US removes Malaysia from Special 301 List

KUALA LUMPUR: The US yesterday removed Malaysia from its Special 301 List, saying Kuala Lumpur has significantly strengthened its protection of copyrights and its enforcement against piracy.

US Trade Representative (USTR) Ron Kirk, in a statement, congratulated Malaysia on the progress that resulted in the removal from the Special 301 Lists.

The “Special 301” Report is an annual review of the state of intellectual property rights (IPR) protection and enforcement in trading partners worldwide, which Kirk’s office conducts.

Spain is the other country which the US has removed from the list.

In an interview with the Business Times last week, Kirk said the US had been working closely with Malaysia on the removal efforts following the request of Prime Minister Datuk Seri Najib Razak.


According to the USTR office, Malaysia passed copyright
amendments which included provisions on preventing the circumvention of technological protection measures, establishing
a mechanism for cooperation by Internet service providers
(ISPs) against piracy over the Internet and prohibiting the
unauthorised camcording of motion pictures in theatres.

Malaysia also established mechanisms to facilitate rights’ holder assistance in IPR enforcement efforts.

It also noted that in 2011, Malaysia promulgated regulations
designed to provide protection against the unfair commercial use, as well as unauthorised disclosure of test or other data generated to obtain marketing approval of pharmaceutical
products.

“Nevertheless, concerns remain, including concerns regarding the implementation of Malaysia’s pharmaceutical data protection regulations, and regarding border enforcement, in particular with respect to transshipment.”

However, in recognition of Malaysia’s recent improved efforts with respect to IPR protection and enforcement, the US proceeded to remove Malaysia from the list.

“The US will continue to work closely with Malaysia to ensure that progress is sustained and to address our remaining areas of concern, including through the Trans-Pacific Partnership
negotiations,” it added.

Malaysia and the US are among the nine countries negotiating the Trans-Pacific Partnership, which also cover standards for the protection and enforcement of IPR.

Kirk described this year's Special 301 Report as more significant than ever, in light of recent US government data showing that IP-intensive industries support as many as 40 million US jobs and up to 60 per cent of US exports.

"When trading partners don't protect IPR, they threaten those critical jobs and exports," he said.

USTR placed 40 countries on the Priority Watch List, Watch List, or the Section 306 Monitoring List this year.

By Rupa Damodaran, btimes.com.my