Office of the United States Trade Representative (USTR) in2024years3month-end "2024Foreign trade barriers Assessment report" An overview of the country's exports, Investment and business areas exist "Major barrier" . On intellectual property related issues, This latest report looks at several countries in Asia and South America, Russian as well as others that appear regularly in its annual publications "frequenter" Put forward a criticism. however, As a core member of the European Union, Germany has also been accused by the US of not doing enough to protect the country's interests, Poland, Bulgaria and Romania have also come under criticism.

"Report on Foreign Trade barriers in the United States" isUSTRAnnual publication of.

The report calls attention to exports to the United States from an American perspective, Investment and business composition "Significant foreign barrier" A problem of.

these "rampart" It usually revolves around copyright infringement and other intellectual property issues, Data privacy and trade secret handling, Although the report also deals with issues in other areas, But it is outside the scope of this article.

Global piracy problem

with "particularly301Report" alike, "Foreign trade barriers report" Also byUSTRpublished. therefore, There will be some overlap between the two reports, Many countries appear on both lists for one reason or another.

In dealing with piracy, Copyright and closely related issues, The start of this year's report was predictable, First to Argentina, Bolivia, Brazil, Chile, Colombia and Costa Rica have raised questions, Then there are several countries in Asia (district) Make a criticism.

It's not surprising that some other countries don't meet U. S. standards. For some countries with strained relations with the United States (district) , USTREmphasize its "322Signal law" , This is a new measure, Designed to limit the flow of "Not on friendly terms" The ability of a country's foreign rights holder to charge licensing fees for most types of intellectual property.

Vietnam: World center for streaming piracy

According to the section of the report devoted to Viet Nam, Vietnam is one of the most popular pirate sites in the world "cradle" , These sites are primarily dedicated to pirated content from American-made movies and television shows, But it also has no qualms about offering other content to a huge global audience.

however, Despite being based in Vietnam／Or a piracy website operating in Vietnam that has generated billions of illegal views, But here's the surprise, The report says nothing. The report does not even say in short language that they exist.

It's almost inconceivable, But Vietnam's Deputy Prime Minister Leong Kai (Le Minh Khai) True to4month2Held talks with the United States Trade Representative in Boston on Tuesday, So that might provide an explanation.

Vietnam is not a member of the EU "pass"

The pirate site is in a few weeksRARBGThe first anniversary of the sudden demise. RARBGThere are close links with Bulgaria, The site is also the most pirated ever "reliable" One of the public torrent sites, Say the Bulgarian government is shutting downRARBGThe website played any role in the process, So it hasn't publicly claimed any credit.

The report does not mention thatRARBGDisappearance of website, But it does point out that, USTRexist "Law enforcement concerns" , Including a lack of prosecutions, Lengthy procedures and insufficient criminal penalties, Especially in the area of online piracy.

2023years8month, Bulgaria revised "Penal code" , This makes the investigation of piracy sites more straightforward. United States says, It will monitor whether these changes have had any impact on the rate of criminal prosecutions in Bulgaria.

Germany: Upload filter mechanism is not tough enough

Germany has also been criticized for implementing the European Union's support for copyright protection "Copyright directive" Has been criticized by the United States.

"Trade barrier report" The opening line reads: "German in2021Annual implementation "Copyright directive" when, New requirements have been put in place for online platforms to filter content uploaded by users, To prevent automatic blocking of potentially copyrighted content from being used for purposes that may require legal authorization. "

"Some American stakeholders are worried, Germany has also introduced an overly broad presumption of copyright, This makes it difficult for creators to copyright the music and videos often used in the context of short content on social media. "

The report did not elaborate further, But in a broad sense, Rights holders in the United States seem to have a problem with Germany implementing the upload filter mechanism in a way that respects fundamental rights and recognizes exceptions to copyright law (It is possible to restrict freedom of expression) Feel uneasy. And those exceptions include comics, parody, Imitation and reference, By taking these factors into consideration, The right to freedom of expression and the right to communication (right to communicate) Be protected.

American stakeholders are also worried, That is the German legal framework for technical protection measures "Still not perfect" . merely, Whether this involves the German courts2023A ruling was not immediately clear, The ruling identified the hosting service providerUberspacePair trusteeshipyoutube-dlThe website of the software is responsible, Because this open source tool allows people to start fromYouTubeDownload content.

Poland and Romania: Online piracy remains high

The report raises the following questions about the situation in Poland: "Stakeholders continue to view online copyright piracy as a significant problem in Poland, Inconsistencies in enforcement by Polish law enforcement authorities and the backlog of cases in Polish courts were also noted. Stakeholders have also raised concerns about illegal filming and easy access to counterfeit products. "

See in isolation, The announcements seem relatively prosaic, But compare that with reports coming directly from Poland from anti-piracy groups that represent the interests of U. S. rights holders in Poland, There was a difference of opinion. in3At an award ceremony in October, Anti-piracy organizationSygnalTo the Polish police "Gold plate" prize, In recognition of their outstanding performance in combating piracy.

SygnałThe group's president, Teresa．Wierzposhka (Teresa Wierzbowska) expression: "The most difficult cases often end up in the hands of the best officers, They are not only well versed in the legal and technical aspects related to economic crimes on the Internet, And they do their job to the best of their ability, Especially this year——They showed remarkable diligence in handling the case. therefore, Dozens of piracy websites and services related to them were shut down last year. "

finally, The report's criticism of Romania is consistent with the past10The year to date15Years of the same pattern. Low penalties for IP related crimes are combined with the rapid development of the country's Internet infrastructure, Produces a strong combination effect. The report says, "Some of the most notorious online piracy sites" Operating in Romania, Because the penalties for intellectual property crimes in the country are small, Law enforcement tied major cases to tax evasion files. "

The report concludes: "Romania lacks effective and timely mechanisms, To enable right holders to make deletion requests for online marketplaces and hosting platforms for infringing materials. Adequate resources are needed, To improve the quality of law enforcement, The country needs adequate resources, Including additional training for law enforcement. "

Romania is like any other EU country, Applicable EU law must be complied with. Legal provisions, Once the intermediary discovers the infringing content, They have to delete it, Otherwise, you will face the risk of legal liability. (Be compiled fromwww. asiaiplaw. com)

TRANSLATORS: Wang Dan　proofread: Liu Peng



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