retail piracy, growing
trademark counterfeiting and problems in obtaining administrative
protection for pharmaceuticals. U.S. officials will continue to work to
ensure that China strengthens its enforcement against illegal
importation, distribution, reproduction and sale of all illegitimate
IPR products.
Fifteen other trading partners were placed on the administratively-
created ``priority watch list,'' including Argentina, Bulgaria, the
Dominican Republic, Ecuador, Egypt, the European Union, Greece, India,
Indonesia, Israel, Italy, Kuwait, Macao, Russia and Turkey. Bulgaria
will be subject to review during the course of the year to maintain
pressure for further progress. Thirty-one other countries were placed
on the special 301 ``watch list,'' including Australia, Bahrain,
Canada, Chile, Colombia, Costa Rica, Czech Republic, Denmark,
Guatemala, Honduras, Hong Kong, Ireland, Jamaica, Japan, Jordan, Korea,
Oman, Pakistan, Peru, The Philippines, Poland, Qatar, Saudi Arabia,
Singapore, South Africa, Sweden, Thailand, Ukraine, U.A.E. (United Arab
Emirates), Venezuela, and Vietnam. Of these, at least Colombia, Hong
Kong, Jordan, and Vietnam will be subject to interim reviews during the
coming year. The USTR highlighted concerns, developments and
expectations for further progress in 17 other countries. Finally, the
USTR announced the initiation of a WTO dispute settlement case against
Greece and the European Communities for violations of the enforcement
obligations of the Agreement on Trade-Related Aspects of Intellectual
Property Rights.
Claude Burcky,
Director of Intellectual Property.
[FR Doc. 98-12196 Filed 5-7-98; 8:45 am]
BILLING CODE 3190-01-M