Page:Special 301 Report 1996.pdf/15

 Government needs to intensify its anti-piracy efforts, particularly to combat sound recording and book piracy. Deficiencies in its patent and trademark regime include compulsory licensing provisions, working requirements, inadequate protection of pharmaceutical patents, and lack of protection from parallel imports.


 * The Philippines has made progress improving its enforcement efforts against intellectual property piracy, as promised in our 1993 bilateral IPR agreement. While the legislative commitments of that agreement have not yet been fulfilled, the Philippines Congress is currently considering legislation that would go beyond the 1993 commitments and make its major IPR laws TRIPs consistent. The Administration looks to the Government of the Philippines to 1) enact this legislation quickly and 2) continue progress in eliminating the use of pirated software in government agencies. In anticipation of progress in both of these areas, an out-of-cycle review will occur in October.

The United States continues to monitor implementation and enforcement of rights provided under the copyright law enacted in February 1994. The United States notes that the national treatment obligations of the TRIPs Agreement now obligate Poland to provide full protection for foreign sound recordings. The Administration will monitor carefully to ensure that such protection is now provided.

The has fulfilled some of its obligations under the 1992 U.S.-Russia Trade Agreement, namely passage of intellectual property protection laws and adherence to the Berne and Geneva Conventions. However, extensive piracy of U.S. video cassettes, films, music, recordings, books, and computer software considerably overshadows these legislative developments. Initial real enforcement efforts have begun only recently. Russia's failure to combat aggressively the rampant and increasing piracy of U.S. intellectual property must be remedied immediately. An "out-of-cycle" review in December will monitor Russia's effort to (1) put in place meaningful criminal penalties and (2) provide retroactive protection for artistic and literary works and sound recordings. Other issues to be reviewed for progress include improved trademark protection for well-known marks. Finally, a side letter to our bilateral trade agreement on compulsory licensing of patents is long overdue for signature.

has made progress in improving its enforcement activities against copyright piracy, particularly for motion pictures and sound recordings. However, serious copyright problems remain particularly regarding computer software piracy, including end-user piracy. Saudi Arabia's copyright law contains deficiencies making it incompatible with international standards, including an inadequate term of protection. It is important that existing efforts be maintained and that further improvements occur, particularly in terms of software enforcement. To ensure that such progress is maintained, an out-of-cycle review will occur in September.

Although Singapore has a good record of protecting intellectual property, its copyright law is not TRIPs consistent. Outstanding issues include lack of rental rights for sound recordings and software, inadequate protection against making bootleg copies of musical