U.S. Industry's Influence on Intellectual Property Negotiations and Special 301 Actions

Abstract

U.S. INDUSTRY'S INFLUENCE ON INTELLECTUAL PROPERTY NEGOTIATIONS AND SPECIAL 301 ACTIONS Paul C.B. Liut I. INTRODUCTION International bilateral and multilateral trade negotiations and investigations under the so-called Special 301 provisions of the U.S. trade law' have become more serious and difficult for the international community to deal with in recent years. The sometimes bitter and heated disputes among the different parties involved have further ignited strong passions, nationalist senti- ment, and international incidents. Although government representatives are the ones who en- gage in the actual negotiations, an invisible strong hand, at least in the United States, has always played a major role in the pro- cess, from identifying issues to formulating strategies on the trade front. The influence of U.S. industries and industrial orga- nizations is evident in recent legislative actions. Although Con- gress still accommodates different, and sometimes conflicting, interests in a given issue, industries have gained enough govern- ment recognition, if not sufficient protection, for their special in- terests. For example, congressional action was the direct result of industry lobbying in each of the following cases: the revision of the fair use doctrine under section 107 of the Copyright Act of 1976,2 the expansion of the criminal penalties for copyright in- fringement, 3 and the passage of the Omnibus Trade and Compet- itiveness Act of 19884. t Associate Director and Affiliate Professor of Law of Competition, Trade and Technology Projects, the Asian Law Program at University of Washington School of Law. 19 U.S.C. § 2242(a) (1993). Pub. L. No. 102-492 (Oct. 24, 1992). Pub. L. No. 102-561 (Oct. 28, 1992). Pub. L. No. 100-418 (Oct. 3, 1988).