WASHINGTON – The Office of the United States Trade
Representative (USTR) has made a determination to lower the
Philippines from the Priority Watch
List to the Watch List under the Special 301 Review, which examines in detail
the adequacy and effectiveness of intellectual property rights (IPR)
protection.
This determination
is the result of an “Out-of-Cycle Review” (OCR) on the Philippines
announced in the April 2005 Special 301 Report. The OCR concluded that throughout 2005,
the Philippines
bolstered implementation of its special legislation that was passed to stop
illegal production of pirated optical discs such as CDs and DVDs by controlling
the licensing of and conducting raids against pirate optical disc production
facilities. In addition, Philippine
authorities conducted numerous raids on retail stores selling pirated and
counterfeit goods. The Philippine
government also measurably improved coordination of government agencies
responsible for IPR enforcement.
However, the OCR
also concluded that sustained effort and continued progress on key IPR
issues will be essential to avoid a future return to the Priority Watch
List. The United States will be monitoring closely
efforts by the Philippines government to
further improve its IPR enforcement regime.
Background
Pursuant to Section
182 of the Trade Act of 1974, as amended by the Omnibus Trade and
Competitiveness Act of 1988 and the Uruguay Round Agreements Act (enacted in
1994), under Special 301 provisions, USTR must identify those countries that
deny adequate and effective protection for IPR or deny fair and equitable market
access for persons that rely on intellectual property protection. Countries that have the most onerous or
egregious acts, policies, or practices and whose acts, policies, or practices
have the greatest adverse impact (actual or potential) on relevant U.S.
products must be designated as “Priority Foreign
Countries.”
USTR created a
“Priority Watch List” and a “Watch List” under the Special 301 provisions. Placement of a trading partner on
the Priority Watch List or the Watch List indicates that particular problems
exist in that country with respect to IPR protection, enforcement, or market
access for persons relying on intellectual property. Countries placed on the Priority Watch
List are the focus of increased bilateral attention concerning the problem
areas.
|