Table of Section 301 Action USTR

United States Trade Representative (USTR) Section 301 Annual Reports (2004-2006)

Section 301 of 1984 Trade & Tariff Act (which amended 1974 Trade Act) gave the US President authority to deal with states that failed to provide “adequate and effective” protection for US intellectual property rights.

Under Section 301, punishment for a foreign country that fails to provide protection for US intellectual property:

US President can authorize withdrawal of trade benefits or impose duties on goods (or USTR can “self-initiate” a 301 Action without President).

Step 1: “Watch List”

Step 2: “Priority Watch List”

Step 3: “Priority Foreign Country” = Possible trade retaliation from US

Under “Special 301” enacted in 1988, USTR identifies countries that denied “adequate and effective protection” of US intellectual property or that denied “fair and equitable market access” to US intellectual property holders. Any “interested person” can file a petition asking USTR to launch Section 301 investigation and deny trade benefits to a country. Often, industry trade organizations such as the RIAA and MPAA file Special 301 Petitions and begin the process of US trade retaliation against foreign countries.

Noteworthy Early “301 Actions”:

In 1985 USTR initiated first two Section 301 Actions (against Brazil over its informatics law, and against Korea over pharmaceuticals). Korea signed a bi-lateral agreement with the US in 1986 to change its intellectual property law to appease the US.

In 1987 the USTR filed another 301 Action against Brazil over drug patents that resulted in US $39 million in tariffs imposed on Brazil in 1988. The trade sanctions on Brazil were lifted in 1990 after the Brazilian president said he would seek the IPR legislation that the United States wanted.

In 1988 the Pharmaceutical Manufacturers Association filed a Special 301 Petition against Argentina for greater monopoly rights over medicine. The petition was withdrawn after Argentina amended its patent laws to comply with the US trade organization’s wishes.

In 1991 the USTR filed a 301 Action against India, which began the process of India changing its IPR law to please US interests.

In 1994 the US imposed tariffs on China over intellectual property, but an agreement was reached between the US and China, a “Memorandum of Understanding” before the tariffs went into effect.

Its also noteworthy that nearly EVERY country in the world is on one of these USTR lists as not providing sufficient protection to US IPR interests and on the road to trade sanctions.

Table of 2004-2006 USTR 301 Reports:

