Annual Intellectual Property Report Largely Unchanged
In an annual report about intellectual property challenges around the globe, the Office of the U.S. Trade Representative praised progress at the United Arab Emirates, and repeated concerns about dozens of countries' weak enforcement and policies it says are barriers to U.S. businesses. China, India, Russia, Argentina, Chile, Indonesia, Saudi Arabia, Ukraine and Venezuela spent another year on the USTR's "priority watch list" for intellectual property violations, while Algeria moved to the lower-intensity "watch list."
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On that larger watch list, most countries were unchanged, but the UAE graduated from the watch list because it improved enforcement against counterfeits both through Dubai Customs and by stricter oversight of a notorious market. It also improved IP protection of prescription drugs. Canada, which was removed from the watch list in 2019, (see 1904250021), returned in 2020 and stayed on in 2021.
"Significant concerns of Canada’s IP environment include poor enforcement with respect to counterfeit or pirated goods at the border and within Canada, high levels of online piracy, and inadequate transparency and due process regarding [geographical indicators] protected through free trade agreements. In particular, reports of enforcement levels suggest that Canadian authorities have yet to take full advantage of expanded ex officio powers," the report said.
The report focuses on border enforcement against counterfeits and criminal cases against counterfeit traders, online piracy, forced technology transfer, and inadequate trade secret protection.
In a press call with a senior USTR official, reporters asked about the U.S. position on a hot IP issue -- whether all countries should have the right to cancel the patent protection of vaccines or treatments for COVID-19. The official said that the U.S. respects the right of any country to do so under the public health emergency exemption to the Trade Related Aspects of Intellectual Property Rights (or TRIPS) agreement, suggesting that a broader TRIPS waiver is not necessary.