Monday, April 28, 2008

For Shaaaaame

Well, the US Trade Representation board came out with the 2008 Special 301 report, and I can't say I'm very pleased with the findings... nor am I surprised.

The 301 report is basically the Who's Who of Internationally IP Piracy. The report says that the committee looked at 78 countries this year and found that a whopping 46 of those countries should be placed on the "Priority Watch List."

The report starts out with warm fuzzies - Who is getting downgraded either to the regular watch list or off both lists entirely and why. Congrats to past year: Belize (removed from the Watch List), Egypt (moved from the Priority Watch List to the Watch List), Lebanon (moved from the Priority Watch List to the Watch List), Lithuania (removed from the Watch List, Turkey (moved from the Priority Watch List to the Watch List), and Ukraine (moved from the Priority Watch List to the Watch List).

Then the report goes on to pat the US on the back over and over and over. Why? Free Trade Agreements (FTAs) with countries on the naughty list, Generalized System of Preferences (GSP) Reviews (I'll talk about this some other time), the proposed IPR practices in Russia, Lebanon, and Uzbekistan under ongoing GSP reviews.
Anti-Counterfeiting Trade Agreement (ACTA), and the STOP! Initiative (Strategy Targeting Organized Piracy... basically a collaboration of administration agencies and public and private industry leaders).

Great job America. BUT THERE ARE STILL 46 COUNTRIES ON THE PRIORITY WATCH LIST. Now, I know we can't reach into the countries on the Priority Watch List, but why aren't we employing tougher sanctions when dealing with countries that continue to show up on that list? This goes well beyond 16 year olds buying fake Prada bags on Canal. The report sums up how serious this issue is on page 6, saying:

Counterfeiting not only affects the profits of legitimate producers, but also impacts consumers who waste money and sometimes risk their safety by purchasing fake goods. It also damages the economies of the countries in which it occurs by decreasing tax revenue and deterring investment. Counterfeiters generally pay no taxes or duties, and they often disregard basic standards for worker health and safety, and product quality and performance. Piracy of copyrighted products in virtually all formats, as well as counterfeiting of trademarked goods, has grown rapidly because these criminal enterprises offer enormous profits and little risk. Counterfeiters and pirates require little up-front capital investment, and even if caught and charged with a crime, the penalties imposed on convictions in many countries are so low that they offer little or no deterrence.



My only request is that you be a savvy shopper - or maybe more importantly, a conscious shopper. By that I mean when you're about to get a screamin' deal, look around you... Do you think you can get Windows Vista at the dollar store? Or that the bodega on the corner is really an authorized retailer or Burberry cologne? In our present state of economy, many of us are looking to save a buck. Buying Skope mouthwash at $2 is an appealing alternative to the real Scope mouthwash for $5. If we all close our eyes to the fact that this is an obvious piracy, the aggregate effect will NOT help our economy. Not only that, but "Skope" and other knock off labels aren't tested for chemicals or contamination by any other means. So please, for the health of the global and national economy, and possibly for your own health, be savvy and conscious while shopping.

I need to stop here, as I'm in the midst of studying for finals. I'll likely resume the topic later. You can also read the report yourself here.

1 comment:

Federal Criminal Defense said...

Wow. You really have a blog. Hmph. I really don't know how I feel about this... at least its well written. Nice work.