12 February 2002
Source: http://usinfo.state.gov/cgi-bin/washfile/display.pl?p=/products/washfile/latest&f=02021202.clt&t=/products/washfile/newsitem.shtml


US Department of State
International Information Programs

Washington File
_________________________________

12 February 2002

Larson Sees Growing Appreciation for Intellectual Property Rights Laws

(Testimony at Senate Foreign Relations Committee) (3050)

Economic self-interest is becoming an important factor in enhancing
protection overseas for patents, copyrights, trademarks, industrial
designs and other forms of intellectual property, says U.S. Under
Secretary of State for Economic, Business and Agricultural Affairs
Alan Larson.

U.S. trading partners "are coming to understand that their future
growth and development depends in large part on their becoming active
players in the knowledge-based economy," Larson said in the February
12 testimony before the Senate Foreign Relations Committee.

"They also are coming to appreciate that strong intellectual property
protection is necessary to create an attractive investment climate,"
he said.

U.S. trade law includes a "Special 301" provision that requires the
Office of the U.S. Trade Representative (USTR) to identify countries
that do not provide adequate protection for intellectual property
rights (IPR) or that deny fair and equitable market access for U.S.
persons who rely on IPR.

Larson said the focus of this year's Special 301 review would be the
growing problem of piracy of optical media, such as music CDs, video
CDs, CD-ROMs and DVDs.

He described optical media theft as a "pernicious" form of piracy that
spreads quickly in the absence of firm action to keep illicit
operators out of business. But Larson added that illicit operators
"can be stopped if governments are willing to act -- as did the
government of Bulgaria several years ago."

U.S. efforts to help the government of Ukraine close down pirating
facilities have been less successful, resulting in the recent
imposition of trade sanctions against that country, Larson said.

Other IPR priorities for the coming year include implementing
initiatives to combat computer software piracy, he said. The State
Department is also working closely with USTR and other agencies to
ensure compliance with the World Trade Organization (WTO) Agreement on
Trade-Related Aspects of Intellectual Property Rights, commonly known
as TRIPS. For developing country members of the WTO, TRIPS obligations
came due on January 1, 2000.

Larson outlined a series of U.S. efforts to help these countries
improve their intellectual property regimes. These include academic
and business exchanges, and IPR training. From 1999-2001 the U.S.
Agency for International Development (USAID) has provided $7.1 million
to help developing and transition countries implement the TRIPS
agreement, he said.

Following is the text of Larson's testimony as prepared for delivery:

(begin text)

Testimony of Alan Larson
Under Secretary of State
for Economic, Business and Agricultural Affairs

before the
Senate Committee on Foreign Relations
Washington, D.C.
February 12, 2002

Thank you for the opportunity to meet with you today to discuss
intellectual property policy and enforcement. The United States is a
knowledge-based, innovation-driven economy. The protection of
intellectual property rights is critically important to our prosperity
and economic leadership.

The Department of State is fully committed to the Administration's
goal of advancing the protection of intellectual property worldwide.
At all levels of the Department, we are actively engaged in a
cooperative effort that involves other Washington agencies, the
private sector, and foreign governments.

What I would like to do today is to touch on some recent trends in
intellectual property protection, and then describe briefly the role
of the Department of State.

Recent Trends in Intellectual Property Protection

In assessing the state of intellectual property protection overseas,
we see two complementary and positive trends in recent years. First,
we observe a significant, if not readily quantifiable, increased
appreciation of the benefits inherent in effective protection of
intellectual property. More and more of our trading partners are
coming to understand that their future growth and development depends
in large part on their becoming active players in the knowledge-based
economy. They also are coming to appreciate that strong intellectual
property protection is necessary to create an attractive investment
climate. In short, economic self-interest is becoming a very important
factor in enhancing intellectual property protection overseas.

Recent statistics about our own economy are illustrative. The
copyright industries now account for about five percent of our GDP,
and this sector has grown at twice the rate of the rest of the U.S.
economy. The positive impact of intellectual property protection can
also be seen in India's emergence as a dynamic competitor in the
world's computer software sector after that country adopted higher
levels of copyright protection. However, Indian scientists do not yet
enjoy similar levels of patent protection for pharmaceutical products.
As a result, domestic innovation and growth in that sector remain
stymied.

