BSA and IIPA Make Special 301 Recommendations

(February 21, 2000) The BSA and IIPA made their annual recommendations to the USTR regarding placement of foreign countries on the "Special 301" list.

The International Intellectual Property Alliance (IIPA) and the Business Software Alliance (BSA) submitted their annual recommendations to U.S. Trade Representative (USTR) Charlene Barshefsky on February 18.

Section 301 is the statutory means by which the United States asserts its international trade rights, including its rights under WTO Agreements. In particular, under the "Special 301" provisions of the Trade Act of 1974, the U.S. Trade Representative identifies trading partners that deny adequate and effective protection of intellectual property or deny fair and equitable market access to U.S. artists and industries that rely upon intellectual property protection.

"The widespread proliferation of software piracy continues to plague the industry around the globe, resulting in lost jobs and opportunities in the global marketplace and in individual countries as well," said BSA CEO Robert Holleyman in a press release. "Certainly, the most effective tool available to stem the growth of piracy is the TRIPs agreement."

"Our Special 301 recommendations document an unfortunate, yet compelling story about inadequate copyright protection for creative works existing around the world," said Holleyman. "Opportunities in the new economy will not expand to their fullest potential without strong copyright protections. Efforts to ensure adherence to the TRIPs agreement is the cornerstone of this year’s filing."

"TRIPs compliance will ensure that WTO members enact strong copyright laws, establish effective enforcement provisions and just as important, actually apply those laws in practice."

The BSA and IITA recommend that Israel and the Ukraine be placed on the Priority Foreign Country list. They recommend that the PR of China and Paraquay be placed on the 306 Monitoring list. They also recommend that thirteen other nations be place on the Priority Watch List.

A total of 55 nations are on their recommended Special 301 lists. These recommendations are set out in the table below. (Source: IIPA.)

Eric Smith, President of the IIPA, stated in a press release that "Another critical priority is ratification of the WIPO ‘digital’ treaties negotiated in Geneva in 1996 and recently implemented in U.S. law. These treaties provide the essential legal framework for the continued spectacular growth of e-commerce in the next years by ensuring that valuable content is fully protected from piracy on the Internet."

Smith also stated that "the rise of the internet has enabled copyright pirates to reach any part of the world quickly and easily. While new, on-line technologies and media offer great opportunities to the copyright industries, the threats of piracy are enormous. Governments need to devise focused and comprehensive strategies to stem the rising tide of internet piracy."