United States Trade Representative (USTR) Section 301 Annual Reports (2001-2007)
Section 301 of 1984 Trade & Tariff Act (which amended 1974 Trade Act) gave the US President authority to deal with states that failed to provide “adequate and effective” protection for US intellectual property rights.
Under Section 301, punishment for a foreign country that fails to provide protection for US intellectual property:
US President can authorize withdrawal of trade benefits or impose duties on goods (or USTR can “self-initiate” a 301 Action without President).
Step 1: “Watch List”
Step 2: “Priority Watch List”
Step 3: “Priority Foreign Country” = Possible trade retaliation from US
Under “Special 301” enacted in 1988, USTR identifies countries that denied “adequate and effective protection” of US intellectual property or that denied “fair and equitable market access” to US intellectual property holders. Any “interested person” can file a petition asking USTR to launch Section 301 investigation and deny trade benefits to a country. Often, industry trade organizations such as the RIAA and MPAA file Special 301 Petitions and begin the process of US trade retaliation against foreign countries.
Noteworthy Early “301 Actions”:
In 1985 USTR initiated first two Section 301 Actions (against Brazil over its informatics law, and against Korea over pharmaceuticals). Korea signed a bi-lateral agreement with the US in 1986 to change its intellectual property law to appease the US.
In 1987 the USTR filed another 301 Action against Brazil over drug patents that resulted in US $39 million in tariffs imposed on Brazil in 1988. The trade sanctions on Brazil were lifted in 1990 after the Brazilian president said he would seek the IPR legislation that the United States wanted.
In 1988 the Pharmaceutical Manufacturers Association filed a Special 301 Petition against Argentina for greater monopoly rights over medicine. The petition was withdrawn after Argentina amended its patent laws to comply with the US trade organization’s wishes.
In 1991 the USTR filed a 301 Action against India, which began the process of India changing its IPR law to please US interests.
In 1994 the US imposed tariffs on China over intellectual property, but an agreement was reached between the US and China, a “Memorandum of Understanding” before the tariffs went into effect.
Its also noteworthy that nearly EVERY country in the world is on one of these USTR lists as not providing sufficient protection to US IPR interests and on the road to trade sanctions.
USTR Section
301 Annual Reports
|
COUNTRY |
YEAR |
TYPE OF WATCH |
USTR FOCUS |
TYPE OF IPR |
COMMENTS |
|
BAHAMAS |
|
|
|
|
|
|
|
2001 |
N/A |
|
|
|
|
|
2002 |
Watch List |
Cable Television |
Copyrights |
|
|
|
2003 |
Priority Watch List |
Cable Programs; Copyright
Legislation; Over-the -Air Broadcasts |
Copyrights |
|
|
|
2004 |
Priority Watch List |
Cable Programs; Motion Pictures |
Copyrights |
|
|
|
2005 |
Watch List |
Copyright Infringement of Cable Television and Motion Pictures; Absence of Implementations of the Copyright Amendments |
Copyrights |
|
|
|
2006 |
Watch List |
Cable Television |
Copyrights |
Continued failure to implement 2004 copyright amendment to agreement between US and Bahamas first reached in 2000. |
|
|
2007 |
N/A |
|
|
|
|
BELARUS |
|
|
|
|
|
|
|
2001 |
Watch List |
Not Yet a Party to the Geneva Phonograms Convention |
Copyrights |
|
|
|
2002 |
Watch List |
Sound Recordings; Transshipment
Point for Pirate Materials Throughout the Region; Optical Disk Production;
Border Enforcement |
Copyrights; Trademarks |
|
|
|
2003 |
Watch List |
|
Copyrights |
|
|
|
2004 |
Watch List |
Pre-Existing Works and Sound Recordings; Optical Media Piracy; No “ex officio” Raids of Seizures |
Copyrights |
|
|
|
2005 |
Watch List |
Inadequate Protection for Pre-Existing Works and Sound Recordings; Weak Border Protection; Illegal Optical Media Plants; Inadequate Civil and Criminal Procedures |
Copyrights |
|
|
|
2006 |
Watch List |
Enforcement; Piracy (optical media plants), |
Copyrights |
Continued failure to adhere to U.S.-Belarus Trade Agreement; No criminal code or civil law to prosecute for seized illegal products at border. |
|
|
2007 |
Watch List |
Piracy; Inadequate Copyright Laws; Inadequate Protection for Sound Recordings and Pre-existing Works; Software Piracy |
Copyrights |
|
|
BOLIVIA |
|
|
|
|
|
|
|
2001 |
Watch List |
Inadequate Laws; Pharmaceuticals;
Pirated Software |
Copyrights; Patents |
|
|
|
2002 |
Watch List |
Stalled Legislature |
Copyrights; Trademarks |
|
|
|
2003 |
Watch List |
Enforcement Sporadic and
Ineffective; Piracy of CD's, Videos and Software |
