USTR-2016-Special-301-Report.pdf - 1 2016 Special 301...

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2016 Special 301 ReportAcknowledgementsThe Office of the United States Trade Representative is responsible for the prepa-ration of this Report. United States Trade Representative Michael Froman grate-fully acknowledges the contributions of staff to the writing and production of this Report, and extends his thanks to partner agencies, including the following Departments and agencies: State; Treasury; Justice; Agriculture; Commerce, in-cluding the International Trade Administration and the United States Patent and Trademark Office; Labor; Health and Human Services, including the Food and Drug Administration; Homeland Security, including Customs and Border Protec-tion, Immigration and Customs Enforcement, and the National Intellectual Prop-erty Rights Coordination Center; and the United States Agency for International Development. Ambassador Froman also recognizes the contributions of the In-tellectual Property Enforcement Coordinator as well as those of the United States Copyright Office.In preparing the Report, substantial information was solicited from U.S. Em-bassies around the world, from U.S. Government agencies, and from interested stakeholders. The draft of this Report was developed through the Special 301 Sub-committee of the inter-agency Trade Policy Staff Committee.April 2016
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Contents1Executive Summary7Section I: Developments in Intellectual Property Rights Protection, Enforcement, and Related Market Access29Section II: Country Reports29Priority Watch List50Watch List65Annex 1: Special 301 Statutory Basis67Annex 2: United States Government-Sponsored Technical Assistance and Capacity Building
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1Executive SummaryThe Special 301 Report (Report) is the result of an annual review of the state of intellectual property rights (IPR) protection and enforcement in U.S. trading part-ners around the world, which the Office of the United States Trade Representative (USTR) conducts pursuant to Section 182 of the Trade Act of 1974, as amend-ed by the Omnibus Trade and Competitiveness Act of 1988, the Uruguay Round Agreements Act, and the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. § 2242).This Report reflects the Administration’s continued resolve to encourage and maintain adequate and effective IPR protection and enforcement worldwide. The Report identifies a wide range of concerns, including: (a) the deterioration in IPR protection and enforcement in a number of trading partners; (b) reported inad-equacies in trade secret protection in China, India, and elsewhere; (c) troubling “indigenous innovation” policies that may unfairly disadvantage U.S. right holders in markets abroad; (d) the continuing challenges of online copyright piracy; (e) measures that impede market access for U.S. products embodying IPR and U.S. entities that rely upon IPR protection; and (f) other ongoing, systemic IPR enforce-ment issues in many trading partners around the world.

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