Page:Special 301 Report 1995.pdf/6

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By end of July:

  • Argentina: To review implementation of patent issues, as well as the protection of data submitted for marketing approval against unauthorized disclosure or use in the review of other applications.

By mid-September:

  • South Africa: We seek solutions to trademark problems.

By October:

  • The United Arab Emirates: To review whether continuing progress is occurring in the UAE's fight against piracy and counterfeiting.

By mid-December:

  • Indonesia: to ensure that Indonesia is taking steps against software and book piracy.

The Administration placed 20 other countries on the "watch list" as described below.

In addition, the Administration noted growing concerns about IPR problems in five countries and highlighted developments in, and expectations for progress in six countries.

The Administration reiterates its commitment to ensure full and effective implementation of the "special 301" provisions of the Trade Act and rapid implementation of the WTO TRIPs Agreement. The Administration will continue to encourage other countries to accelerate implementation of the WTO TRIPs agreement and move to even higher levels of IPR protection. To these ends, the Administration will continue to engage countries in dialogues aimed not only at resolving the problems that brought about their inclusion on the "special 301" lists, but also seeking an improvement in the overall level of intellectual property protection.

STATUTORY AUTHORITY

The "special 301" provisions of the Trade Act of 1974, as amended, require the USTR to determine whether the acts, policies and practices of foreign countries deny adequate and effective protection of intellectual property rights or fair and equitable market access for U.S. persons who rely pn intellectual property protection. "Special 301" was amended in the Uruguay Round Agreements Act to clarify that a country can be found to deny adequate and effective intellectual property protection even if