Copyrights; Trademarks |
|
|
|
2004 |
Watch List |
No “ex parte” Civil Searches; IPR Enforcement Sporadic and Ineffective; Border Enforcement Weak; Piracy of Videos, Sound Recordings and Software |
Copyrights; Trademarks |
|
|
|
2005 |
Watch List |
Border Enforcement; Music Piracy; Commercial Photocopying of Books, Unauthorized Translations of Books, Video Piracy, and Business and Entertainment Software Piracy |
Copyrights; Trademarks |
|
|
|
2006 |
Watch List |
Enforcement |
Copyrights; Trademarks |
No notable improvements. |
|
|
2007 |
Watch List |
Piracy; Counterfeiting; Inadequate Copyright Laws; Delays in Civil Enforcement |
Copyrights; Trademarks |
|
|
BULGARIA |
|
|
|
|
|
|
|
2001 |
N/A |
|
|
|
|
|
2002 |
N/A |
|
|
|
|
|
2003 |
N/A |
|
|
|
|
|
2004 |
Watch List |
Pirated Optical Disc Media; Ineffective Prosecutions and Minimal Judicial Sentences; Weak Border Enforcement; Counterfeiting of Spirits |
Copyrights; Trademarks |
|
|
|
2005 |
Watch List |
Ineffective Anti-Piracy and Anti-Counterfeiting Enforcement Efforts; Optical Disc Piracy; Pirated CDs and DVDs; Inadequate Criminal Code; Ineffective Sentences |
Copyrights; Trademarks |
|
|
|
2006 |
Watch List |
Judicial Enforcement; Patent/Trademark Infringement |
Patents; Trademarks |
In Feb. 2006 newly formed Council of I.P. Protection approved penal code criminalizing possession of counterfeited products. |
|
|
2007 |
N/A |
|
|
|
|
CANADA |
|
|
|
|
|
|
|
2001 |
Watch List |
Pharmaceuticals |
Patents |
|
|
|
2002 |
Watch List |
Pharmaceuticals; Border
Enforcement |
Patents |
|
|
|
2003 |
Watch List |
Unauthorized Patented Medicines;
Weak Border Enforcement |
Patents; Copyrights; Trademarks |
|
|
|
2004 |
Watch List |
Ratification of the WIPO Internet Treaties, and Implementation of Legislation on Patenting of Higher Life Formers; Judicial Procedures; Patented Medicines; Weak Border Enforcement |
Trademarks; Patents; Copyrights |
|
|
|
2005 |
Watch List |
Inadequate Copyright Law; Ineffective Protection of Works in Digital Environment; Stop Counterfeit and Pirated Goods Being Transshipped Through Country; Pharmaceuticals |
Copyrights; Trademarks; Patents |
|
|
|
2006 |
Watch List |
Ratification and Implementation of WIPO Internet Treaties; Border Enforcement; (Digital/Pharmaceutical) |
Copyrights; Patents |
Awaiting outcome of new government elected in early 2006 |
|
|
2007 |
Watch List |
Camcording of Films in Movie Theaters; Counterfeit and Pirated Products; Pirated and Counterfeit Products Transshipped and Transited Through Canada; Weak Border Enforcement |
Copyrights; Trademarks; Patents |
|
|
CHILE |
|
|
|
|
|
|
|
2001 |
Watch List |
Legislation not in Compliance
with TRIPS' Pending Patent Applications; Serious Piracy and Counterfeiting |
Copyrights; Patents; Trademarks |
|
|
|
2002 |
Watch List |
Delays in Court; Weak Sentences;
Pharmaceuticals |
Copyrights; Patents |
|
|
|
2003 |
Watch List |
Pharmaceuticals |
Patents |
Chile’s Congress approved in December of 2003 legislation intended to bring the country into compliance with a number of TRIPS commitments. |
|
|
2004 |
Watch List |
Digital Piracy; Pharmaceuticals |
Patents; Copyrights |
U.S.-Chile Trade Agreement entered into in January 2004. |
|
|
2005 |
Watch List |
Inadequate Deterrent Penalties; Digital Piracy; Pharmaceuticals |
Copyrights; Trademarks; Patents |
|
|
|
2006 |
Watch List |
Unfair commercial use of undisclosed tests and other data by pharmaceutical companies; Insufficient coordination between health and patent authorities; Patent-Infringing; Copyright Piracy; Trademark Counterfeiting |
Patents; Copyrights; Trademarks |
Has not fully implemented legislation to comply with U.S.-Chile Free Trade Agreement obligations |
|
|
2007 |
Priority Watch List |
Pharmaceuticals; Piracy; Counterfeiting; Digital Piracy; Ineffective Deterrent Penalties; Amendments to Legislation Needed |
Patents; Copyrights; Trademarks |
|
|
COLOMBIA |
|
|
|
|
|
|
|
2001 |
Watch List |
Inadequate Copyright Laws; Cable
Piracy; Pharmaceuticals |
Copyrights; Patents |
|
|
|
2002 |
Priority Watch List |
Pharmaceuticals; Ineffective
Copyright and Trademark Laws; Cable Piracy; Rare Prosecutions |
Copyrights; Trademarks; Patents |
|
|
|
2003 |
Watch List |
Pirated Sound Recordings; Flea
Markets; Piracy of Business Software and Videogame Software |
|
|
|
|
2004 |
Watch List |
Pharmaceutical and Agricultural Chemical Products; Piracy of Music and Motion Pictures; Photocopying Piracy; Optical Disc Piracy |
Patents; Trademarks; Copyrights |
Music piracy alone estimated at $51 million in Colombia in 2004. |
|
|
2005 |
Watch List |
