Page:Special 301 Report 2009.pdf/5



The "Special 301" Report is an annual review of the global state of intellectual property rights (IPR) protection and enforcement, conducted by the Office of the United States Trade Representative (USTR) 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).

This Report reflects the Administration's resolve to encourage and maintain effective IPR protection and enforcement worldwide:

 The report highlights positive accomplishments, such as sustained efforts by trading partners such as the Republic of Korea (Korea) and Taiwan, both of whom have been removed from the Watch List, and a positive outcome in a U.S. World Trade Organization (WTO) dispute settlement case against China.

The report notes continuing serious concerns in countries such as China and Russia. But it also credits positive steps by those trading partners, such as Russia's accession to the WIPO Internet Treaties.

The report identifies growing concerns with some trading partners, such as Algeria, Canada, and Indonesia, and with some key challenges, such as Internet piracy. 

In the year ahead, USTR looks forward to working with our trading partners to address emerging and continuing concerns and build on the positive results achieved thus far.

The Special 301 designations and actions announced in this Report are the result of close consultations with affected stakeholders, foreign governments, and Congressional leaders, as well as interagency discussions within the United States Government. USTR requested written submissions from the public through a notice published in the Federal Register on January 23, 2009. Submissions were made available to the public at www.regulations.gov, docket number USTR-2009-0001.

The 2009 Special 301 review process examined IPR protection and enforcement in 77 countries. Following extensive research and analysis, USTR designates the following 46 countries in this year's Special 301 Report in the categories of Priority Watch List, Watch List, and/or Section 306 Monitoring status:

Priority Watch List: China, Russia, Algeria, Argentina, Canada, Chile, India, Indonesia, Israel, Pakistan, Thailand, Venezuela

Watch List: Belarus, Bolivia, Brazil, Brunei, Colombia, Costa Rica, Czech Republic, Dominican Republic, Ecuador, Egypt, Finland, Greece, Guatemala, Hungary, Italy, Jamaica, Kuwait, Lebanon, Malaysia, Mexico, Norway, Peru, Philippines, Poland, Romania, Saudi Arabia, Spain, Tajikistan, Turkey, Turkmenistan, Ukraine, Uzbekistan, and Vietnam

Section 306 Monitoring: Paraguay