The United States, like many countries, faces healthcare challenges, including with respect to aging populations and rising health care costs. The United States shares the objective of continued improvement in the health and quality of life of its citizens, and the objective of delivering efficient, responsive, and cost-effective high-quality health care to its population. The United States looks forward to engaging with its trading partners on the concerns noted above.
Implementation of the WTO TRIPS Agreement
The TRIPS Agreement, one of the most significant achievements of the Uruguay Round (1986-1995), requires all WTO Members to provide certain minimum standards of IPR protection and enforcement. The TRIPS Agreement is the first broadly-subscribed multilateral IPR agreement that is subject to mandatory dispute settlement provisions.
Developed country Members were required to implement the TRIPS Agreement fully as of January 1, 1996. Developing country Members were given a transition period for many obligations until January 1, 2000, and in some cases, until January 1, 2005. Nevertheless, certain Members are still in the process of finalizing implementing legislation, and many are still engaged in establishing adequate and effective IPR enforcement mechanisms.
Recognizing the particular challenges faced by least-developed country (LDC) Members, the United States has worked closely with them and other WTO Members to extend the implementation date for these countries. On June 11, 2013, the TRIPS Council reached consensus on a decision to again extend the transition period under Article 66.1 of the TRIPS Agreement for LDC Members. Under this decision, LDC Members are not required to apply the provisions of the TRIPS Agreement, other than Articles 3, 4 and 5, until July 1, 2021, or until such a date on which they cease to be a LDC Member, whichever date is earlier. Additionally, the LDC Members have until 2016 to implement their TRIPS Agreement obligations for patent and data protection for pharmaceutical products, as proposed by the United States at the Doha Ministerial Conference of the WTO.
The United States participates actively in the WTO TRIPS Council's scheduled reviews of WTO Members' implementation of the TRIPS Agreement and also uses the WTO's Trade Policy Review mechanism to pose questions and seek constructive engagement on issues related to TRIPS Agreement implementation.
WTO Dispute Settlement
The United States continues to monitor the resolution of disputes announced in previous Special 301 reviews. The most efficient and preferred manner of resolving concerns is through bilateral dialogue. Where these efforts are unsuccessful, the United States will not hesitate to use the WTO dispute settlement procedures, as appropriate.
In April 2007, the United States initiated dispute settlement procedures relating to deficiencies in China's legal regime for protecting and enforcing copyrights and trademarks on a wide range of products. In March 2009, the WTO Dispute Settlement Body (DSB) adopted a panel report that upheld two of the claims advanced by the United States, finding that (1) China's denial of copyright protection to works that do not meet China's content review standards is impermissible under the TRIPS Agreement; and (2) China's customs rules cannot allow seized counterfeit
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