Although much more remains to be done, we believe we have made
tangible progress in improving the level of intellectual property
protection around the world. Many developing country World Trade
Organization (WTO) Members have passed domestic legislation and begun
to implement enforcement measures to comply with their obligations
under the WTO Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS).

On September 10, 1998, I testified before this Committee in support of
the so-called "Internet" Treaties administered by the World
Intellectual Property Organization (WIPO). The Senate did promptly
give its advice and consent to these treaties. As a result, they
expand the protection afforded by the TRIPS Agreement to the new
technological environment and provide a legal framework to facilitate
the further development of electronic commerce.

I thank the Committee for its quick action. I am pleased to note the
WIPO Copyright Treaty has been ratified by enough governments for it
to enter into force in March. We continue to urge other governments to
ratify as well the companion WIPO Performances and Phonograms Treaty.

Although the trends for effective intellectual property protection are
positive, significant challenges remain. A key focus of this year's
Special 301 review under its chairmanship by the Office of the U.S.
Trade Representative (USTR) will be the growing problem of piracy of
optical media (music CDs, video CDs, CD-ROMs, and DVDs).

This pernicious form of piracy spreads quickly, infecting whole
regions unless strong and effective measures are taken to prevent
illicit operators from setting up shop. But it can be stopped if
governments are willing to act -- as did the Government of Bulgaria
several years ago.

When the pirates moved into new fields of opportunity in Ukraine, the
Department and our Embassy in Kiev began working intensively with
USTR, other government agencies and the private sector to press the
Government of Ukraine to close down pirating facilities. For a time,
our joint efforts were somewhat successful, but the commitment of the
Government of Ukraine unfortunately did not last. Last year's
designation of Ukraine as a Priority Foreign Country and the recent
imposition of sanctions sends a strong signal that we will not
tolerate wanton piracy of our intellectual property.

Another priority will be implementing initiatives to proactively
combat computer software piracy. The Department of State is working
closely with USTR and the private sector to get our trading partners
to require government ministries and offices to use only authorized
software.

In addition, we are working closely with USTR and other Washington
agencies to help ensure that WTO Members comply fully with their
legislative and enforcement obligations under the TRIPS Agreement.
These obligations came due for developing countries on January 1,
2000.

The success we achieve through these and other intellectual property
initiatives depends on the close and constructive relationship we
enjoy with the private sector. The progress we have made to date has
been and will continue to be a joint enterprise.

The State Department's Role in Intellectual Property Policy and
Enforcement

The Department of State has as its primary mission using U.S. foreign
policy tools to protect Americans' security and prosperity. The
protection of intellectual property abroad figures prominently among
our international economic objectives. Our Ambassadors and embassy
country teams around the world are devoted to promoting the protection
of intellectual property, by mobilizing U.S. Government agencies in
the field, host government officials and the private sector.

Internal Preparation

New Foreign Service officers learn about the Department's policy in
this area as they enter on duty. Members of each orientation class are
briefed on the importance of intellectual property protection, and the
key place it occupies in our international economic policy agenda.

We also provide intellectual property training as part of our mid and
senior level professional courses. Specialized training for economic
officers includes instructional modules on intellectual property.
Working with our colleagues from the U.S. Patent and Trademark Office
(USPTO) and the Copyright Office of the Library of Congress (Copyright
Office), we also provide a stand-alone course on intellectual property
that is geared specifically to economic officers being assigned to
positions in countries where intellectual property issues are
particularly challenging.

Chiefs of Mission and Deputy Chiefs of Mission are briefed on
intellectual property issues before assuming their duties. They and
Economic officers headed to overseas posts receive briefings from
other agencies and the private sector. A number of representatives
from the intellectual property organizations we receive briefings from
are testifying before the Committee today.

Finally, I have made it a practice to meet with outgoing Chiefs of
Mission. The importance of intellectual property protection is high on
my agenda in all these sessions.

