[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Notices]
[Pages 19969-19970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11069]
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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.
[[Page 19970]]
ACTION: Identification of countries that deny adequate protection for
intellectual property rights or market access for persons who rely on
intellectual property protection.
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SUMMARY: The United States Trade Representative (USTR) is directed by
section 182 of the Trade Act of 1974, as amended (the Trade Act) (19
U.S.C. 2242), 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 must
be made within 30 days of the date on which the annual report is
submitted to Congressional committees under section 181(b) of the Trade
Act. They are presented below.
DATES: This identification took place on April 30, 1996.
ADDRESS: Office of the United States Trade Representative, 600 17th
Street, N.W., Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT:
Joseph Papovich, Deputy Assistant USTR for Intellectual Property, (202)
395-6864, Jo Ellen Urban, Director for Intellectual Property, (202)
395-6864, or Thomas Robertson, Assistant General Counsel, (202) 395-
6800.
SUPPLEMENTARY INFORMATION: Section 182 of the Trade Act requires the
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 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, 1996, having consulted with the appropriate private
sector advisory committees, the USTR identified 34 trading partners as
failing to provide adequate and effective intellectual property
protection and fair and equitable market access to persons who rely on
such protection. Of these trading partners, China was identified as a
priority foreign country because of its failure to implement the 1995
intellectual property enforcement agreement. Economic damage to U.S.
industries continues to rise as a result. Although China has made some
progress in halting the retail trade in infringing goods, it has failed
to stop illegal CD production, to prevent the export of infringing
goods, or to honor its promise to grant market access for legitimate
audiovisual products. Because intellectual property enforcement
problems in China are already the subject of an action under section
301, a new section 30l investigation will not be initiated. See 19
U.S.C. 2412(b)(2)(A)(ii); 59 FR 35558 (July 12, 1994); 60 FR 1829
(January 5, 1995); 60 FR 7230 (February 7, 1995); 60 FR 12582 (March 7,
1995). China's implementation of the 1995 agreement will remain subject
to section 306 monitoring. Trade sanctions for noncompliance could be
imposed pursuant to a decision by USTR that China is not satisfactorily
implementing the 1995 agreement. 19 U.S.C. 2416.
Eight other trading partners were placed on the administratively-
created ``priority watch lists,'' including Argentina, the European
Union, Greece, India, Indonesia, Japan, Korea, and Turkey. Greece and
Argentina will be subject to review during the course of the year to
maintain pressure for further progress. Twenty-five other countries
were placed on the special 301 ``watch list,'' including Australia,
Bahrain, Brazil, Canada, Chile, Colombia, Costa Rica, Ecuador, Egypt,
EL Salvador, Guatemala, Italy, Kuwait, Oman, Pakistan, Paraguay, Peru,
the Philippines, Poland, Romania, the Russian Federation, Saudi Arabia,
Singapore, Thailand, the UAE (United Arab Emirates), and Venezuela. The
intellectual property protection and market access regimes of EL
Salvador, Italy, Paraguay, the Philippines, Russia, Saudi Arabia, and
Thailand will be subject to ``out-of-cycle'' reviews. The USTR noted
growing concerns about IPR problems in four countries, and highlighted
developments and expectations for further progress in 15 other
countries. Finally, the USTR announced the impending initiation of WTO
dispute settlement cases against Portugal, Pakistan, and India for
patent-related violations of the Agreement on Trade-Related Aspects of
Intellectual Property Rights and Turkey for violations of the national
treatment obligations in the General Agreement on Tariffs and Trade
1994. Separate Federal Register notices will be issued detailing these
cases at the appropriate time.
Joseph Papovich,
Deputy Assistant USTR for Intellectual Property.
[FR Doc. 96-11069 Filed 5-2-96; 8:45 am]
BILLING CODE 3190-01-M
