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In recognition of the Polish Government's demonstrated willingness to address U.S. intellectual property rights (IPR) protection concerns and the progress it achieved over the last year -- especially in the area of copyright protection -- Poland has been moved to the "Special 301" Watch List. U.S. Trade Representative Robert B. Zoellick announced this on May 3 in releasing the U.S. Government's annual "Special 301" report on the adequacy and effectiveness of IPR protection in the United States' trading partners around the world on May 3.
Poland was elevated to the Priority Watch List in 2003 for three main reasons:
1) the general level of IPR protection was not improving, in part because of inadequate border controls and the rapid growth of domestic optical disc production capacity;
2) the lack of political will to shut down the outdoor market in the Government-owned Warsaw Stadium, where pirated and counterfeit goods were abundant; and
3) Polish law's failure to provide adequate protection for pharmaceutical test data. Over the last 12 months, Poland initiated raids to combat high levels of piracy and counterfeiting at the Warsaw Stadium, strengthened its copyright law, passed legislation to regulate optical disc production, and acceded to the two WIPO Internet Treaties.
To ensure continued progress, the U.S. Government will conduct an
out-of-cycle review (OCR) this fall. The OCR will focus on Poland's
further actions in all of the following areas:
1) strengthening anti-piracy and anti-counterfeiting measures at the Warsaw Stadium and continuing effective raids and prosecutions against piracy and counterfeiting activities across the country;
2) strengthening the protection of test data submitted by innovative pharmaceutical companies;
3) taking substantive steps to implement a coordination mechanism between the Health Ministry and the Patent Office to prevent violations of pharmaceutical patents;
4) strengthening border enforcement;
5) signing into law and implementing new copyright amendments and optical disc regulations; and
6) taking concrete, effective steps to strengthen domestic enforcement of IPR. Other significant developments related to IPR will also be considered during the review.
For more information, please read the press release as well as the full report
For more general information about U.S. policy on IPR issues, please click here
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