September 2000 News

Oman: Two WTO Accession-Related Royal Decrees Announced; IPR Enforcement Continues

On September 24, Omani media announced the issuance of two new WTO-related royal decrees, which will be released in the October 1, 2000 issue of the Official Gazette. The first decree promulgates the new patent law and instructs the Minister of Commerce and Industry to issue the required regulations and decisions to implement it, while the second decree promulgates the customs valuation law for imported goods.Oman recently began enforcing the second phase of the IPR law, i.e., the ban on the use of pirated software in the business community. The Ministry of National Heritage published a warning message last week, followed almost immediately by raids on suspected businesses. On September 24, the press reported that the ministry had raided a leading contracting company using pirated software, finding illegal programs loaded on 15 PCs at the company's premises. Under Oman's new copyright laws, the company may face a fine equalling as much as US$5,200, seizure of its computers and closure of its premises, and employees may face prison sentences.

OECD Antibribery Convention Updates — Polish Ratification and Implementing Legislation

The Polish instrument of ratification for the OECD Antibribery Convention was deposited September 8, 2000 with the OECD Secretariat. The implementing legislation was passed by the Sejm (lower house of Parliament) on September 9, 2000. The Senate approved the bill without changes on September 22, 2000. The upon receipt of the bill, the President will have three weeks to sign the legislation.

OECD Antibribery Convention Updates — Denmark's Ratification Instrument Deposited with OECD

The Danish ratification instrument for the OECD Antibribery Convention was deposited with the OECD on September 5, 2000 and the OECD confirmed its receipt on September 13, 2000

Pesticide Usage Banned in the Netherlands

The Dutch government has passed a bill banning eleven pesticides within four to five years. Although almost one hundred pesticides have been banned since 1995, these eleven remaining pesticides have no alternative on the market. Therefore farmers have been given another four to five years to legally use them. To this point, they will only be banned for domestic use in the Netherlands and not on imported goods. The eleven banned pesticides

OECD Antibribery Convention: French Implementation Completed

France deposited its instruments of ratification of the December 17, 1997 OECD Antibribery Convention with the Secretary-General of the OECD on July 31, 2000. This completes an implementing process which lasted 7 months, resulting in the adoption on June 20, 2000 by the National Assembly of the GOF draft implementing legislation on its third and final reading. The OECD Convention will become enforceable in France on September 29, 2000, 60 days after the instruments of ratification have been deposited with the OECD. Implementing legislation, which outlaws past and future bribes and their tax deductibility, is code contained in Articles 435-3 and 435-4 of a new chapter on international corruption of the French penal code.

Malaysia: Optical Disc Act Gazetted

Malaysian Domestic Trade and Consumer Affairs (MDTCA) Minister Muhyiddin gazetted the Optical Disc Act 2000 on September 15. Muhyiddin told the press that, under the new act, optical disk manufacturers would have to apply for licenses from both the Ministry of International Trade and Industry (MITI) and MDTCA within six months. Reportedly, manufacturers will be given an additional six months to comply with the new regulations.

France: Giant Leap for Telecom Competition

On September 12, the French Government published its long-awaited decree forcing France Telecom (FT) to grant competitors direct access to its local telephone lines (i.e., "unbundling" of the local loop). The following day, Industry/Telecoms Minister Christian Pierret told the press that one of his primary goals will be to ensure that rental charges for FT's lines will be near the European median, so that France's local call and Internet charges will be competitive. Prices will be calculated by the ART (regulator) to reflect all network costs, including maintenance and replacement. Pierret wants to be certain that the playing field is level between state-controlled FT and its competitors. He further wants to assure something approaching universal service?line charges will be averaged over the whole of France, so that certain less lucrative regions will not be subject to prohibitively high Internet rates. Both the private sector and the regulator have fought for unbundling for a long time and appear to be satisfied with the substance of the decree. Embassy Paris has learned that 40 companies, many of them new entrants--including U.S. firms-- are anxious to offer services on FT's lines, especially high-speed DSL Internet services. Several companies have been involved in ADSL trials this summer. New entrants will be able to offer any combination of services, from local calls to Internet. Thanks to line sharing, consumers will be able to switch all or some services from FT as soon as its competitors have their equipment in place in 2001.

Russia Approves Tariff Unification

On September 7, the Russian cabinet approved in principle the unification of almost all tariffs by wide product groups, and (with a few exceptions) to four rates of 5, 10, 15, and 20 percent. Currently, Russian tariffs range from 0 to 30 percent. Despite some complaints in the press from a few Duma deputies and some industries, the cabinet readily approved the new tariff system, which will take effect in January 2001. The Ministry of Economic Development and Trade was instructed to present a final list of new tariffs within two weeks. The unification will raise tariffs on 440 tariff lines and lower tariffs on 3068 lines, dropping the average nominal tariff rate from 11.4 percent to 10.7 percent. Minister for Economic Development and Trade Gref indicated that there will be only limited exceptions from this plan. Tariffs for sugar and cigarettes will remain at 30 percent, for poultry at 25 percent, and at zero for insulin, wheelchairs and printed matter.

Singapore: Parliament Approves Registered Designs Bill

On August 25, Singapore's parliament passed on third and final reading the Registered Designs Bill, creating a registration system for the protection of industrial designs. It replaces existing legislation inherited from the UK, which provides that all designs registered under the UK Registered Designs Act of 1949 enjoy the same rights and privileges in Singapore. The new law will mean that designers will no longer first have to register their designs in the UK in order to enjoy protection in Singapore. The Registered Designs Act must still be signed by the president and enter into force. In introducing the bill in parliament, Minister of State for Law Paw Ho Peng Kee said the Intellectual Property Office of Singapore (IPOS) worked closely with the inter-ministerial committee overseeing implementation of the WTO Agreement on Trade-Related Intellectual Property Rights (TRIPS), and also consulted with the World Intellectual Property Organization (WIPO). He said the new law is consistent with the approach toward the protection of industrial designs under UK law