Which Countries Earned Failing Grades in IP Protection?
When it comes to safeguarding intellectual property, some countries do it better than others. In its annual report, the U.S. Trade Representative (USTR) recently flagged several U.S. trading partners that are failing to adequately protect or even acknowledge IP rights of owners.
According to the report, intellectual property right (IPR) protection, enforcement, and market access for persons relying on IPR is declining in several countries. The “Priority Watch List” includes Algeria, Argentina, Chile, China, India, Indonesia, Kuwait, Russia. Thailand, Ukraine, and Venezuela.
Who was Reviewed?
In total, the U.S. Trade Office reviewed 72 trading partners in its 2016 Special 301 Report. The lower-level watch list includes 23 countries: Barbados, Bolivia, Brazil, Bulgaria, Canada, Colombia, Costa Rica, Dominican Republic, Ecuador, Egypt, Greece, Guatemala, Jamaica, Lebanon, Mexico, Pakistan, Peru, Romania, Switzerland, Turkey, Turkmenistan, Uzbekistan and Vietnam.
China and India are frequently on the USTR’s watch list, with China earning a spot in each of the 27 years the report has been issued. While the Section 301 Report notes that China has implemented a series of IP reforms, it also states:
[P]rogress toward effective protection and enforcement of IPR in China is undermined by unchecked trade secret theft, market access obstacles to ICT [information and communications technology] products raised in the name of security, measures favoring domestically owned intellectual property in the name of promoting innovation in China, rampant piracy and counterfeiting in China’s massive online and physical markets, extensive use of unlicensed software, and the supply of counterfeit goods to foreign markets.
More from Section 301
The Section 301 Report also acknowledges that India has worked to strengthen its IP laws. However, it also raised a number of new concerns, including India’s proposed Patent Rule Amendments. According to the USTR, the proposed patent law changes would “introduce concerning new incentives to pressure patent applicants to localize manufacturing in India and require the submission of sensitive business information to India’s Patent Office.”
The Section 301 Report also highlights several other issues of particular concern to the U.S. pharmaceutical industry. They include:
irregularities in the application of Section 3(d) of India’s Patents Act;
the lack of an effective system for protecting against unfair commercial use, as well as the unauthorized disclosure, of undisclosed test or other data generated to obtain marketing approval for pharmaceutical products;
the lack of an effective system for notifying interested parties of marketing approvals for generic pharmaceuticals in a manner that would allow for the early resolution of potential patent disputes.
Finally, the most surprising addition to the IP watch list is Switzerland. According to the report, the country earned a spot of the list due to U.S. concerns regarding Switzerland’s system of online copyright protection and enforcement.
In Conclusion
…businesses and owners of creative works must take a number of factors into consideration prior to entering a new market, including intellectual property protection.
As mentioned in the report, a 2010 ruling by the Swiss Federal Supreme Court prohibited an anti-piracy company from tracking copyright trolls and effectively deprived copyright holders in Switzerland of the means to enforce their rights against online infringers. Since the decision, Switzerland has become an increasingly popular host country for infringing websites.
As the report highlights, New Jersey businesses and owners of creative works must take a number of factors into consideration prior to entering a new market, including intellectual property protection. While the global economy provides a number of new opportunities for small businesses, future success can be impacted by the ability to secure international protection of their patents, trademarks, copyrights, and trade secrets.
Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool
For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know
In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]
Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