Cooperative Activities

The Department of State plays a strong role in the annual USTR-led
Special 301 review of country intellectual property practices.
Participating agencies rely heavily on the accurate, up-to-date
information we receive from our posts abroad. The objective of the
review is not simply to give our trading partners an intellectual
property report card. Rather, we seek to employ Special 301 to
leverage real progress with host governments. In this regard, our
Ambassadors and embassy officers overseas play a critical role. They
are well positioned to effectively convey our views and they have the
on-the-ground contacts needed to work the issues with host governments
and the private sector.

Our participation in the Special 301 process is a year-long commitment
to bilateral engagement with countries worldwide. Our posts are
continuously looking for ways to bring together all parties of the
intellectual property community, and to help them work together more
effectively.

With growing evidence of links between intellectual property crime,
organized crime and funding for terrorist activities, embassy country
teams are seeking to foster closer ties between U.S. Government
agencies and the foreign counterparts who work these enforcement
issues.

Another focus of the Department of State's work is our active
participation in international negotiations. At the WTO Ministerial in
Doha, I worked closely with my USTR colleagues and the private sector
to reach agreement on a Declaration on TRIPS and Public Health. The
Declaration fended off efforts to weaken TRIPS by reaffirming the
commitment of WTO Members to the TRIPS Agreement and by drawing
attention to the flexibilities the Agreement already affords WTO
Members in pursuing their public health objectives.

The Department of State has joined with other U.S. Government agencies
in working closely with the World Intellectual Property Organization
(WIPO). In addition to establishing new norms in the area of
intellectual property, one of the Treaties administered by WIPO saves
our inventors and innovators countless dollars as well as time in
registering patents overseas. WIPO also provides a valuable service in
training developing countries to improve their intellectual property
regulatory regimes. WIPO's efforts include those taken in cooperation
with U.S. Government agencies and the U.S. private sector.

Training, Technical Assistance and Public Diplomacy

As developing countries strive to improve their intellectual property
regimes, the U.S. Government and the private sector are receiving an
increasing number of requests for intellectual property training and
technical assistance.

The U.S. Agency for International Development (USAID) estimates it
provided $7.1 million in assistance over the period 1999-2001 to
developing and transition countries to support their implementation of
the TRIPS Agreement. The Department of State's Bureau of International
Narcotics and Law Enforcement allocated about $377,000 for IPR
training in FY 2001. Our Bureau of Educational and Cultural Affairs
brings to the United States officials, academics, journalists and
business people from developing countries to show them the benefits of
protecting intellectual property rights -- thereby creating advocates
for stronger intellectual property protection.

The U.S. Customs Service, USPTO, the Federal Bureau of Investigation,
the Department of Justice, the Department of Commerce, the Copyright
Office, and USTR participate in these training and assistance
activities by providing experts for programs funded by USAID, the
Department of State, and by their own budgets. U.S. industry also
funds and provides significant amounts of training to developing
countries.

The Department of State chairs an Intellectual Property Rights
Training Coordination Group that is working with other U.S. agencies
and the private sector to prioritize program proposals and to ensure
we get the most out of our training and assistance investments. It
responds to training and assistance recommendations from both our
embassies overseas and industry. To enable government and the private
sector to more effectively pool their efforts, the Group is working to
improve a database of training programs. Examples of some of these
programs include:

-- Seminars sponsored by USAID for the Jordanian public and private
sector on benefits of intellectual property protection, and training
for Jordanian judges on intellectual property laws.

-- International Law Enforcement Academies' IPR enforcement programs,
where State provides the facility and program funding and U.S.
Government enforcement agencies provide the substantive expertise.

-- Conferences sponsored by the Department of Commerce under its
Commercial Law Development Program (CLDP), which bring in officials
from foreign governments. A recent conference in Croatia included
officials from Albania, Bosnia and Herzegovina, Bulgaria, Croatia, FYR
Macedonia, and Romania.

-- Twice-annual Intellectual Property Enforcement and substantive
intellectual property rights programs, both sponsored by USPTO in
Washington, D.C. The Department of State, through its posts worldwide,
assists the USPTO by locating eligible candidates for both programs.