COUNTRY:	YEAR:	TYPE OF WATCH:	USTR FOCUS:	TYPE OF IPR:	REPORT COMMENTS:
BAHAMAS
	2001	N/A
	2002	Watch List
	2003	Priority Watch List
	2004	Priority Watch List	Cable Programs; Motion Pictures	Copyrights
	2005	Watch List	Copyright Infringement of Cable Television and Motion Pictures; Absence of Implementations of the Copyright Amendments	Copyrights
	2006	Watch List	Cable Television	Copyrights	Continued failure to implement 2004 copyright amendment to agreement between US and Bahamas first reached in 2000.
BELARUS
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	Pre-Existing Works and Sound Recordings; Optical Media Piracy; No “ex officio” Raids of Seizures	Copyrights
	2005	Watch List	Inadequate Protection for Pre-Existing Works and Sound Recordings; Weak Border Protection; Illegal Optical Media Plants; Inadequate Civil and Criminal Procedures	Copyrights
	2006	Watch List	Enforcement; Piracy (optical media plants),	Copyrights	Continued failure to adhere to U.S.-Belarus Trade Agreement; No criminal code or civil law to prosecute for seized illegal products at border.
BOLIVIA
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	No “ex parte” Civil Searches; IPR Enforcement Sporadic and Ineffective; Border Enforcement Weak; Piracy of Videos, Sound Recordings and Software	Copyrights; Trademarks
	2005	Watch List	Border Enforcement; Music Piracy; Commercial Photocopying of Books, Unauthorized Translations of Books, Video Piracy, and Business and Entertainment Software Piracy	Copyrights; Trademarks
	2006	Watch List	Enforcement	Copyrights; Trademarks	No notable improvements.
BULGARIA
	2001	N/A
	2002	N/A
	2003	N/A
	2004	Watch List	Pirated Optical Disc Media; Ineffective Prosecutions and Minimal Judicial Sentences; Weak Border Enforcement; Counterfeiting of Spirits	Copyrights; Trademarks
	2005	Watch List	Ineffective Anti-Piracy and Anti-Counterfeiting Enforcement Efforts; Optical Disc Piracy; Pirated CDs and DVDs; Inadequate Criminal Code; Ineffective Sentences	Copyrights; Trademarks
	2006	Watch List	Judicial Enforcement; Patent/Trademark Infringement	Patents; Trademarks	In Feb. 2006 newly formed Council of I.P. Protection approved penal code criminalizing possession of counterfeited products.
CANADA
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	Ratification of the WIPO Internet Treaties, and Implementation of Legislation on Patenting of Higher Life Formers; Judicial Procedures; Patented Medicines; Weak Border Enforcement	Trademarks; Patents; Copyrights
	2005	Watch List	Inadequate Copyright Law; Ineffective Protection of Works in Digital Environment; Stop Counterfeit and Pirated Goods Being Transshipped Through Country; Pharmaceuticals	Copyrights; Trademarks; Patents
	2006	Watch List	Ratification and Implementation of WIPO Internet Treaties; Border Enforcement; (Digital/Pharmaceutical)	Copyrights; Patents	Awaiting outcome of new government elected in early 2006
CHILE
	2001	Watch List
	2002	Watch List
	2003	Watch List			Chile’s Congress approved in December of 2003 legislation intended to bring the country into compliance with a number of TRIPS commitments.
	2004	Watch List	Digital Piracy; Pharmaceuticals	Patents; Copyrights	U.S.-Chile Trade Agreement entered into in January 2004.
	2005	Watch List	Inadequate Deterrent Penalties; Digital Piracy; Pharmaceuticals	Copyrights; Trademarks; Patents
	2006	Watch List	Unfair commercial use of undisclosed tests and other data by pharmaceutical companies; Insufficient coordination between health and patent authorities; Patent-Infringing; Copyright Piracy; Trademark Counterfeiting	Patents; Copyrights; Trademarks	Has not fully implemented legislation to comply with U.S.-Chile Free Trade Agreement obligations
COLOMBIA
	2001	Watch List
	2002	Priority Watch List
	2003	Watch List
	2004	Watch List	Pharmaceutical and Agricultural Chemical Products; Piracy of Music and Motion Pictures; Photocopying Piracy; Optical Disc Piracy	Patents; Trademarks; Copyrights	Music piracy alone estimated at $51 million in Colombia in 2004.
	2005	Watch List	Optical Disc Piracy; Illegal Photocopying of Academic Textbooks, Business Software, and Entertainment Software; Border Enforcement	Copyrights; Trademarks
