US eyes intellectual piracy by Taiwan, Poland, Malaysia

13 October 2004 19:31  [Source: ICIS news]

WASHINGTON (CNI)--The US Trade Representative (USTR) issued a call Wednesday for comment by US businesses concerning intellectual property rights (IPR) protection in Malaysia, Poland and Taiwan, noting the US has “significant concerns” regarding IPR in these nations.

 

US and European chemicals manufacturers have complained about Taiwan in particular for chemical process piracy. 

 

In its 2004 study of global IPR, the USTR cited particular complaints from the US pharmaceuticals industry on these three nations concerning non-transparent administrative regimes, decision-making that lacks scientific basis and cumbersome and lengthy drug listing processes.

 

The USTR said that “IPR piracy in Taiwan appears to have adjusted to increased pressure from [Taiwan] authorities in ways that maintain business losses [for US firms] due to IPR infringement at unacceptably high levels.”

 

“US companies report,” said the USTR, “that trade in counterfeit goods continues, including increased reports of counterfeit pharmaceutical products.”  Taiwan, said USTR, “needs to make the necessary changes to its relevant laws to prevent unfair commercial use of pharmaceutical and agricultural chemical test data and to strengthen its copyright law.”  Apparently, Taiwanese government agencies that request drug and chemical test data of US firms have allowed dissemination of that proprietary data, enabling pirated duplication of US chemical or pharmaceutical products by Taiwanese firms.

 

The USTR also identified pharmaceutical piracy in Malaysia as a “particular concern” and said Malaysia lacks effective patent and data protection for pharmaceutical products.

 

For Poland, the USTR said:  “Measures to ensure effective protection for innovative pharmaceutical products from patent infringement need to be implemented.”

 

“The commercial availability in Poland of generic versions of patent-protected pharmaceutical products,” the USTR added, “is a clear indication of the weak state of patent protection in Poland and its direct effect on US company interests.”

 

US firms with complaints about IPR violations or piracy in these three nations are invited to submit comment and evidence to the USTR by 5 November.  Further information concerning comments may be found on the USTR Web site at http://www.USTR.gov.

By: Joe Kamalick
+1 713 525 2653

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