Our embassies and consulates also have hosted assistance programs
sponsored by the private sector. For example, in Bulgaria, the Motion
Picture Association of America (MPAA) sponsored a program to train
border control police and customs officers on identification of
pirated product. In Croatia, the Business Software Alliance (BSA)
provided training on software piracy for Croatian trade inspectors.

Some of the most effective training programs are educational efforts
organized or sponsored by the Department of State's public diplomacy
corps. A recent example of this was a conference organized by the
Public Affairs Section of our Consulate General in Sao Paulo, Brazil.
The purpose of the conference was to explore ways to combat piracy in
the Brazilian market, including better training and public/private
collaboration.

The conference was itself a shining example of the partnering that is
possible with the private sector. The Consulate General staff worked
with the Brazilian government and industry representatives to organize
the conference, drawing in law enforcement officials, representatives
of anti-piracy groups, and leaders from the entertainment and software
industries. The value of this conference -- and this type of
initiative -- was confirmed by positive post-conference comments from
both MPAA and the Recording Industry Association of America (RIAA).

Other examples of public diplomacy efforts include:

-- Sponsoring officials from developing countries to travel to the
United States as part of the State Department's International Visitors
Program to study intellectual property protection in the United
States. As part of their program agendas, these officials receive
specific training from such agencies as USPTO, the U.S. Customs
Service, the Copyright Office, and the Department of Justice.

-- Sending intellectual property experts abroad as speakers to various
developing countries.

-- Hosting our widely appreciated WorldNet interactive
videoconferences, which enable intellectual property experts to reach
broad public and private sector audiences in several countries at the
same time.

-- Creating an intellectual property web site for foreign audiences
which will include key reports, international agreements, links to
relevant U.S. Government web sites, fact sheets, and original articles
on current intellectual property issues. This web page will be
launched today. Its url address is:
http://usinfo.state.gov/topical/econ/ipr.

Success Stories

The educational work of our embassies and consulates, their reporting
and their interventions with foreign government officials have helped
the U.S. Government in many other instances to advance intellectual
property protection. Following are several examples:

In Hong Kong, persistent efforts on the part of consulate officers
paid off when authorities passed a good optical disk law, shut down
pirating production lines and drove pirating distributors out of
business.

In Singapore, embassy interventions convinced the local authorities to
shut down "night markets" which sold pirated merchandise.

In Greece, ambassadorial pressure in a sustained campaign played a key
role in convincing the government to pass tougher enforcement laws. As
a result, audiovisual piracy -- specifically TV stations showing
movies without paying royalties -- has declined from $100 million to
near zero.

In the UAE, repeated representations by the Ambassador resulted in
successful raids on stores selling pirated computer software. Also,
the Ambassador received the Department's Charles E. Cobb Award for
helping the UAE and the Pharmaceutical Research and Manufacturers of
America (PhRMA) reach agreement ending UAE piracy of U.S.
pharmaceutical products.

In Slovenia, embassy interventions, using Special 301 as leverage,
convinced the government to pass legislation protecting test data
submitted to obtain marketing approval for pharmaceuticals.

In Paraguay, embassy efforts helped convince the government to accede
to both the WIPO Copyright Treaty and the WIPO Performances and
Phonograms Treaty. The officer who led this effort received the
Department's Charles E. Cobb, Jr. Award for Initiative and Success in
Trade Development.

In South Africa, embassy initiatives led to the founding of a group
representing all intellectual property industries and companies in the
country. The group then developed ways for customs agents at remote
borders to better identify counterfeit goods.

In Argentina, the Deputy Chief of Mission was honored by PhRMA for his
outstanding support as a determined advocate for adequate and
effective intellectual property protection for pharmaceutical products
in that country.

Conclusion

The State Department's contribution to intellectual property
protection rests in large part on our ability and commitment to work
with all relevant parties, public and private, both here and abroad.
We welcome this broad responsibility and opportunity. The challenge
for the United States and for other countries throughout the world to
strengthen their "innovation economies" relies not only on protection
of intellectual property, but also on the free flow of information and
ideas that is characteristic of democracy.

(end text)

(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)