Add New Zealand to the growing list of countries upset over this year’s USTR Special 301 list. Opposition politicians and independent academics view the placement as gearing up for the Trans Pacific Partnership negotiations and an attempt to increase drug prices in the country.
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Israel Reacts Angrily to Inclusion on US IP Watch List
Israel has reacted angrily to its inclusion on the U.S. Special 301 Watch List. One report quotes a government official as saying the inclusion is “designed to force the country to make concessions beyond those agreed between Jerusalem and Washington” adding the “United States was violating bilateral agreements by putting […]
The US Intellectual Property Watch List: The Canadian Perspective
Canada remains on the Priority Watch List. The United States continues to urge Canada to implement its previous commitments to improve its legal framework for IPR protection and enforcement. Unfortunately, Canadian efforts in 2010 to enact long-awaited copyright legislation were unsuccessful. The United States encourages Canada to make the enactment of copyright legislation that addresses the challenges of piracy over the Internet, including by fully implementing the WIPO Internet Treaties, a priority for its new government. The United States encourages Canada to provide for deterrent-level sentences to be imposed for IPR violations, as well as to strengthen enforcement efforts, including at the border. Canada should provide its Customs officials with ex officio authority to effectively stop the transit of counterfeit and pirated products through its territory. U.S. stakeholders have also expressed strong concerns about Canada’s administrative process for reviewing the regulatory approval of pharmaceutical products, as well as limitations in Canada’s trademark regime. The United States appreciates the high level of cooperation between the Canadian and U.S. Governments, and looks forward to continuing engagement on these important issues.
So Canada – a country with intellectual property protections that have been ranked ahead of the U.S., has many copyright rules more restrictive than the U.S., and digital markets growing faster than the U.S. – is once again placed by the U.S. on the watch list while other countries with similar laws are not.
The US Intellectual Property Watch List: The Global Perspective
USTR is announcing that it invites any trading partner appearing on the Special 301 Priority Watch List or Watch List to work with the United States to develop a mutually agreed action plan designed to lead to that trading partner’s removal from the relevant list. Agreement on such a plan will not by itself change a trading partner’s status in the Special 301 Report.
This year’s list includes Canada along with several Western European countries (Finland, Italy, Greece, Spain, and Norway) and dozens of other countries around the world. The total population of the 40 countries on the list exceeds 4.3 billion. Many of these are poor countries with per person GDPs of a few thousand dollars per year, yet the primary complaint tends to revolve around patent protection and approval for pharmaceutical drugs.
USTR Launches Request for Comments on ACTA
The USTR has launched a public request for comments on the Anti-Counterfeiting Trade Agreement. There has been no indication from Canadian officials about possible meetings or consultations.