Optical Disc Piracy; Illegal Photocopying of Academic Textbooks, Business Software, and Entertainment Software; Border Enforcement |
Copyrights; Trademarks |
|
|
|
2006 |
Watch List |
Enforcement; Inadequate Judicial System; Border Enforcement; Copyright Piracy; Optical disc Piracy; Business/Entertainment Software Piracy |
Copyrights; Trademarks |
U.S.-Columbia Trade Promotion Agreement concluded in Feb. 2006 |
|
|
2007 |
Watch List |
Copyright Piracy; Judicial System; Border Enforcement |
Copyrights; Trademarks |
Recently completed free trade agreement |
|
COSTA RICA |
|
|
|
|
|
|
|
2001 |
Priority Watch List |
Deficiencies in Patent Law |
Patents |
|
|
|
2002 |
Watch List |
Pirated Products |
Copyrights; Trademarks |
|
|
|
2003 |
Watch List |
Delays in Judicial Proceedings |
Copyrights; Trademarks |
|
|
|
2004 |
Watch List |
Inadequate Criminal and Civil Systems for Prosecuting IPR Infringements |
Copyrights; Trademarks |
In August 2004 Costa Rica signed the U.S.-Dominican Republic-Central American Free Trade Agreement. |
|
|
2005 |
Watch List |
Inadequate Data Protection and Patent Laws |
Copyrights, Trademarks; Patents |
|
|
|
2006 |
Watch List |
Legislation; Enforcement; Pharmaceuticals; Copyright Piracy; Trademark Counterfeiting |
Copyrights; Trademarks |
Only partner to not ratify the U.S.-Dominican Republic-Central American Free Trade Agreement |
|
|
2007 |
Watch List |
Piracy; Counterfeiting |
Copyrights; Trademarks; Patents |
Recently completed free trade agreement |
|
CROATIA |
|
|
|
|
|
|
|
2001 |
N/A |
|
|
|
|
|
2002 |
N/A |
|
|
|
|
|
2003 |
Watch List |
Delayed Judicial Decision Making;
Delays in Granting of Health Registration |
Copyrights; Patents |
|
|
|
2004 |
Watch List |
Pharmaceuticals (copycats, lengthy registration periods) |
Patents |
In February 2004 the Croatian Government ratified the 1998 U.S.-Croatia MOU concerning IPR. |
|
|
2005 |
Watch List |
Pharmaceuticals |
Patents |
|
|
|
2006 |
Watch List |
Pharmaceuticals; Border Enforcement |
Patents |
|
|
|
2007 |
N/A |
|
|
|
|
DOMINICAN REPUBLIC |
|
|
|
|
|
|
|
2001 |
Priority Watch List |
|
|
|
|
|
2002 |
Priority Watch List |
Television Piracy |
Copyrights; Trademarks; Patents |
|
|
|
2003 |
Watch List |
Television Piracy; Patent Laws |
Copyrights; Patents |
|
|
|
2004 |
Watch List |
Copyright Piracy; Patent Protection; Inadequate Judicial Remedies |
Copyrights, Patents |
Signed the U.S.-Dominican Republic-Central America Free Trade Agreement in August 2004. |
|
|
2005 |
Watch List |
Broadcast Piracy; Ineffective Prosecutions |
Copyrights; Trademarks |
|
|
|
2006 |
Watch List |
Enforcement; Pharmaceuticals; Broadcast Piracy |
Copyrights; Trademarks |
Steps taken in Jan. of 2006 to ratify WIPO Internet Treaties |
|
|
2007 |
Watch List |
High Levels of Piracy and Counterfeiting |
Copyrights; Trademarks |
Recently completed free trade agreement |
|
ECUADOR |
|
|
|
|
|
|
|
2001 |
N/A |
|
|
|
|
|
2002 |
N/A |
|
|
|
|
|
2003 |
Watch List |
Medicine Patents; Piracy of
Educational Software |
Copyrights; Patents |
|
|
|
2004 |
Watch List |
Pharmaceuticals; Piracy of Sound Recordings, Computer Software, and Motion Pictures; Counterfeiting Brand Name Apparel; Courts Unwilling to Enforce Laws |
Patents, Copyrights; Trademarks |
|
|
|
2005 |
Watch List |
Sound Recordings; Computer Software; Illegal Commercial Photocopying of Books; Border Enforcement; Pharmaceutical and Agricultural Chemical Products; Limited Government Resources Dedicated to Anti-Piracy and Anti-Counterfeiting Activities |
Trademarks, Copyrights; Patents |
|
|
|
2006 |
Watch List |
Judicial Enforcement; Music Piracy; Pharmaceuticals; Business Software Piracy |
Copyrights, Trademarks; Patents |
Still no specialized IP court |
|
|
2007 |
Watch List |
Piracy; No Specialized IPR Court; Pharmaceuticals |
Copyrights; Patents |
|
|
EUROPEAN UNION |
|
|
|
|
|
|
|
2001 |
Priority Watch List |
Protection of Geographical
Indications for Agricultural Products and Foodstuffs |
Patents; Copyrights |
|
|
|
2002 |
Priority Watch List |
Protection of Geographical
Indications for Agricultural Products and Foodstuffs |
Patents; Copyrights |
|
|
|
2003 |
Priority Watch List |
|
Patents; Copyrights |
|
|
|
2004 |
Priority Watch List |
Geographical Indications for Agricultural Products and Foodstuffs; Lack of Full Implementation of the EU Biotechnology Directive |
Patents; Copyrights |
|
|
|
2005 |
Watch List |
Lack of Full Implementation of the EU Biotech Directive |
|
WTO dispute panel found that the EU GI Regulation impermissibly discriminates against U.S. products and producers in April of 2005. |
|
|
2006 |
Watch List |
Geographical Indications |
Trademarks |
|
|
