[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Notices]
[Pages 25645-25646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9534]


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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

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the United States Trade 
Representative (USTR) has submitted its annual report on the 
identification of 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, to the Committee on 
Finance of the United States Senate and the Committee on Ways and Means 
of the United States House of Representatives, pursuant to section 182 
of the Trade Act of 1974, as amended (the Trade Act) (19 U.S.C. 2242).

DATES: This report was submitted on April 29, 2005 and is available on 
USTR's Web site at http://www.ustr.gov.

ADDRESSES: Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: Jennifer Choe Groves, Director for 
Intellectual Property at (202) 395-6864, or Stan McCoy, Assistant 
General Counsel, or Dan Mullaney, Associate General Counsel at (202) 
395-7305.

SUPPLEMENTARY INFORMATION: Section 182 of the Trade Act requires USTR 
to identify within 30 days of the publication of the National Trade 
Estimates Report all trading partners that deny adequate and effective 
protection of intellectual property rights or deny fair and equitable 
market access to U.S. persons who rely on 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 U.S. products are to 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, and other appropriate 
officials of the Federal Government, and take into account information 
from other sources such as information submitted by interested persons. 
The

[[Page 25646]]

Special 301 Report is available on USTR's Web site at http://www.ustr.gov.
    On April 29, 2005, USTR identified 52 trading partners that deny 
adequate and effective protection of intellectual property or deny fair 
and equitable market access to United States artists and industries 
that rely upon intellectual property protection.
    USTR announced the results of the out-of-cycle review for China, 
and stated that it is making a determination on China with multiple 
elements. First, USTR will work with U.S. industry and other 
stakeholders with an eye toward utilizing WTO procedures to bring China 
into compliance with its WTO TRIPS obligations, particularly those 
requiring transparency and a criminal IPR enforcement system with 
deterrent effect. Second, USTR will invoke the transparency provisions 
of the WTO TRIPS Agreement, which will require China to produce 
detailed documentation on certain aspects of IPR enforcement that 
affects U.S. rights under the TRIPS Agreement. Third, USTR is elevating 
China to the Priority Watch List on the basis of serious concerns about 
China's compliance with its WTO TRIPS obligations and commitments China 
made at the April 2004 meeting of the Joint Commission on Commerce and 
Trade (``JCCT'') to achieve a significant reduction in IPR infringement 
throughout China, and make progress in other areas. Fourth, USTR will 
maintain Section 306 monitoring of China's implementation of its 1992 
and 1995 bilateral agreements with the United States (including 
additional commitments made in 1996). And finally, USTR will use the 
JCCT, including the IPR Working Group, to secure new, specific 
commitments concerning additional actions that China will take to 
significantly improve IPR protection and enforcement, particularly over 
the next quarter. China's fulfillment of these commitments will be a 
centerpiece of the 2005 JCCT.
    In addition, USTR maintained Ukraine's designation as a Priority 
Foreign Country, and again designated Paraguay for Section 306 
monitoring of its commitments under the 2004 Memorandum of 
Understanding.
    USTR also announced the placement of 14 trading partners on the 
Priority Watch List: Argentina, Brazil, China, Egypt, India, Indonesia, 
Israel, Kuwait, Lebanon, Pakistan, the Philippines, Russia, Turkey, and 
Venezuela. In addition, USTR placed 36 trading partners on the Watch 
List: Azerbaijan, Bahamas, Belarus, Belize, Bolivia, Bulgaria, Canada, 
Chile, Colombia, Costa Rica, Croatia, Dominican Republic, Ecuador, 
European Union, Guatemala, Hungary, Italy, Jamaica, Kazakhstan, Korea, 
Latvia, Lithuania, Malaysia, Mexico, Peru, Poland, Romania, Saudi 
Arabia, Slovakia, Taiwan, Tajikistan, Thailand, Turkmenistan, Uruguay, 
Uzbekistan, and Vietnam. USTR will conduct out-of-cycle reviews of 
Ukraine, Russia, Indonesia, the Philippines, Canada, and Saudi Arabia.

Jennifer Choe Groves,
Director for Intellectual Property.
[FR Doc. 05-9534 Filed 5-12-05; 8:45 am]
BILLING CODE 3190-W5-P