Identification of Countries That Deny Adequate Protection, or Market Access, for Intellectual Property Rights Under Section 182 of the Trade Act of 1974, 26786 [E6-6926]
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Federal Register / Vol. 71, No. 88 / Monday, May 8, 2006 / Notices
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[FR Doc. E6–6914 Filed 5–5–06; 8:45 am]
BILLING CODE 7590–01–P
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
Office of the United States
Trade Representative.
ACTION: Notice.
wwhite on PROD1PC61 with NOTICES
AGENCY:
SUMMARY: Notice is hereby given that
the United States Trade Representative
(USTR) has submitted its annual report
on the identification of 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, to the Committee on
Finance of the United States Senate and
the Committee on Ways and Means of
the United States House of
Representatives, pursuant to section 182
of the Trade Act of 1974, as amended
(the Trade Act) (19 U.S.C. 2242).
DATES: This report was submitted on
April 28, 2006 and is available on
USTR’s Web site at https://www.ustr.gov.
ADDRESSES: Office of the United States
Trade Representative, 600 17th Street,
NW., Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT:
Jennifer Choe Groves, Director for
Intellectual Property and Chair of the
Special 301 Committee at (202) 395–
4510.
SUPPLEMENTARY INFORMATION: Pursuant
to Section 182 of the Trade Act of 1974,
as amended by the Omnibus Trade and
VerDate Aug<31>2005
16:05 May 05, 2006
Jkt 208001
Competitiveness Act of 1988 and the
Uruguay Round Agreements Act
(enacted in 1994), under Special 301
provisions, USTR must identify those
countries that deny adequate and
effective protection for IPR or deny fair
and equitable market access for persons
that rely on intellectual property
protection. Countries that have the most
onerous or egregious acts, policies, or
practices and whose acts, policies, or
practices have the greatest adverse
impact (actual or potential) on the
relevant U.S. products must be
designated as ‘‘Priority Foreign
Countries.’’
Priority Foreign Countries are
potentially subject to an investigation
under the section 301 provisions of the
Trade Act of 1974. USTR may not
designate a country as a Priority Foreign
Country if it is entering into good faith
negotiations or making significant
progress in bilateral or multilateral
negotiations to provide adequate and
effective protection of IPR.
USTR must decide whether to
identify countries within 30 days after
issuance of the annual National Trade
Estimate Report. In addition, USTR may
identify a trading partner as a Priority
Foreign Country or remove such
identification whenever warranted.
USTR has created a ‘‘Priority Watch
List’’ and ‘‘Watch List’’ under Special
301 provisions. Placement of a trading
partner on the Priority Watch List or
Watch List indicates that particular
problems exist in that country with
respect to IPR protection, enforcement,
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 areas.
Additionally, under section 306,
USTR monitors a country’s compliance
with bilateral intellectual property
agreements that are the basis for
resolving an investigation under Section
301. USTR may apply sanctions if a
country fails to satisfactorily implement
an agreement.
The interagency Trade Policy Staff
Committee that advises USTR on the
implementation of Special 301 obtains
information from and holds
consultations with the private sector,
U.S. embassies, the United States’
trading partners, the U.S. Congress, and
the National Trade Estimate Report,
among other sources.
The Special 301 Report is available on
USTR’s Web site at https://www.ustr.gov.
On April 28, 2006, USTR identified
48 trading partners that deny adequate
and effective protection of intellectual
property or deny fair and equitable
market access to United States persons
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
that rely upon intellectual property
protection.
USTR announced that China and
Russia remain significant concerns.
China is a top IPR enforcement priority;
USTR will maintain heightened scrutiny
of China, will step up consideration of
its WTO dispute settlement options, and
will scrutinize IPR protection and
enforcement at China’s provincial level
by conducting a special provincial
review in the coming year. The China
section of the report recognizes China’s
efforts to address IPR problems but
concludes that IPR infringements
throughout China remain at
unacceptable levels.
The Russia section of the report notes
that although Russia has taken some
steps to curb pirate production of
optical discs in factories, particularly
those located on government-owned
property, high levels of IPR
infringement remain, particularly
infringements connected with Russiabased optical disc plants and Web sites.
USTR again designated Paraguay for
section 306 monitoring to ensure its
compliance with the commitments
made to the United States under
bilateral intellectual property
agreements.
USTR also announced the placement
of 13 trading partners on the Priority
Watch List: China, Russia, Argentina,
Belize, Brazil, Egypt, India, Indonesia,
Israel, Lebanon, Turkey, Ukraine, and
Venezuela. In addition, USTR placed 34
trading partners on the Watch List:
Bahamas, Belarus, Bolivia, Bulgaria,
Canada, Chile, Colombia, Costa Rica,
Croatia, Dominican Republic, Ecuador,
European Union, Guatemala, Hungary,
Italy, Jamaica, Kuwait, Latvia,
Lithuania, Malaysia, Mexico, Pakistan,
Peru, Philippines, Poland, Republic of
Korea, Romania, Saudi Arabia, Taiwan,
Tajikistan, Thailand, Turkmenistan,
Uzbekistan, and Vietnam.