	2006	Watch List	Enforcement; Inadequate Judicial System; Border Enforcement; Copyright Piracy; Optical disc Piracy; Business/Entertainment Software Piracy	Copyrights; Trademarks	U.S.-Columbia Trade Promotion Agreement concluded in Feb. 2006
COSTA RICA
	2001	Priority Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	Inadequate Criminal and Civil Systems for Prosecuting IPR Infringements	Copyrights; Trademarks	In August 2004 Costa Rica signed the U.S.-Dominican Republic-Central American Free Trade Agreement.
	2005	Watch List	Inadequate Data Protection and Patent Laws	Copyrights, Trademarks; Patents
	2006	Watch List	Legislation; Enforcement; Pharmaceuticals; Copyright Piracy; Trademark Counterfeiting	Copyrights; Trademarks	Only partner to not ratify the U.S.-Dominican Republic-Central American Free Trade Agreement
CROATIA
	2001	N/A
	2002	N/A
	2003	Watch List
	2004	Watch List	Pharmaceuticals (copycats, lengthy registration periods)	Patents	In February 2004 the Croatian Government ratified the 1998 U.S.-Croatia MOU concerning IPR.
	2005	Watch List	Pharmaceuticals	Patents
	2006	Watch List	Pharmaceuticals; Border Enforcement	Patents
DOMINICAN REPUBLIC
	2001	Priority Watch List
	2002	Priority Watch List
	2003	Watch List
	2004	Watch List	Copyright Piracy; Patent Protection; Inadequate Judicial Remedies	Copyrights, Patents	Signed the U.S.-Dominican Republic-Central America Free Trade Agreement in August 2004.
	2005	Watch List	Broadcast Piracy; Ineffective Prosecutions	Copyrights; Trademarks
	2006	Watch List	Enforcement; Pharmaceuticals; Broadcast Piracy	Copyrights; Trademarks	Steps taken in Jan. of 2006 to ratify WIPO Internet Treaties
ECUADOR
	2001	N/A
	2002	N/A
	2003	Watch List
	2004	Watch List	Pharmaceuticals; Piracy of Sound Recordings, Computer Software, and Motion Pictures; Counterfeiting Brand Name Apparel; Courts Unwilling to Enforce Laws	Patents, Copyrights; Trademarks
	2005	Watch List	Sound Recordings; Computer Software; Illegal Commercial Photocopying of Books; Border Enforcement; Pharmaceutical and Agricultural Chemical Products; Limited Government Resources Dedicated to Anti-Piracy and Anti-Counterfeiting Activities	Trademarks, Copyrights; Patents
	2006	Watch List	Judicial Enforcement; Music Piracy; Pharmaceuticals; Business Software Piracy	Copyrights, Trademarks; Patents	Still no specialized IP court
EUROPEAN UNION
	2001	Priority Watch List
	2002	Priority Watch List
	2003	Priority Watch List
	2004	Priority Watch List	Geographical Indications for Agricultural Products and Foodstuffs; Lack of Full Implementation of the EU Biotechnology Directive	Patents; Copyrights
	2005	Watch List	Lack of Full Implementation of the EU Biotech Directive		WTO dispute panel found that the EU GI Regulation impermissibly discriminates against U.S. products and producers in April of 2005.
	2006	Watch List	Geographical Indications	Trademarks
GUATEMALA
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	New Legislation	Patents	Legislation Introduced in April 2004 that would revoke data exclusivity.
	2005	Watch List	High Levels of Piracy and Counterfeiting; Pharmaceuticals and Agricultural Products	Trademarks; Copyrights; Patents
	2006	Watch List	Stronger Legislation; Enforcement; Pharmaceutical & Agricultural Chemical Companies Products
HUNGARY
	2001	Priority Watch List
	2002	Priority Watch List
	2003	Watch List
	2004	Watch List	Data Exclusivity Law; Patent Infringement; Piracy of Optical and Auditory Media	Copyrights; Patents
	2005	Watch List	Prosecutorial Delays; Low Fines; Weak Sentences; Weak Border Enforcement; Piracy of Sound Recordings and Motion Pictures; Unauthorized Optical Disc Plants; Business and Entertainment Software Piracy; Photocopying of Books; Pharmaceuticals	Trademarks; Copyrights; Patents
	2006	Watch List	Judicial Enforcement; Border Enforcement; Pharmaceuticals; Copyright Piracy (via internet);	Copyrights; Patents
ITALY
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	Business Software; Ineffective Judicial System; Pharmaceuticals	Copyrights; Trademarks; Patents
	2005	Watch List	Business and Entertainment Software Piracy; Motion Picture, Music and Book Piracy; Inadequate Anti-Piracy Legislation	Copyrights; Trademarks
	2006	Watch List	Judicial Enforcement; Copyright Piracy on the Internet; Copyright & Trademark Infringement	Copyrights; Trademarks