|
2007 |
N/A |
|
|
|
|
GUATEMALA |
|
|
|
|
|
|
|
2001 |
Watch List |
Inadequate Laws |
Copyrights; Patents; Trademarks |
|
|
|
2002 |
Watch List |
Business Software |
Copyrights |
|
|
|
2003 |
Watch List |
Pharmaceutical and Agricultural
Patents; Decreased Criminal Penalties |
Patents; Copyrights |
|
|
|
2004 |
Watch List |
New Legislation |
Patents |
Legislation Introduced in April 2004 that would revoke data exclusivity. |
|
|
2005 |
Watch List |
High Levels of Piracy and Counterfeiting; Pharmaceuticals and Agricultural Products |
Trademarks; Copyrights; Patents |
|
|
|
2006 |
Watch List |
Stronger Legislation; Enforcement; Pharmaceutical & Agricultural Chemical Companies Products |
|
|
|
|
2007 |
Watch List |
Piracy; Counterfeiting; Pharmaceuticals |
Patents; Copyrights; Trademarks |
Recently completed free trade agreement |
|
HUNGARY |
|
|
|
|
|
|
|
2001 |
Priority Watch List |
Pharmaceuticals; Ineffective
Prosecutors and Judicial Authorities |
Patents |
|
|
|
2002 |
Priority Watch List |
Pharmaceuticals |
Patents |
|
|
|
2003 |
Watch List |
Piracy |
Copyrights; Patents |
|
|
|
2004 |
Watch List |
Data Exclusivity Law; Patent Infringement; Piracy of Optical and Auditory Media |
Copyrights; Patents |
|
|
|
2005 |
Watch List |
Prosecutorial Delays; Low Fines; Weak Sentences; Weak Border Enforcement; Piracy of Sound Recordings and Motion Pictures; Unauthorized Optical Disc Plants; Business and Entertainment Software Piracy; Photocopying of Books; Pharmaceuticals |
Trademarks; Copyrights; Patents |
|
|
|
2006 |
Watch List |
Judicial Enforcement; Border Enforcement; Pharmaceuticals; Copyright Piracy (via internet); |
Copyrights; Patents |
Formed Inter-Ministerial Task Force |
|
|
2007 |
Watch List |
Piracy; Internet Piracy; Prosecutorial Delays; Judicial Imposition; Weak Border Enforcement; Pharmaceuticals |
Patents; Copyrights; Trademarks |
|
|
ITALY |
|
|
|
|
|
|
|
2001 |
Watch List |
Pirating of Video Products, Sound
Recordings, Computer Software, Books, and Video Games; Counterfeiting of
Trademarked Apparel |
Copyrights; Trademarks |
|
|
|
2002 |
Watch List |
Business Software |
Copyrights; Trademarks |
|
|
|
2003 |
Watch List |
Piracy of Business Applications
Software; Pharmaceuticals |
Copyrights; Patents |
|
|
|
2004 |
Watch List |
Business Software; Ineffective Judicial System; Pharmaceuticals |
Copyrights; Trademarks; Patents |
|
|
|
2005 |
Watch List |
Business and Entertainment Software Piracy; Motion Picture, Music and Book Piracy; Inadequate Anti-Piracy Legislation |
Copyrights; Trademarks |
|
|
|
2006 |
Watch List |
Judicial Enforcement; Copyright Piracy on the Internet; Copyright & Trademark Infringement |
Copyrights; Trademarks |
|
|
|
2007 |
Watch List |
Judicial Imposition; Internet Piracy |
Copyrights; Trademarks; Patents |
|
|
JAMAICA |
|
|
|
|
|
|
|
2001 |
Watch List |
Lacks Patent; Industrial Design,
Geographical Indication of Plant Variety Legislation Consistent with TRIPS |
Patents; Copyrights |
|
|
|
2002 |
Watch List |
Patent, Industrial Design and
Plant Variety Laws |
Patents; Copyrights |
|
|
|
2003 |
Watch List |
Pharmaceuticals |
Patents |
|
|
|
2004 |
Watch List |
Failure to Enact the Patents and Designs Act |
Patents |
|
|
|
2005 |
Watch List |
Patent Laws |
Patents |
|
|
|
2006 |
Watch List |
Inadequate Patent Laws |
Patents |
|
|
|
2007 |
Watch List |
Delay in Enacting the Patents and Designs Act; Patent Law |
Patents |
|
|
KUWAIT |
|
|
|
|
|
|
|
2001 |
Watch List |
Piracy of Computer Software |
Copyrights |
|
|
|
2002 |
Watch List |
Lack of Deterrent Penalties;
Copyright Laws |
Copyrights |
|
|
|
2003 |
Watch List |
Piracy |
Copyrights |
|
|
|
2004 |
Priority Watch List |
Inadequate Copyright Law; Insufficient Penalties; Optical disc Piracy; Cable Piracy |
Copyrights |
Kuwait Custom’s creation of a special IPR unit of April 2004. U.S.-Kuwait Trade and Investment Framework Agreement signed in February of 2004. |
|
|
2005 |
Priority Watch List |
Copyright Piracy, Inadequate Copyright Laws, Retail Optical Disc Piracy, Software, Cable, Internet Piracy |
Copyrights |
|
|
|
2006 |
Watch List |
Implementation of IPR Legislation; Copyrights; Trademarks; Geographical Indications; Patents; Data Protection; Retail Optical Disk Piracy; Business Software Piracy; Cable Piracy; Internet Piracy |
Copyrights; Trademarks |
New IPR committee formed (includes Ministries of Justice, Interior, Information, and Commerce and Industry) |
|
|
2007 |
Watch List |
Street Vendors; Pirate Cable Operators |
Copyrights; Trademarks |
|
|
LATVIA |
|
|
|
|
|
|
|
2001 |
Watch List |
Pirated Products are Transshipped
Through Latvia from Russia and Ukraine; Poor on the Ground Enforcement; Border
