Special 301 Report: Identification of Countries That Deny Adequate Protection, or Market Access, for Intellectual Property Rights Under Section 182 of the Trade Act of 1974, 25342-25343 [E7-8496]

Agencies

• Office of the United States Trade Representative
• Trade Representative, Office of United States

[Federal Register Volume 72, Number 86 (Friday, May 4, 2007)]
[Notices]
[Pages 25342-25343]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8496]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Special 301 Report: 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.

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SUMMARY: Notice is hereby given that the United States Trade 
Representative (USTR) has submitted its 2007 ``Special 301 Report,'' an 
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, 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: The 2007 Special 301 Report was released on April 30, 2007. The 
2007 Special 301 Report 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 intellectual property rights (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

[[Page 25343]]

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 affected industry groups and other private sector 
representatives, foreign governments, Congressional leaders, and 
interagency coordination within the United States Government, among 
other sources.
    The Special 301 Report is available on USTR's Web site at https://www.ustr.gov.
    Following extensive research and analysis, the USTR has designated 
43 countries in the categories of Priority Watch List, Watch List, and/
or Section 306 Monitoring status. The Report affirms the 
Administration's continuing commitment to address weak IPR protection 
and enforcement, particularly in Russia and China.
    With respect to Russia, the Special 301 Report describes the 
Bilateral Market Access Agreement between the United States and Russia, 
concluded in November 2006, which includes a letter setting out 
important commitments that will strengthen IPR protection and 
enforcement in Russia. The Report continues heightened scrutiny of 
Russia by maintaining Russia on the Priority Watch List and announcing 
plans for an Out-of-Cycle Review in 2007.
    With respect to China, the Special 301 Report describes the United 
States' plan to maintain China on the Priority Watch List, to continue 
Section 306 Monitoring, and to pursue World Trade Organization dispute 
settlement with China on a number of IPR protection and enforcement 
issues. In addition, the Report contains a section entitled ``Special 
Provincial Review of China,'' in which the Administration reports on 
IPR protection and enforcement at China's provincial level following an 
unprecedented review conducted over the past year.
    USTR again designates Paraguay for Section 306 monitoring to ensure 
its compliance with the commitments made to the United States under 
bilateral intellectual property agreements.
    In the Report, USTR also announces the placement of 12 trading 
partners on the Priority Watch List: China, Russia, Argentina, Chile, 
Egypt, India, Israel, Lebanon, Thailand, Turkey, Ukraine, and 
Venezuela. In addition, USTR places 30 trading partners on the Watch 
List: Belarus, Belize, Bolivia, Brazil, Canada, Colombia, Costa Rica, 
Dominican Republic, Ecuador, Guatemala, Hungary, Indonesia, Italy, 
Jamaica, Kuwait, Lithuania, Malaysia, Mexico, Pakistan, Peru, 
Philippines, Poland, Republic of Korea, Romania, Saudi Arabia, Taiwan, 
Tajikistan, Turkmenistan, Uzbekistan, and Vietnam. The Report announces 
that several countries are being removed from the Special 301 list 
completely: Bahamas, Bulgaria, Croatia, European Union, and Latvia. 
Finally, the Report notes that USTR will conduct Out-of-Cycle Reviews 
of Brazil, the Czech Republic, Pakistan, and Russia.

Victoria Espinel,
Assistant U.S. Trade Representative for Intellectual Property and 
Innovation.
 [FR Doc. E7-8496 Filed 5-3-07; 8:45 am]
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