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2000 Special 301 Report 1 (2000)

handle is hein.trade/spthonerp2000 and id is 1 raw text is: 2000 SPECIAL 301 REPORT United States Trade Representative Charlene Barshefsky today announced the results of the 2000 Special 301 annual review which examined in detail the adequacy and effectiveness of intellectual property protection in over 70 countries. Ambassador Barshefsky also announced that, as a result of this year's Special 301 review, she will initiate World Trade Organization (WTO) dispute settlement consultations with Argentina and Brazil, and take the next step in our dispute with Denmark and request the establishment of a WTO panel unless imminent progress is made. This brings to 14 the number of intellectual property-related WTO complaints filed by the United States since 1996. Consultations about implementation of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) also may be initiated with other countries in the near future. The Special 301 report also addresses significant concerns in such trading partners as Ukraine, Italy, Israel, Malaysia, India, Korea, Poland, and the West Bank and Gaza, as well as progress in economies such as UAE, Sweden, Mexico, and Macau. In this year's review, USTR devoted special attention to proper and timely implementation of the WTO TRIPS Agreement by developing country WTO members, which was required as of January 1, 2000. In addition, USTR continued to focus on two other critically important issues: cracking down on production of unauthorized copies of optical media such as CDs, VCDs, DVDs, and CD-ROMs, and ensuring that government ministries use only authorized software. Considerable progress has been made over the past year by many developing countries in implementing their TRIPS obligations. USTR also has made progress again this year in encouraging our trading partners to implement optical media controls and appropriate software management programs. While progress also has been made on improving enforcement in many countries, the unacceptably high rates of piracy and counterfeiting of U.S. intellectual property around the world require on-going vigilance. 2000 Special 301 Decisions Under the Special 301 provisions of the Trade Act of 1974, as amended, Ambassador Barshefsky today identified 59 trading partners that deny adequate and effective protection of intellectual property or deny fair and equitable market access to United States artists and industries that rely upon intellectual property protection. In today's action, the United States Trade Representative identified Ukraine for potential Priority Foreign Country designation on August 1, 2000. Ambassador Barshefsky stated that the United States has worked with Ukrainian officials over the past several years in an effort to reduce alarming levels of copyright piracy and to improve Ukraine's overall intellectual property regime. Regrettably, according to estimates from our copyright industry, Ukraine is the single largest source of pirate CDs in the Central and East European region. The U.S. Government currently is engaged with the Government of Ukraine in an intense effort to resolve this problem. At this juncture, the United States considers its interests to be best served by continuing these efforts over the next few

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