Control |
Copyrights; Trademarks |
|
|
|
2002 |
Watch List |
Piracy of Optical Media |
Copyrights |
|
|
|
2003 |
Watch List |
Piracy of Optical Media Products;
Transshipment Point fro Russia and Ukraine |
Copyrights |
|
|
|
2004 |
Watch List |
Transshipment Point for Russia; Piracy of Motion Pictures, Records, Music and Entertainment; Internet Piracy |
Copyrights |
|
|
|
2005 |
Watch List |
Transshipment Market for Pirated Goods; Pirated Motion Pictures, Records, Music, Entertainment Software and Video Games; Border Enforcement |
Trademarks; Copyrights |
|
|
|
2006 |
Watch List |
Stronger Penalties for IPR Infringers; Border Enforcement; Internet Copyright Piracy |
Copyrights; Trademarks |
|
|
|
2007 |
N/A |
|
|
|
|
LITHUANIA |
|
|
|
|
|
|
|
2001 |
Watch List |
Piracy of Optical Media; Major
Transshipment Country; Pharmaceuticals |
Copyrights; Patents |
|
|
|
2002 |
Watch List |
Transshipment Point |
Copyrights |
|
|
|
2003 |
Watch List |
Major Transshipment Country for
Pirated Optical Media Goods in the East and Consumers in the West |
Copyrights; Trademarks |
|
|
|
2004 |
Watch List |
Optical Media Piracy; Transshipment Point in the Baltic Region (eastern borders a problem); Pirated Music CDs , Audiocassettes, CD-ROMS, DVDs and Videogames |
Copyrights; Trademarks |
|
|
|
2005 |
Watch List |
Optical Media Piracy; A Transshipment Point; Lack of Deterrent Sentences; Border Enforcement; Internet Piracy; Music; Entertainment and Business Software Piracy; Cable Piracy; Inadequate Copyright Laws |
Copyrights; Trademarks |
|
|
|
2006 |
Watch List |
Border Enforcement (transshipment problems); Internet Copyright Piracy (optical media) |
Copyrights; Trademarks |
|
|
|
2007 |
Watch List |
Border Enforcement; Point for Transshipment of Pirated Optical Media for Baltic Region |
Copyrights; Trademarks |
|
|
MALAYSIA |
|
|
|
|
|
|
|
2001 |
Priority Watch List |
Optical Disk Piracy; No Criminal
Prosecutions |
Copyrights |
|
|
|
2002 |
Watch List |
Optical Media Piracy; Infrequent
Police Raids; Lack of Criminal Sentences |
Copyrights; Trademarks |
|
|
|
2003 |
Watch List |
Optical Media Piracy (music,
entertainment, business software); Counterfeiting of Office Machines and
Apparel; Slow Judicial Process |
Copyrights; Trademarks |
|
|
|
2004 |
Watch List |
Entertainment Software Piracy; Optical Media Piracy; Book Piracy; Few Prosecutions; Pharmaceuticals |
Copyrights; Trademarks; Patents |
US copyright industry estimated loss of $188 million due to Malaysia in 2004. |
|
|
2005 |
Watch List |
Optical Media; Pharmaceutical and Agricultural Chemical Products; Weak Enforcement; Piracy of Apparel, Luxury Goods, Tobacco, Mobile Phone Batteries, and Toys |
Trademarks; Copyrights; Patents |
|
|
|
2006 |
Watch List |
Licensed & Unlicensed Optical Disc Plants Producing Pirated Products; Internet Piracy & Counterfeiting; Pharmaceuticals |
Trademarks; Copyrights |
Deficiencies exist in current copyright laws complicating implementation of WIPO Internet Treaties |
|
|
2007 |
Watch List |
Pharmaceuticals |
Patents |
|
|
MEXICO |
|
|
|
|
|
|
|
2001 |
N/A |
|
|
|
|
|
2002 |
N/A |
|
|
|
|
|
2003 |
Watch List |
Lack of Coordination Between
Mexican Health Officials and IMPI; Few Prosecutions and Fewer Convictions |
Copyrights; Trademarks; Patents |
Estimated $712 million loss to U.S. copyrights industry in 2003. |
|
|
2004 |
Watch List |
Piracy of Sound Recordings and Motion Pictures; Lack of Deterrent Penalties; Failure to Destroy Seized Products |
Copyrights; Trademarks |
Estimated $870 million loss to U.S. copyright industry in 2004. |
|
|
2005 |
Watch List |
Pharmaceuticals; Pirated Sound Recordings and Motion Pictures; Weak Enforcement |
Patents; Trademarks, Copyrights |
|
|
|
2006 |
Watch List |
Pharmaceuticals; Prosecutions & Penalties |
Patents; Copyrights |
Recent formation of specialized IPR customs unit. |
|
|
2007 |
Watch List |
Courts do not Impose Convictions and Deterrent Sentences for Pirates and Counterfeiters; Pharmaceuticals |
Patents; Copyrights; Trademarks |
|
|
PAKISTAN |
|
|
|
|
|
|
|
2001 |
Watch List |
Piracy of Optical Media; Book
Piracy; Refusal of Courts to Issue Ex Parte Search Orders; Piracy of Business
Software; Delayed Court Proceedings and Non-Deterrent Penalties |
Trademarks; Copyrights |
|
|
|
2002 |
Watch List |
Piracy of CDS and Optical Media;
Book Piracy |
Trademarks; Copyrights |
|
|
|
2003 |
Watch List |
Optical Media Piracy |
Trademarks; Copyrights |
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2004 |
Priority Watch List |
