Page:Special 301 Report 1996.pdf/18

From Wikisource
Jump to navigation Jump to search
This page has been validated.

18

Kong Government to act decisively against the retailers, wholesalers and investors who have made Hong Kong a center for pirated goods. USTR will review Hong Kong's performance in six months to determine whether Hong Kong's status on Special 301 should be modified or terminated.

Ireland's patent law is not in conformity with the patent compulsory licensing provisions of the TRIPs Agreement. The law appears to violate the discrimination and "working requirement" limitations under Article 27.1 of the TRIPs Agreement and the limitations on the grant of compulsory licenses under Article 31 of the TRIPs Agreement. The Administration expects that Ireland will comply promptly with its TRIPs obligations.

Israel has an inadequate copyright law which, combined with poor enforcement, has led to widespread cable and software piracy. The Administration seeks revision of the copyright law and improved enforcement and passage of a law governing licensing of satellite signals by cable operators. The Administration remains concerned about the potential passage of troubling modifications to Israel's patent law.

Jordan's 1992 copyright law is cumbersome and falls far short of international standards in most respects. Jordan intends to revise its copyright law as part of its economic liberalization program and accession to the WTO. The inadequacies of the patent law, which dates from 1953, have led to a growing problem of patent infringement for pharmaceuticals which are manufactured for both domestic and export markets. Trademark protection is unavailable absent extreme vigilance by U.S. rights holders and revisions in the law are necessary to expand the definition of "trademark" to include services and goods.

Mexico is experiencing significant problems with copyright piracy and, to a lesser extent, trademark counterfeiting. As a result, a bilateral working group on intellectual property has been established which has already begun to make progress. The Administration looks for increased efforts by the Government of Mexico to amend its copyright law and to improve copyright and trademark enforcement.

Panama has become a major transshipment and assembly point for pirated and counterfeited products. The Government of Panama has only recently begun to enforce its customs and IPR laws, particularly in the Colon Free Zone, where most of this activity occurs. The United States welcomes the recent passage of Panama's new industrial property law and looks to Panama to continue improving its intellectual property laws and their enforcement, particularly in the context of its WTO accession.

Portugal: Portuguese patent law does not comport with the TRIPs requirement that the term of a patent be 20 years from filing and that this term apply to new patents granted as well as to those that are still in effect. Portugal has chosen to interpret TRIPs as requiring that the 20-year term apply only to new patents granted after June 1, 1995, not to existing patents. As a result, the Administration will initiate formal consultations with Portugal under WTO dispute settlement procedures.