USTR will conduct out-of-cycle
reviews of Canada, Chile, Indonesia,
Latvia, and Saudi Arabia.
Victoria Espinel,
Assistant U.S. Trade Representative for
Intellectual Property.
[FR Doc. E6–6926 Filed 5–5–06; 8:45 am]
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[Federal Register Volume 71, Number 88 (Monday, May 8, 2006)]
[Notices]
[Page 26786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6926]
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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: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the United States Trade
Representative (USTR) has submitted its annual report on the
identification of 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, to the Committee on
Finance of the United States Senate and the Committee on Ways and Means
of the United States House of Representatives, pursuant to section 182
of the Trade Act of 1974, as amended (the Trade Act) (19 U.S.C. 2242).
DATES: This report was submitted on April 28, 2006 and is available on
USTR's Web site at https://www.ustr.gov.
ADDRESSES: Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT: Jennifer Choe Groves, Director for
Intellectual Property and Chair of the Special 301 Committee at (202)
395-4510.
SUPPLEMENTARY INFORMATION: Pursuant to Section 182 of the Trade Act of
1974, as amended by the Omnibus Trade and Competitiveness Act of 1988
and the Uruguay Round Agreements Act (enacted in 1994), under Special
301 provisions, USTR must identify those countries that deny adequate
and effective protection for IPR or deny fair and equitable market
access for persons that rely on intellectual property protection.
Countries that have the most onerous or egregious acts, policies, or
practices and whose acts, policies, or practices have the greatest
adverse impact (actual or potential) on the relevant U.S. products must
be designated as ``Priority Foreign Countries.''
Priority Foreign Countries are potentially subject to an
investigation under the section 301 provisions of the Trade Act of
1974. USTR may not designate a country as a Priority Foreign Country if
it is entering into good faith negotiations or making significant
progress in bilateral or multilateral negotiations to provide adequate
and effective protection of IPR.
USTR must decide whether to identify countries within 30 days after
issuance of the annual National Trade Estimate Report. In addition,
USTR may identify a trading partner as a Priority Foreign Country or
remove such identification whenever warranted.
USTR has created a ``Priority Watch List'' and ``Watch List'' under
Special 301 provisions. Placement of a trading partner on the Priority
Watch List or Watch List indicates that particular problems exist in
that country with respect to IPR protection, enforcement, 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 areas.
Additionally, under section 306, USTR monitors a country's
compliance with bilateral intellectual property agreements that are the
basis for resolving an investigation under Section 301. USTR may apply
sanctions if a country fails to satisfactorily implement an agreement.
The interagency Trade Policy Staff Committee that advises USTR on
the implementation of Special 301 obtains information from and holds
consultations with the private sector, U.S. embassies, the United
States' trading partners, the U.S. Congress, and the National Trade
Estimate Report, among other sources.
The Special 301 Report is available on USTR's Web site at https://
www.ustr.gov.
On April 28, 2006, USTR identified 48 trading partners that deny
adequate and effective protection of intellectual property or deny fair
and equitable market access to United States persons that rely upon
intellectual property protection.
USTR announced that China and Russia remain significant concerns.
China is a top IPR enforcement priority; USTR will maintain heightened
scrutiny of China, will step up consideration of its WTO dispute
settlement options, and will scrutinize IPR protection and enforcement
at China's provincial level by conducting a special provincial review
in the coming year. The China section of the report recognizes China's
efforts to address IPR problems but concludes that IPR infringements
throughout China remain at unacceptable levels.
The Russia section of the report notes that although Russia has
taken some steps to curb pirate production of optical discs in
factories, particularly those located on government-owned property,
high levels of IPR infringement remain, particularly infringements
connected with Russia-based optical disc plants and Web sites.
USTR again designated Paraguay for section 306 monitoring to ensure
its compliance with the commitments made to the United States under
bilateral intellectual property agreements.
USTR also announced the placement of 13 trading partners on the
Priority Watch List: China, Russia, Argentina, Belize, Brazil, Egypt,
India, Indonesia, Israel, Lebanon, Turkey, Ukraine, and Venezuela. In
addition, USTR placed 34 trading partners on the Watch List: Bahamas,
Belarus, Bolivia, Bulgaria, Canada, Chile, Colombia, Costa Rica,
Croatia, Dominican Republic, Ecuador, European Union, Guatemala,
Hungary, Italy, Jamaica, Kuwait, Latvia, Lithuania, Malaysia, Mexico,
Pakistan, Peru, Philippines, Poland, Republic of Korea, Romania, Saudi
Arabia, Taiwan, Tajikistan, Thailand, Turkmenistan, Uzbekistan, and
Vietnam.
USTR will conduct out-of-cycle reviews of Canada, Chile, Indonesia,
Latvia, and Saudi Arabia.
Victoria Espinel,
Assistant U.S. Trade Representative for Intellectual Property.
[FR Doc. E6-6926 Filed 5-5-06; 8:45 am]
BILLING CODE 3190-W6-P