JAMAICA
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	Failure to Enact the Patents and Designs Act	Patents
	2005	Watch List	Patent Laws	Patents
	2006	Watch List
KUWAIT			Delay in Enacting the Patents and Designs Act; Patent Law Reform	Patents
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Priority Watch List	Inadequate Copyright Law; Insufficient Penalties; Optical disc Piracy; Cable Piracy	Copyrights	Kuwait Custom’s creation of a special IPR unit of April 2004. U.S.-Kuwait Trade and Investment Framework Agreement signed in February of 2004.
	2005	Priority Watch List	Copyright Piracy, Inadequate Copyright Laws, Retail Optical Disc Piracy, Software, Cable, Internet Piracy	Copyrights
	2006	Watch List	Implementation of IPR Legislation; Copyrights; Trademarks; Geographical Indications; Patents; Data Protection; Retail Optical Disk Piracy; Business Software Piracy; Cable Piracy; Internet Piracy	Copyrights; Trademarks	New IPR committee formed (includes Ministries of Justice, Interior, Information, and Commerce and Industry)
LATVIA
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	Transshipment Point for Russia; Piracy of Motion Pictures, Records, Music and Entertainment; Internet Piracy	Copyrights
	2005	Watch List	Transshipment Market for Pirated Goods; Pirated Motion Pictures, Records, Music, Entertainment Software and Video Games; Border Enforcement	Trademarks; Copyrights
	2006	Watch List	Stronger Penalties for IPR Infringers; Border Enforcement; Internet Copyright Piracy	Copyrights; Trademarks
LITHUANIA
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	Optical Media Piracy; Transshipment Point in the Baltic Region (eastern borders a problem); Pirated Music CDs , Audiocassettes, CD-ROMS, DVDs and Videogames	Copyrights; Trademarks
	2005	Watch List	Optical Media Piracy; A Transshipment Point; Lack of Deterrent Sentences; Border Enforcement; Internet Piracy; Music; Entertainment and Business Software Piracy; Cable Piracy; Inadequate Copyright Laws	Copyrights; Trademarks
	2006	Watch List	Border Enforcement (transshipment problems); Internet Copyright Piracy (optical media)	Copyrights; Trademarks
MALAYSIA
	2001	Priority Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	Entertainment Software Piracy; Optical Media Piracy; Book Piracy; Few Prosecutions; Pharmaceuticals	Copyrights; Trademarks; Patents	US copyright industry estimated loss of $188 million due to Malaysia in 2004.
	2005	Watch List	Optical Media; Pharmaceutical and Agricultural Chemical Products; Weak Enforcement; Piracy of Apparel, Luxury Goods, Tobacco, Mobile Phone Batteries, and Toys	Trademarks; Copyrights; Patents
	2006	Watch List	Licensed & Unlicensed Optical Disc Plants Producing Pirated Products; Internet Piracy & Counterfeiting; Pharmaceuticals	Trademarks; Copyrights	Deficiencies exist in current copyright laws complicating implementation of WIPO Internet Treaties
MEXICO
	2001	N/A
	2002	N/A
	2003	Watch List			Estimated $712 million loss to U.S. copyrights industry in 2003.
	2004	Watch List	Piracy of Sound Recordings and Motion Pictures; Lack of Deterrent Penalties; Failure to Destroy Seized Products	Copyrights; Trademarks	Estimated $870 million loss to U.S. copyright industry in 2004.
	2005	Watch List	Pharmaceuticals; Pirated Sound Recordings and Motion Pictures; Weak Enforcement	Patents; Trademarks, Copyrights
	2006	Watch List	Pharmaceuticals; Prosecutions & Penalties	Patents; Copyrights	Recent formation of specialized IPR customs unit.
PAKISTAN
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Priority Watch List	Pirated Optical Media of Copyrighted Sound Recordings, Motion Pictures, Business Software, and Published Materials; Counterfeiting of Apparel; Pharmaceuticals; Book Piracy; Overall Lax Enforcement	Trademarks; Copyrights; Patents
	2005	Priority Watch List	Inadequate Copyright Protection; Ineffective Criminal Penalties; Piracy and Counterfeiting of Optical Media, Apparel, Pharmaceuticals and Agricultural Products	Copyrights, Trademarks; Patents	“Pakistan is one of the world’s leading producers/exporters of pirated optical media of copyrighted sound recordings, motions pictures, business software, and published materials.”
	2006	Watch List	Piracy; Pharmaceuticals		Recent establishment of Intellectual Property Organization of Pakistan.