Pirated Optical Media of Copyrighted Sound Recordings, Motion Pictures, Business Software, and Published Materials; Counterfeiting of Apparel; Pharmaceuticals; Book Piracy; Overall Lax Enforcement |
Trademarks; Copyrights; Patents |
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2005 |
Priority Watch List |
Inadequate Copyright Protection; Ineffective Criminal Penalties; Piracy and Counterfeiting of Optical Media, Apparel, Pharmaceuticals and Agricultural Products |
Copyrights, Trademarks; Patents |
“Pakistan is one of the world’s leading producers/exporters of pirated optical media of copyrighted sound recordings, motions pictures, business software, and published materials.” |
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2006 |
Watch List |
Piracy; Pharmaceuticals |
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Recent establishment of Intellectual Property Organization of Pakistan. |
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2007 |
Watch List |
Pharmaceuticals |
Patents |
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PERU |
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2001 |
Watch List |
Second Use Patents |
Patents |
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2002 |
Watch List |
Piracy of Sound Recordings; Inadequate Enforcement |
Copyrights; Patents |
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2003 |
Watch List |
Piracy of Sound Recordings; Few
Prosecutions and Deterrent Sentences; Pharmaceutical and Agricultural Chemical
Products |
Copyrights; Patents |
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2004 |
Watch List |
Pharmaceutical and Agricultural Chemical Products; Piracy of Sound Recordings, Textbooks, Books, Motion Pictures and Software; Optical Media Piracy |
Patents; Trademarks; Copyrights |
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2005 |
Watch List |
Pharmaceutical and Agricultural Products; Sound Recordings; Optical Discs; Weak Border Enforcement |
Patents; Copyrights; Trademarks |
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2006 |
Watch List |
Border Enforcement; Piracy of Sound Recordings & Business Software; Ineffective Coordination System Between Health and Patent Authorities; Pharmaceuticals |
Copyrights; Patents |
In April of 2006 U.S.-Peru Trade Promotion Agreement signed. |
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2007 |
Watch List |
Piracy Levels High; Inadequate Deterrent Sentences |
Copyrights; Trademarks |
Recently completed free trade agreement |
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PHILIPPINES |
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2001 |
Priority Watch List |
Weak Copyright Enforcement;
Piracy of Compact Disks and Other Optical Media; Cable Piracy; Piracy of
Textbooks; No Civil Ex Parte Searches |
Copyrights; Patents |
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2002 |
Priority Watch List |
Optical Disk Piracy |
Copyrights; Patents |
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2003 |
Priority Watch List |
Optical Media Piracy; Piracy of Books, Cable Television,
and Software Especially by end-users; Counterfeit Pharmaceuticals; Lack of
Optical Media Legislation |
Copyrights; Patents |
Bureau of Customs created a permanent OPR unit in September 2003 to investigate all shipments of counterfeit and pirated goods. |
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2004 |
Priority Watch List |
Pirated Optical Discs of Cinematographic and Musical Works, Computer Games, and Business Software; Motion Picture and Cable Piracy; Pharmaceutical and Agricultural Chemical Products |
Copyrights; Trademarks; Patents |
Passage of Optical Media Act in February of 2004. Single seizure of optical discs, worth of which was $8 million, in December of 2004. |
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2005 |
Priority Watch List |
Book Piracy; Pirated Optical Media; Software Piracy; Non-Deterrent Sentences; Lack of Border Enforcement; Ineffective Judicial System |
Copyrights, Trademarks |
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2006 |
Watch List |
Continued Enforcement of Optical Media Act; Copying of Textbooks; Customs Enforcement; Theft by Pirate Cable TV Operators; Implementation of WIPO Internet Treaties; Internet Piracy; Counterfeit Pharmaceuticals |
All |
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2007 |
Watch List |
Optical Disc Plants; Textbook Copying; Pirate Cable TV Operators; Internet Piracy |
Copyrights; Trademarks |
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POLAND |
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2001 |
Watch List |
Warsaw Stadium Problems;
Pharmaceuticals |
Copyrights; Trademarks; Patents |
