June 2000 News

Poland/IPR: Copyright Law Goes into Effect

Poland's new copyright law went into effect on July 22, 2000, having been signed into law by President Kwasniewski earlier this month. The law was designed to bring poland into compliance with its TRIPs obligations and to harmonize Polish law with that of the European Union. the law extends protection to pre-1973 sound recordings and criminalizes piracy. Those caught selling pirated optical discs and those caught producing pirated optical discs can be sentenced to up to two years and up to five years respectively.

New Information Source for U.S. Businesses To Learn About Possible Increases In U.S. Import Duties

Section 301 authorizes the United States Trade Representative to take responsive action when foreign countries fail to comply with the results of dispute settlement under international trade agreements, and in other situations involving unfair restrictions on U.S. exports. Such actions can include increasing U.S. import duties by 100 percent or more. To provide U.S. businesses with improved knowledge of impending U.S. government actions to increase import duties, the Department of Commerce has established an early warning mechanism called 301 Alert at www.ita.doc.gov/301alert. This new service of the Department of Commerce will help disseminate information on opportunities to comment by allowing SMEs to register with the web site and to receive automatic e-mail alerts about potential U.S. actions under Section 301. The web site will be particularly helpful to U.S. businesses given the passage of the Trade and Development Act of 2000. Section 407 of the Act, which is know as the "carousel legislation," requires the U.S. Government to periodically revise retaliation lists.

U.S. Initiates Dispute Settlement Consultations

Last week the United States requested dispute settlement consultations under the World Trade Organization with Argentina, Brazil, Romania and the Philippines. Argentina: On May 30, the U.S. filed consultation requests regarding alleged WTO TRIPS-inconsistent patent practices. Argentina's TRIPS obligations came into force on January 1, 2000. Brazil: On May 31, the U.S. raised two separate issues with Brazil. The first request for consultations is with regard to Brazil's 1996 industrial property law and its related measures. The U.S. alleges that it is inconsistent under Articles 27 and 28 of the TRIPs Agreement. The second request for consultations is with regard to Brazil's use of minimum import prices and whether they are consistent with Brazil's obligations under the Customs Valuation Agreement. Philippines: On May 24, the U.S. requested consultations to pursue ongoing complaints initiated in May against the Philippines over its Trade-Related Investment Measures (TRIMs) in its Motor Vehicle Development Program. Romania: On May 31, the U.S. requested consultations with Romania to determine whether Romania's use of minimum import prices violates its obligations under the WTO Customs Valuation Agreement

U.S. - Panama Sign Amended BIT

Ambassador Ferro And Panamanian Foreign Minister Aleman Signed The amended Bilateral Investment Treaty (BIT) On June 1st which replaces the 1992 BIT. This Enhances The previous BIT to include the International Center for Settlement of investment Disputes (ICSID) which provides facilities for U.S. Companies to seek arbitration of disputes with the government of Panama. The original treaty only allowed for the ICSID Additional Facility to be utilized because at the time the BIT was concluded, Panama was not a member of ICSID. Panama's membership to the ICSID went into force in 1996.

UPDATE: Australian Parliament Enacts Legislation to Make Bribes Non-Tax Deductible

On May 31, 2000 new legislation, finally styled as ""Taxation Laws Amendment (No.2) 2000"", which amends the Australian Income Tax Assessment Act 1997 to explicitly disallow deducting losses or payments that are a ""bribe to a foreign public official"", was enacted and became effective.The legislation also explicitly covers the non-deductibility of bribes to australian officials. (See Australian Parliament Moves to Make Bribes Non-Tax Deductible, 22 May 2000)