PERU
	2001	Watch List
	2002	Watch List			“Anti-Piracy Crusade” initiated
	2003	Watch List
	2004	Watch List	Pharmaceutical and Agricultural Chemical Products; Piracy of Sound Recordings, Textbooks, Books, Motion Pictures and Software; Optical Media Piracy	Patents; Trademarks; Copyrights
	2005	Watch List	Pharmaceutical and Agricultural Products; Sound Recordings; Optical Discs; Weak Border Enforcement	Patents; Copyrights; Trademarks
	2006	Watch List	Border Enforcement; Piracy of Sound Recordings & Business Software; Ineffective Coordination System Between Health and Patent Authorities; Pharmaceuticals	Copyrights; Patents	In April of 2006 U.S.-Peru Trade Promotion Agreement signed.
PHILIPPINES
	2001	Priority Watch List
	2002	Priority Watch List
	2003	Priority Watch List			Bureau of Customs created a permanent OPR unit in September 2003 to investigate all shipments of counterfeit and pirated goods.
	2004	Priority Watch List	Pirated Optical Discs of Cinematographic and Musical Works, Computer Games, and Business Software; Motion Picture and Cable Piracy; Pharmaceutical and Agricultural Chemical Products	Copyrights; Trademarks; Patents	Passage of Optical Media Act in February of 2004. Single seizure of optical discs, worth of which was $8 million, in December of 2004.
	2005	Priority Watch List	Book Piracy; Pirated Optical Media; Software Piracy; Non-Deterrent Sentences; Lack of Border Enforcement; Ineffective Judicial System	Copyrights, Trademarks
	2006	Watch List	Continued Enforcement of Optical Media Act; Copying of Textbooks; Customs Enforcement; Theft by Pirate Cable TV Operators; Implementation of WIPO Internet Treaties; Internet Piracy; Counterfeit Pharmaceuticals	All
POLAND
	2001	Watch List
	2002	Watch List
	2003	Priority Watch List
	2004	Watch List	Pharmaceuticals; Inadequate Patent Law; Weak Border Protection (primarily from Russia and Ukraine); Pirated Optical Discs; Weak Judicial System (untrained judges)	Patents; Copyrights; Trademarks
	2005	Watch List	Pharmaceuticals; Optical Disc Media; Sound Recordings, Audiovisual Products, Video Games and Business Software Applications; Internet Piracy	Trademarks, Patents, Copyrights
	2006	Watch List	Lack of Judicial Enforcement & Sentences; Border Enforcement; Pharmaceuticals; Internet Piracy; Counterfeiting	Copyrights; Trademarks
REPUBLIC OF KOREA
	2001	Priority Watch List
	2002	Watch List
	2003	Watch List
	2004	Priority Watch List	Sound Recordings; Digital Piracy; Online Music Piracy; Book Piracy; Street Vendors; Pharmaceuticals	Copyrights; Trademarks; Patents
	2005	Watch List	Temporary Copies; Piracy of DVDs, Computer Software, University Textbooks; Street Vendors; Pharmaceuticals	Trademarks; Copyrights; Patents
	2006	Watch List	Strengthen Relevant Provisions of its Copyright Act and Computer Programs Protection Act; Clarify Scope of Their Private Copy Exception; Extend Term of Copyright Protection for Works and Sound Recordings; Pharmaceuticals	Piracy of DVDs, Computer Software & Books; Patents	Establishment of Copyright Protection Center & Standing Inspection Team
ROMANIA
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	Optical Disc Piracy; Border Enforcement; Rare Prosecutions; Lack of Deterrent Penalties; Lack of Effective Legislation	Copyrights; Trademarks; Patents
	2005	Watch List	Judicial Enforcement	Copyrights; Trademarks
	2006	Watch List	Judicial Enforcement; Piracy of Business Software, Music and Entertainment Software	Copyrights; Trademarks	General Prosecutor’s Office of the Supreme Court designated as the national coordinator for IPR enforcement; Requirement of Source Identification Codes for optical disc manufacturing
SAUDI ARABIA
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	Piracy of Sound Recordings; Inadequate “ex parte” Civil Search Orders; Lack of Deterrent Penalties; Piracy of Optical Discs, Books, Television and Software; Pharmaceuticals	Copyrights; Patents
	2005	Watch List	Destruction of Seized Goods; Enforcement; Deterrent Sentences	Copyrights; Trademarks	Entry into WTO. Seized 1.2 million audio-visual materials in March 2005.
	2006	Watch List	Enforcement (border); Judicial Enforcement	Copyrights; Trademarks
TAIWAN
	2001	Priority Watch List
	2002	Priority Watch List
