Belarus violates the rights of US holders

• 1.05.2012, 10:49

Belarus violate intellectual property rights of US holders, according to United States Trade Representative (USTR).

Yesterday, USTR released its annual “Special 301” Report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights (IPR).

Thirteen countries –Algeria, Argentina, Canada, Chile, China, India, Indonesia, Israel, Pakistan, Russia, Thailand, Ukraine, and Venezuela – are on the Priority Watch List. These countries will be the subject of particularly intense bilateral engagement during the coming year.

Twenty-seven trading partners are on the Watch List, also meriting bilateral attention to address underlying IPR problems: Belarus, Bolivia, Brazil, Brunei, Colombia, Costa Rica, Dominican Republic, Ecuador, Egypt, Finland, Greece, Guatemala, Italy, Jamaica, Kuwait, Lebanon, Mexico, Norway, Peru, Philippines, Romania, Tajikistan, Turkey, Turkmenistan, Uzbekistan, and Vietnam.

“The United States remains concerned about Belarus’ implementation of the IPR commitments made under the United States-Belarus Trade Relations Agreement of 1993. Belarus took some steps in 2011 to strengthen IPR protection and enforcement, including notably the adoption of measures to liberalize foreign trade requirements, including with respect to IPR, and the enactment of the law on copyrights and related rights. In addition, the creation of the Customs Union with Kazakhstan and Russia has led to some improvements through the harmonization of regulatory principles for IPR, although more work in this area is necessary. Piracy and counterfeiting, however, remain widespread in Belarus, and IPR enforcement efforts continue to be weak and ineffective.

The United States encourages Belarus to enact regulations to implement the 2011 law on copyright and neighboring rights and continues to urge Belarus to provide its enforcement officials with ex officio authority to investigate cases, seize infringing goods, and prosecute IPR violations. Belarus should also provide adequate scope for ex parte searches. The United States continues to encourage Belarus to improve its copyright legal framework and to fully implement the WIPO Internet Treaties. The United States will continue to monitor Belarus’ progress on these and other matters, including efforts to implement provisions of the Custom Union Customs Code that authorize Belarus to grant ex officio authority to its customs officials, and to create a unified trademark registry,” - said in report.

“This year’s Special 301 Report is more significant than ever in light of recent U.S. Government data showing that IP intensive industries support as many as 40 million American jobs and up to 60 percent of U.S. exports. When trading partners don’t protect IPR, they threaten those critical jobs and exports”, - said United States Trade Representative Ron Kirk.