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2002 |
Watch List |
Warsaw Stadium Problems |
Copyrights; Trademarks |
Anti-Piracy Crusade Initiated |
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2003 |
Priority Watch List |
Lack of Political Will to Shut
Down the Open Air Market Inside the Warsaw Stadium Which is Awash in Pirated
Optical Media Products and Counterfeit Goods; Porous Borders; Pharmaceuticals |
Copyrights; Trademarks; Patents |
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2004 |
Watch List |
Pharmaceuticals; Inadequate Patent Law; Weak Border Protection (primarily from Russia and Ukraine); Pirated Optical Discs; Weak Judicial System (untrained judges) |
Patents; Copyrights; Trademarks |
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2005 |
Watch List |
Pharmaceuticals; Optical Disc Media; Sound Recordings, Audiovisual Products, Video Games and Business Software Applications; Internet Piracy |
Trademarks, Patents, Copyrights |
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2006 |
Watch List |
Lack of Judicial Enforcement & Sentences; Border Enforcement; Pharmaceuticals; Internet Piracy; Counterfeiting |
Copyrights; Trademarks |
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2007 |
N/A |
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REPUBLIC OF KOREA |
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2001 |
Priority Watch List |
Piracy of Educational Books;
Copyright Laws; Software Piracy |
Copyrights |
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2002 |
Watch List |
Software Piracy; Pharmaceuticals |
Copyrights; Patents |
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2003 |
Watch List |
Lack of Full Retroactive Protection for Pre-Existing
Copyrighted Works |
Copyrights; Trademarks |
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2004 |
Priority Watch List |
Sound Recordings; Digital Piracy; Online Music Piracy; Book Piracy; Street Vendors; Pharmaceuticals |
Copyrights; Trademarks; Patents |
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2005 |
Watch List |
Temporary Copies; Piracy of DVDs, Computer Software, University Textbooks; Street Vendors; Pharmaceuticals |
Trademarks; Copyrights; Patents |
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2006 |
Watch List |
Strengthen Relevant Provisions of its Copyright Act and Computer Programs Protection Act; Clarify Scope of Their Private Copy Exception; Extend Term of Copyright Protection for Works and Sound Recordings; Pharmaceuticals |
Piracy of DVDs, Computer Software & Books; Patents |
Establishment of Copyright Protection Center & Standing Inspection Team |
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2007 |
Watch List |
Piracy; Counterfeiting |
Patents; Copyrights; Trademarks |
Recently completed free trade agreement |
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ROMANIA |
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2001 |
Watch List |
Piracy of Sound Recordings
(video, broadcast television, and cable television); Piracy of Business and
Entertainment Software |
Copyrights |
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2002 |
Watch List |
Sound Recordings; Audiovisual
Products (videos, broadcast television, cable television); Computer Software |
Copyrights |
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2003 |
Watch List |
Poor Border Enforcement; Lack of
Resources |
Copyrights |
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2004 |
Watch List |
Optical Disc Piracy; Border Enforcement; Rare Prosecutions; Lack of Deterrent Penalties; Lack of Effective Legislation |
Copyrights; Trademarks; Patents |
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2005 |
Watch List |
Judicial Enforcement |
Copyrights; Trademarks |
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2006 |
Watch List |
Judicial Enforcement; Piracy of Business Software, Music and Entertainment Software |
Copyrights; Trademarks |
General Prosecutor’s Office of the Supreme Court designated as the national coordinator for IPR enforcement; Requirement of Source Identification Codes for optical disc manufacturing |
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2007 |
Watch List |
Internet Piracy; Weak Enforcement |
Copyrights |
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SAUDI ARABIA |
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2001 |
Watch List |
Pharmaceuticals; Laws not in
Conformity with TRIPS |
Patents; Copyrights |
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2002 |
Watch List |
Lack of Judicial Enforcement;
Lack of Deterrent Penalties |
Copyrights; Trademarks |
