99-11425. Identification of Countries That Deny Adequate Protection, or Market Access, for Intellectual Property Rights Under Section 182 of the Trade Act of 1974

[Federal Register Volume 64, Number 87 (Thursday, May 6, 1999)]
[Notices]
[Pages 24438-24439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11425]


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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: 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: These identifications took place on April 30, 1999.

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

FOR FURTHER INFORMATION CONTACT: Claude Burcky, Director for 
Intellectual Property, [phone], Andrew Bowen, Deputy Director 
for Intellectual Property, [phone], or Geralyn S. Ritter, 
Assistant General Counsel [phone].

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, 1999, the USTR identified 53 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. In addition, China and Paraguay will be subject to 
continued monitoring under section 306 of the Trade Act.
    Sixteen trading partners were placed on the administratively-
created ``priority watch list,'' including Argentina, the Dominican 
Republic, Egypt, the European Union, Greece, Guatemala, India, 
Indonesia, Israel, Italy, Kuwait, Macao, Peru, Russia, Turkey and 
Ukraine. Of these countries, at least Israel and Kuwait will be subject 
to an interim review in 1999. Thirty-seven countries were placed on the 
special 301 ``watch list,'' including Australia, Belarus, Bolivia, 
Brazil, Canada, Chile, Colombia, Costa Rica, Czech Republic, Denmark, 
Ecuador, Hungary, Ireland, Jamaica, Japan, Jordan, Korea, Lebanon, 
Mexico, New Zealand, Oman, Pakistan, the Philippines, Poland, Qatar, 
Romania, Saudi Arabia, Singapore, South Africa, Spain, Sweden, Taiwan, 
Thailand, U.A.E. (United Arab Emirates), Uruguay, Venezuela, and 
Vietnam. Of these, at least Colombia, the Czech Republic, Korea, Poland 
and South Africa will be subject to interim reviews during the coming 
year. The USTR also announced that Malaysia and Hong Kong would be 
subject to out-of-cycle reviews in September 1999. Finally, the USTR 
announced the initiation of WTO dispute settlement cases against

[[Page 24439]]

Argentina, Canada the European Union for violations of the Agreement of 
Trade-Related Aspects of Intellectual Property Rights (TRIPS).
Claude Burcky,
Director of Intellectual Property.
[FR Doc. 99-11425 Filed 5-5-99; 8:45 am]
BILLING CODE 3190-01-M