Page:Special 301 Report 1992.pdf/7

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Australia was placed on the Priority Watch List under the market access provisions of the statute for limiting U.S. audiovisual exports. Australia maintains a quota on Australian-origin television programming from 6 a.m. to midnight (this quota will rise to 50 percent in 1993) as well as local content requirements for television commercials. In addition, we are concerned about the level of protection Australia provides to sound recordings and textbooks.

Brazil was placed on the Priority Watch List in 1989 for serious deficiencies in its patent law, including failure to provide process or product patent protection for foodstuffs, and pharmaceuticals. A new law on patents and trademarks was introduced in May 1991, but the proposed law contains serious deficiencies and the Brazilian Congress has yet to take action. In addition, losses from piracy in the video and computer software areas are significant. Although some market access restrictions on computer software continue in place, there has been improvement.

The European Community was placed on the Priority Watch List for market access restrictions that limit U.S. audiovisual exports. The EC Broadcast Directive, requires EC member states to ensure "where practicable" that TV broadcasters reserve a majority of broadcast time for European works. The Directive took effect on October 3, 1991.

Egypt was placed on the priority watch list because of deficiencies in its patent, copyright and related laws, as well as significant enforcement problems. Piracy in Egypt affects all categories of works. Motion pictures (in video cassette format), sound recordings, printed matter (notably medical textbooks), and computer software are especially vulnerable. Egypt's copyright law is insufficient in may respects. It does not specifically protect sound recording and computer programs, terms of protection are too short and penalties are too weak. Long-promised comprehensive amendments to the copyright law have still not been submitted to the People's Assembly for approval, and it is unclear that they will address of the law's deficiencies. In addition, Egypt's quotas on imports of video cassette titles and theater films continue to impede U.S. film access to the Egyptian market. There are several provisions in the Egyptian patent law that do not meet modern standards of intellectual property protection. These include limits on patentable subject matter, insufficient term of protection, restrictions on rights conferred by patents, and excessive use of compulsory licensing and forfeiture. Although the Egyptian government stated in 1989 that a new patent law was under consideration, the government to date has not yet submitted legislation.

Hungary is the only major formerly centrally planned economy which has failed to conclude a bilateral agreement with the United States on the protection of intellectual property. Hungary does not