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2003 |
Watch List |
Lack of Deterrent Sentences;
Inadequate Judicial System |
Copyrights; Patents; Trademarks |
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2004 |
Watch List |
Piracy of Sound Recordings; Inadequate “ex parte” Civil Search Orders; Lack of Deterrent Penalties; Piracy of Optical Discs, Books, Television and Software; Pharmaceuticals |
Copyrights; Patents |
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2005 |
Watch List |
Destruction of Seized Goods; Enforcement; Deterrent Sentences |
Copyrights; Trademarks |
Entry into WTO. Seized 1.2 million audio-visual materials in March 2005. |
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2006 |
Watch List |
Enforcement (border); Judicial Enforcement |
Copyrights; Trademarks |
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2007 |
Watch List |
Piracy; Counterfeiting |
Copyrights; Trademarks |
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TAIWAN |
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2001 |
Priority Watch List |
Optical Media Piracy; Copyright
Laws out of Compliance with TRIPS; Counterfeiting of Spare Auto Parts |
Copyrights; Trademarks |
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2002 |
Priority Watch List |
Optical Media Piracy |
Copyrights; Trademarks |
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2003 |
Priority Watch List |
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Copyrights; Trademarks |
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2004 |
Priority Watch List |
Small Custom Optical Media Burning Operations; Border Enforcement; Pharmaceutical and Agricultural Products |
Trademarks; Copyrights; Patents |
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2005 |
Watch List |
Internet Piracy; Judicial Reforms; Copying of Textbooks; Cable Piracy; Pharmaceuticals; Business Software |
Patents; Trademarks; Copyrights |
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2006 |
Watch List |
Border Enforcement; Legislative amendments to Address ISP Liabilities; Stronger Criminal Penalties; Copyrights (sound recordings) |
Copyrights; Trademarks |
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2007 |
Watch List |
Counterfeiting; Internet Piracy (especially on TANet); Inadequate Legislation; Weak Criminal Penalties |
Copyrights; Trademarks |
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TAJIKISTAN |
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2001 |
Watch List |
Not Yet a Party to the Geneva
Phonograms Convention; Piracy of Sound Recordings |
Copyrights |
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2002 |
Watch List |
Sound Recordings |
Copyrights |
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2003 |
Watch List |
Not Yet a Party to the Geneva
Phonograms Convention; Piracy of Sound Recordings; No Criminal Penalties |
Copyrights |
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2004 |
Watch List |
Piracy of Sound Recordings; No Criminal Penalties |
Copyrights |
Trade and Investment Framework Agreement signed |
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2005 |
Watch List |
Weak Enforcement; No Criminal Penalties |
Copyrights; Trademarks |
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2006 |
Watch List |
Legal Reforms, Enforcement; Lack of Criminal Penalties |
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2007 |
Watch List |
Has not yet Fulfilled its IPR Obligations under the U.S.-Tajikistan Bilateral Agreement; Lacks Criminal Penalties; Needs Legal Reforms; Copyright Law does not Provide Protection for Sound Recordings or Pre-existing Works |
Copyrights; Trademarks |
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THAILAND |
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2001 |
Watch List |
Piracy of Business Software and
Media Piracy |
Copyrights |
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2002 |
Watch List |
Optical Disk Piracy; End-User
Piracy of Business Software; Judicial Delays; Lack of Deterrent Sentences |
Copyrights; Trademarks |
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2003 |
Watch List |
Optical Media Piracy, Business
and Entertainment Piracy; Cable Piracy |
Copyrights |
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2004 |
Watch List |
Optical Media Piracy; Enforcement Remains Uncoordinated and Sporadic; Piracy of Optical Disc Video Games, Clothing/Apparel, Watches, Leather Goods, Jewelry, Lighters; Auto Parts, Mobile Phone Accessories, Batteries, and Wine; Book Piracy; Broadcast Piracy |
Copyrights; Trademarks |
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