The Office of the United States Trade Representative (USTR) released its annual “Special 301″ Report on Friday on the adequacy and effectiveness of intellectual property rights (IPR) protection by U.S. trading partners.
“The Special 301 Report spotlights one of the central challenges facing the global economy,” said Ambassador Susan C. Schwab. “Pirates and counterfeiters don’t just steal ideas; they steal jobs, and too often they threaten our health and safety. The Administration has been committed to stepping up the fight against IPR infringers who seek to profit from American artists, inventors, and entrepreneurs.”
Continuing Concerns in China and Russia
Again this year, USTR’s Special 301 Report highlights serious IPR concerns with respect to China and Russia, in spite of some evidence of improvement in both countries.
“We continue to work with our Chinese and Russian colleagues to ensure that they deliver on their commitments to improve intellectual property protection and enforcement,” said Schwab. “Our bilateral engagement with China, Russia and other trading partners complement our efforts to enforce our rights through the WTO. The Administration will continue to defend vigorously American innovation.” She continued, “U.S. leadership remains critical to improving the global IPR climate.”
China
China will remain on the Priority Watch List, and the USTR will continue monitoring China under Section 306 of the 1974 Trade Act, thus maintaining pressure on China to improve its IPR situation. High levels of copyright piracy and trademark counterfeiting remain serious concerns. At the same time, the United States is also using the World Trade Organization (WTO) dispute settlement process to address a number of specific deficiencies in China’s IPR regime.
Russia
The United States also continues to work for improvements to the intellectual property regime in Russia. Although Russia has made some progress — for example, in moving optical disc factories off of government-controlled sites and raiding unlicensed factories — large-scale production and distribution of IP-infringing optical media and Internet piracy remain significant problems. The United States will continue to monitor to ensure that Russia moves to implement a variety of legal and law enforcement improvements to which it committed as part of a bilateral agreement on Russia’s accession to the WTO. Implementation of these commitments remains essential to completing the final multilateral negotiations on the overall accession package.
Improvements Noted for Several Trading Partners
The Special 301 Report also provides an opportunity to recognize trading partners whose efforts to improve intellectual property protection and enforcement are delivering results both for home-grown innovators in those countries and for U.S. rights holders. Egypt, Lebanon, Turkey, and Ukraine are being moved to the Watch List (from the Priority Watch List), reflecting improvements in each country’s IPR regime. Two other trading partners — Belize and Lithuania — are being removed from the Special 301 Report altogether.
This year’s Special 301 Report places forty-six (46) countries on the Priority Watch List, the Watch List, or the Section 306 monitoring list. There are nine countries on this year’s Priority Watch List: China, Russia, Argentina, Chile, India, Israel, Pakistan, Thailand, and Venezuela. Countries on the Priority Watch List in the estimation of the U.S. government do not provide an adequate level of IPR protection or enforcement, or market access for persons relying on intellectual property protection, in absolute terms or relative to a range of factors, such as their level of development. Priority Watch List countries will be the subject of particularly intense engagement through bilateral discussion during the coming year.
Thirty-six trading partners are on the Watch List, meriting bilateral attention to address IPR problems: Algeria, Belarus, Bolivia, Brazil, Canada, Colombia, Costa Rica, Czech Republic, Dominican Republic, Ecuador, Egypt, Greece, Guatemala, Hungary, Indonesia, Italy, Jamaica, Kuwait, Lebanon, Malaysia, Mexico, Norway, Peru, Philippines, Poland, Republic of Korea, Romania, Saudi Arabia, Spain, Taiwan, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan, and Vietnam.
The Administration will conduct Out-of-Cycle Reviews for Taiwan and Israel to assess progress on specific IPR issues. It is looking forward to additional action in the coming months on the IP reforms identified as key priorities by the Government of Canada.
Paraguay will continue to be subject to Section 306 monitoring under a bilateral Memorandum of Understanding that establishes objectives and actions for addressing IPR concerns in that country.
On October 23, 2007, USTR Susan Schwab announced that the U.S. government will seek to negotiate an Anti-Counterfeiting Trade Agreement (ACTA). The ACTA is envisioned as a leadership effort among trading partners that will raise the international standard for IPR enforcement.
Despite some encouraging developments, the detailed country discussions in the Special 301 Report make clear that numerous IPR problems persist around the world. Trade in counterfeit pharmaceuticals continues to be a particularly grave concern, and the United States continues to be actively engaged in addressing this serious problem. The Administration also intends to remain focused on combating large-scale piracy of optical media and the widespread counterfeiting of trademark-protected consumer and industrial goods.