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International Trade
Newsletter - February 20, 2002
 
In this Issue...
USTR Announces Results of January 2002 Special 301 "Out-Of-Cycle" Reviews of Intellectual Property Protection
 
 February 20, 2002
 

The Office of the United States Trade Representative (USTR) has announced the outcome of "out-of-cycle" reviews of the adequacy and effectiveness of intellectual property protection. In addition to its annual review on global intellectual property protection, the United States conducts "out-of-cycle" reviews when it considers that certain countries require further monitoring. Under a section of U.S. trade law called "Special 301," placement on the Watch List (WL) or Priority Watch List (PWL) indicates that a country does not provide an adequate level of protection or enforcement of intellectual property rights or market access for persons relying on intellectual property. Countries placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem area or practice. Countries pursuing the most onerous or egregious policies that have the greatest adverse impact on U.S. rights or products are designated as Priority Foreign Countries (PFC). PFCs are subject to accelerated investigations and possible sanctions. The United States has placed The Bahamas on the Watch List to express its concern for what it considers the failure of The Bahamas to live up to its commitment to amend its copyright law to remove the compulsory licensing provisions that the U.S. finds objectionable. At the same time, the USTR review encouraged U.S. copyright owners and operators of premium cable services to enter into good-faith negotiations with licensed Bahamian cable companies to provide voluntary licensing on commercial terms for the cable transmission of copyrighted works in The Bahamas. The recent decision of the Slovenian Parliament to restore protection for confidential test data submitted to obtain marketing approval for pharmaceutical products kept it off the Watch List. The Kyrgyz Republic and Georgia, which were also reviewed, will at this time not be placed on any Special 301 lists. However, the U.S. government is concerned with what it perceives as "key gaps" in the legal regimes of both countries, such as the lack of authority for customs and criminal authorities to undertake action without a right holder's complaint, as well as the lack of civil ex parte search and seizure procedures conducted without notice to the alleged infringers, and will continue monitoring the situation in these countries.