	2003	Priority Watch List
	2004	Priority Watch List	Small Custom Optical Media Burning Operations; Border Enforcement; Pharmaceutical and Agricultural Products	Trademarks; Copyrights; Patents
	2005	Watch List	Internet Piracy; Judicial Reforms; Copying of Textbooks; Cable Piracy; Pharmaceuticals; Business Software	Patents; Trademarks; Copyrights
	2006	Watch List	Border Enforcement; Legislative amendments to Address ISP Liabilities; Stronger Criminal Penalties; Copyrights (sound recordings)	Copyrights; Trademarks
TAJIKISTAN
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	Piracy of Sound Recordings; No Criminal Penalties	Copyrights	Trade and Investment Framework Agreement signed
	2005	Watch List	Weak Enforcement; No Criminal Penalties	Copyrights; Trademarks
	2006	Watch List	Legal Reforms, Enforcement; Lack of Criminal Penalties
THAILAND
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	Optical Media Piracy; Enforcement Remains Uncoordinated and Sporadic; Piracy of Optical Disc Video Games, Clothing/Apparel, Watches, Leather Goods, Jewelry, Lighters; Auto Parts, Mobile Phone Accessories, Batteries, and Wine; Book Piracy; Broadcast Piracy	Copyrights; Trademarks
	2005	Watch List	Optical Disc Piracy; Optical Disc Legislation; Photocopying of Books; Cable Piracy; Video Game Piracy; Internet Piracy; Business Software Piracy; Pharmaceuticals	Copyrights; Trademarks; Patents
	2006	Watch List	Enforcement; Optical Disc Pirate Production Plants; Weak Optical Disc Legislation, Pharmaceutical and Agricultural Chemical Companies; Optical Discs; Photocopying of Books; Cable Signals; Entertainment and Business Software; Music on the Internet	Trademarks; Copyrights; Patents
TURKMENISTAN
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	Outdated Copyright Law; No Protection for Sound Recordings or Pre-existing Works; No Criminal Penalties	Copyrights
	2005	Watch List	Sound Recordings; No Criminal Penalties	Copyrights; Trademarks
	2006	Watch List	Legal Reforms	Copyrights	Failed to fulfill IPR obligations under the U.S.-Turkmenistan Trade Agreement; No clear criminal procedures or penalties for IPR infringement
UZBEKISTAN
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	No Protection for Sound Recordings or Pre-existing Works; Weak Criminal Penalties	Copyrights
	2005	Watch List	Sound Recordings; Inadequate Criminal Penalties	Copyrights
	2006	Watch List	Border Enforcement; Inadequate Criminal Penalties	Copyrights	Appeared to be out of compliance with its intellectual property commitments under the U.S.-Uzbekistan Trade Agreement (emphasis on copyright protection and enforcement)
VIETNAM
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	Piracy of DVDs, CDs and VCDs; Reluctant Judges to Impose Deterrent Sentences; Pharmaceuticals; Unlicensed Clothing	Copyrights; Trademarks; Patents
	2005	Watch List	Pharmaceuticals; Reluctant Judges to Impose Penalties or Fines	Copyrights; Patents	Passage of Comprehensive IPR law
	2006	Watch List	Pirated CDs, VCDs and DVDs	Copyrights
CHINA
	2001	Section 306
	2002	Section 306
	2003	Section 306
	2004	Section 306
	2005	OCR Review	All	All
	2006	Priority Watch List	All	All
RUSSIA
	2001	Priority Watch List
	2002	Priority Watch List
	2003	Priority Watch List
	2004	Priority Watch List	Inadequate Copyright Laws; Piracy of Sound Recordings; Pharmaceutical and Agricultural Chemical Products; Weak Border Enforcement; Optical Disc Piracy	Copyrights; Trademarks; Patents	U.S. copyright industry estimates losses at $1.7 billion for 2004.
	2005	Priority Watch List	Pharmaceutical and Agricultural Chemical Products; Piracy of Optical Media, Recordings, Motions Pictures, Business Software, Entertainment Software; Ineffective Criminal Enforcement System; Infrequent Destruction of Seized Pirated Goods; Internet Piracy	Trademarks; Copyrights; Patents
	2006	Priority Watch List	Optical Disc Pirate Production (located on government owned facilities); Internet Piracy; Pharmaceutical and Agricultural Companies; TRIPS Compliance; Border Enforcement; Inadequate Copyright Enforcement	Copyrights; Patents; Trademarks	Proposed Part IV of the Civil Code which would replace existing IPR laws raises questions about its compliance with international norms.
ARGENTINA
	2001	Priority Watch List
