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2003 Special 301 Report 1 (2003)

handle is hein.trade/spthonerp2003 and id is 1 raw text is: 2003 SPECIAL 301 REPORT

Executive Summary
United States Trade Representative Robert B. Zoellick today announced the results of the 2003
Special 301 annual review, which examined in detail the adequacy and effectiveness of
intellectual property protection in approximately 74 countries.
USTR notes with disappointment Ukraine's persistent failure to take effective action against
significant levels of optical media piracy and to implement intellectual property laws that
provide adequate and effective protection. As a result, Ukraine will continue to be designated a
Priority Foreign Country and the $75 million worth of sanctions imposed on Ukrainian products
on January 23, 2002 will remain in place. This continued failure to adequately protect
intellectual property rights could also jeopardize Ukraine's efforts to join the World Trade
Organization (WTO) and seriously undermine its efforts to attract trade and investment. The
U.S. Government continues to remain actively engaged with Ukraine in encouraging the nation
to combat piracy and to enact the necessary intellectual property rights legislation and
regulations.
The Special 301 report addresses significant concerns with respect to such trading partners as
Brazil, The Bahamas, Mexico, India, Indonesia, Korea, Lebanon, Taiwan, Poland, the
Philippines, Russia, the European Union (EU), and members of the Andean Community. In
addition, the report notes that the United States will consider all options, including but not
limited to initiation of dispute settlement consultations with countries that do not appear to have
implemented fully their obligations under the WTO Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS Agreement).
In this year's review, USTR devotes special attention to the growing issue of counterfeiting and
piracy, with particular emphasis on the ongoing campaign to reduce production of unauthorized
copies of optical media products such as CDs, VCDs, DVDs, and CD-ROMs. Counterfeiting
of trademarked goods is an increasing problem in many countries, including China, Paraguay,
Poland, the Philippines, Russia, Vietnam, and Turkey. In addition, USTR continues to focus on
other critically important issues including internet piracy, proper implementation of the TRIPS
Agreement by developing country WTO Members and full implementation of TRIPS standards
by new WTO Members at the time of their accession. USTR also continues to encourage
countries to ensure that government ministries use only authorized software.
Over the past year, many developing countries and newly acceding WTO Members made
progress toward implementing TRIPS obligations. Nevertheless, full implementation of TRIPS
obligations has yet to be achieved in certain countries, particularly with respect to the
Agreement's enforcement provisions. As a result, piracy and counterfeiting of U.S. intellectual
property remain unacceptably high in these countries.

May 1, 2003

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