	2002	Priority Watch List			U.S.-Argentina Agreement signed in May 2002
	2003	Priority Watch List
	2004	Priority Watch List	Piracy of Recordable CDS, Optical Media, Entertainment Software, Sound Recordings, Books and Films; Weak Border Controls; Slow Court Procedures, Pharmaceuticals	Copyrights; Trademarks; Patents	Implementation of new protection patent law, January 2004
	2005	Priority Watch List	Piracy of Audiovisual, Sound Recordings, Entertainment Software, Business Software, and Book Publishing; Lack of Deterrent Criminal Penalties; Delays in Criminal and Civil Cases; Border Controls; Agricultural Biotechnology Products, Pharmaceuticals	Copyrights, Trademarks, Patents
	2006	Priority Watch List	Pharmaceuticals; Copyright Piracy; Music Piracy (internet & burned CD-Rs); Entertainment & Business Software; Book Publishing	Copyrights; Trademarks; Patents
BELIZE
	2001	N/A
	2002	N/A
	2003	N/A
	2004	Watch List	Counterfeit Goods in Pharmaceutical and Tobacco Sectors	Copyrights; Patents
	2005	Watch List	Insufficient Cooperation Between Rights Holders and Government Entities	Copyrights
	2006	Priority Watch List	Willingness of Authorities to Conduct Inspections, Seize Counterfeit and Pirated Goods Complete Prosecutions and Issue Deterrent Sentences; Border Enforcement	Copyrights
BRAZIL
	2001	Watch List
	2002	Priority Watch List
	2003	Priority Watch List
	2004	Priority Watch List	Optical Media Piracy and Internet Piracy; Inadequate Criminal Enforcement; Few Prosecutions; Ineffective Border Enforcement; Pharmaceuticals	Copyrights; Trademarks; Patents
	2005	Priority Watch List	Optical Media and Internet Piracy; Border Enforcement; Few Criminal Prosecutions and Convictions; Backlog of Pending Patent Applications	Copyrights; Trademarks; Patents	Adoption of a National Action Plan by Brazil’s National Council to Combat Piracy and Intellectual Property Crimes.
	2006	Priority Watch List	Piracy; Counterfeiting; Pharmaceuticals; Lack of Prosecutions	Patents; Copyrights	Formation of a public-private National Anti-Piracy Council
EGYPT
	2001	Priority Watch List
	2002	Priority Watch List
	2003	Watch List
	2004	Priority Watch List	PHARMACEUTICALS; Book Publishing; Piracy of CDs, DVDs, and VCDs	Patents; Copyrights	Unauthorized marketing approvals granted for patent infringing pharmaceutical products. Losses to US industries in 2004 estimated at $72.5 million from Egypt.
	2005	Priority Watch List	Problems with Judicial System; Pharmaceutical and Agricultural Chemical Products; Book Publishing; Entertainment and Business Software	Trademarks; Copyrights; Patents	Reports that Ministry of Health has taken actions to undermine Egypt’s obligations under TRIPS.
	2006	Priority Watch List	Judicial Enforcement; Pharmaceuticals; Court System Operates Inefficiently; Copyright Piracy for Book Publishing, Entertainment Software, and Business Software	Copyrights; Trademarks; Patents
INDIA
	2001	Priority Watch List
	2002	Priority Watch List
	2003	Priority Watch List
	2004	Priority Watch List	Inadequate Laws; Biotechnology Inventions; Pharmaceuticals and Agricultural Chemical Products; Piracy of Software, Films, Popular Fiction, and Certain Textbooks; Optical Media Piracy; Counterfeiting, Particularly for Medicines and Auto Parts; Court System Low; Few Convictions; Inadequate Border Protection	Patents; Trademarks; Copyrights
	2005	Priority Watch List	Inadequate Laws; Ineffective Enforcement; Pharmaceutical and Agricultural Chemical Products; Copyright Piracy; Optical media Piracy; Cable TV Piracy; Border Protection	Trademarks; Copyrights; Patents	Passed legislation to provide for product patents for pharmaceuticals and agricultural chemicals. Lost sales from Piracy in India to US companies estimated at $500 million.
	2006	Priority Watch List	Inadequate Laws (software, films, popular fiction works, textbooks, and cable signals); Ineffective Enforcement; Pharmaceuticals; Border Enforcement; Ineffective Police Action, Judicial Enforcement	Copyrights; Trade marks; Patents
INDONESIA
	2001	Priority Watch List
	2002	Priority Watch List
	2003	Priority Watch List
	2004	Priority Watch List	Piracy of Optical Media Products (CDs, VCDs, DVDs, CD-ROMs); Deficient Judicial System; Pharmaceuticals; Trademark Counterfeiting, IT Products, Clothing and Soft Drinks	Copyrights; Trademarks; Patents
	2005	Priority Watch List	Enforcement; Adequacy of Regulations; Pirated Optical Media Products; Trademark Infringement; Deficient Judicial System; Infringement of Information Technology Products, Clothing and Soft Drinks	Trademarks; Copyrights	Optical Disc Regulation took effect in April of 2005 (only a commitment on paper so far).
	2006	Priority Watch List			RE-establishment of a Ministerial-level National IP Task Force
ISRAEL
	2001	Priority Watch List
	2002	Priority Watch List
	2003	Watch List
	2004	Watch List	Sound Recordings; Patent Infringement	Copyrights; Patents
	2005	Priority Watch List	PHARMACEUTICALS; Biotechnology	Patents; Copyrights; Trademarks	March 2005 passed legislation that weakened protection for pharmaceutical companies. In December of 2005 passed legislation that reduced term of pharmaceutical patent extension granted to compensate for delays in obtaining regulatory approval of a drug.
	2006	Priority Watch List	Possible Copyright Legislation that Would Weaken Protections for U.S. Rights Holders of Sound Recordings; Data Protection
LEBANON
	2001	Priority Watch List
	2002	Priority Watch List
	2003	Priority Watch List
	2004	Priority Watch List	Optical Disc and Cable Piracy; Pharmaceuticals; Slow and Inefficient Judiciary	Copyrights; Trademarks; Patents
	2005	Priority Watch List	Cable Piracy, Retail Piracy of Pre-Recorded Optical Discs, Computer Software Piracy, Pharmaceutical Counterfeiting, Inefficient Data Protection	Copyrights; Trademarks
	2006	Priority Watch List	Cable Piracy; Copyright Piracy on Internet; Pharmaceuticals	Copyrights, Patents
TURKEY
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Priority Watch List	Data Exclusivity; Pharmaceuticals; Piracy of Optical Media (burnt CD-Rs); Lack of Deterrent Penalties; Low Criminal Penalties; Counterfeiting in Apparel and Designer Brands; Weak Border Enforcement	Copyrights; Patents; Trademarks
	2005	Priority Watch List	Future Pharmaceutical Products; Agricultural Chemical Products; Commercial Photocopying of Books and Highly Organized Print Piracy; Street Piracy; Counterfeiting of Apparel and Designer Brands	Trademarks; Copyrights; Patents
	2006	Priority Watch List	Enforcement Against Book, Retail, and Optical Disc Piracy; Judicial Inefficiency and Backlogs of Court Cases; Pharmaceuticals (start of the period of protection and the inappropriate linkage of the term of data protection to the length of the patent term)	Copyrights; Patents
UKRAINE
	2001	Priority Foreign Country			Withdrew benefits under Generalized System of Preferences program in August 2001.
	2002	Priority Foreign Country			Imposed $75 million worth of sanctions in January of 2002.
	2003	Priority Foreign Country
	2004	Priority Foreign Country	Unauthorized Optical Media Production and Distribution; Major Transshipment Point; Production and Export of CD’s and CD-ROM’s; Lack of Cooperation of Law Enforcement; High Levels of Piracy and Trademark Counterfeiting	Trademarks; Copyrights
	2005	Priority Foreign Country	Failures to Implement Adequate Optical Disc Media Licensing Legislation; Border Enforcement; Criminal Penalties not Enough to Act as an Effective Deterrent	Trademarks, Copyrights	Commencement of Special 301 out-of-cycle review to monitor optical media law.
	2006	Priority Watch List	Border Enforcement; Lack of Criminal Penalties; Pharmaceutical & Agricultural Chemical Products; Remains a Transshipment Point and Storage Location for Illegal Optical Media Produced in Russia and Elsewhere	Patents, Copyrights	Reinstated benefits under GSP program. Implemented new OD amendments. Agreed to establish bi-monthly Enforcement Cooperation Group with the U.S. Embassy in Ukraine and U.S. industry representatives.
VENEZUELA
	2001	Watch List
	2002	Watch List
	2003	Watch List
	2004	Watch List	Pharmaceuticals; Minimal Prosecutions	Patents; Copyrights; Trademarks
	2005	Priority Watch List	Pharmaceutical and Agricultural Chemical Products; Minimal Prosecutions; Music, Film and Software Piracy; Inadequate Legislative Proposals	Trademarks, Copyrights and Patents
	2006	Priority Watch List	Copyright Piracy; Inadequate Legislative Proposals; Trademark Counterfeiting, Pharmaceuticals; Enforcement	Copyrights, Trademarks; Patents