UNITED STATES
Since October 1976
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright Act
Section 107 of the Copyright Act provides that fair use for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship and research is not an infringement of copyright.
Coverage Horizontal
UNITED STATES
Reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in the United States. It is reported that despite a temporary decline during the COVID-19 lockdown, media piracy has seen a resurgence. The proliferation of popular streaming TV content and the return of robust wide-release film slates have contributed to steady increases in illicit viewing since 2020. In 2022, global visits to piracy websites totalled 215 billion, marking an 18% year-over-year increase. The U.S. accounted for the largest share of film and TV piracy, with more than 13.5 billion visits to piracy sites. Specifically, film piracy rose sharply by 36% compared to the previous year, while TV piracy grew by nearly 9%. Unlicensed streaming websites have now surpassed downloads as the primary method for accessing pirated content, with 95% of pirated TV shows and 57% of films accessed through these platforms in 2022.
Coverage Horizontal
UNITED STATES
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
The US has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
UNITED STATES
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
The US has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
UNITED STATES
Since May 2016
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Defend Trade Secrets Act (DTSA)
The Defend Trade Secrets Act (DTSA) provides a framework for the effective protection of trade secrets by establishing a federal claim for misappropriation of trade secrets. Until the adoption of the DTSA, trade secrets had been protected at the state level, with all states, other than New York, adopting their own version of the Uniform Trade Secrets Act (UTSA). States adopting the UTSA impose liability for improper acquisition of trade secrets; use or disclosure of a trade secret is not required for liability, though additional damages may accrue. On the other hand, States (New York) adopting the Restatement of Torts (Section 757) approach require unauthorised use or disclosure for liability to accrue.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231020014231/https://www.congress.gov/bill/114th-congress/senate-bill/1890
- https://web.archive.org/web/20231107165945/https://www.law.cornell.edu/wex/trade_secret
- https://web.archive.org/web/20230906012600/https://www.lrdc.pitt.edu/ashley/restatem.htm
- https://web.archive.org/web/20240625215514/https://www.dlapiperintelligence.com/goingglobal/intellectual-property/index.html?t=trade-secrets
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UNITED STATES
Since 2006
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Exclusion of company from public procurement
The US Department of State has decided not to use Lenovo Group Ltd. computers on a classified network, under fears that hardware-level backdoors could exist in these products. Lenovo hardware is also reportedly banned by the US Central Intelligence Agency (CIA), although no evidence of any wrongdoing on Lenovo's part has been presented.
Coverage Lenovo
Sources
- https://web.archive.org/web/20231201095754/https://www.computerworld.com/article/2545522/u-s--state-department-to-limit-use-of-lenovo-pcs.html
- https://web.archive.org/web/20231110042822/https://www.bloomberg.com/features/2021-supermicro/
- https://web.archive.org/web/20231011222259/https://www.theverge.com/2013/7/30/4570780/lenovo-reportedly-banned-by-mi6-cia-over-chinese-hacking-fears
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UNITED STATES
Reported in 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Ban on TikTok
In January 2020, it was reported that the United States Army and Navy banned TikTok from government devices following the Defense Department's designation of the app as a security risk. A Navy bulletin posted on a Facebook page for military personnel warned that users of government-issued mobile devices who did not remove TikTok would be blocked from accessing the Navy-Marine Corps Intranet.
Coverage TikTok
UNITED STATES
Since March 2013
Since December 2017
Since August 2018
Since December 2017
Since August 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Provision in the “Consolidated and Further Continuing Appropriations Act, 2013” (H.R.933)
National Defence Authorisation Act for Fiscal Year 2018
John S. McCain National defence authorisation Act for Fiscal Year 2019
National Defence Authorisation Act for Fiscal Year 2018
John S. McCain National defence authorisation Act for Fiscal Year 2019
After the House Permanent Select Committee on Intelligence’s 2012 report, the United States enacted several laws (beginning with the Consolidated and Further Appropriations Act, 2013) that restrict federal procurement of and grant and loan spending on Huawei systems. Although the 2013 Appropriations Act does not name Huawei, some observers and Members of Congress described it as designed to address risks posed by Huawei and ZTE.
In the National Defence Authorisation Act (NDAA) for Fiscal Year 2018, the United States placed Huawei-related restrictions into federal law beyond the context of appropriations. The 2018 NDAA prohibits the Department of Defence (DOD) from procuring certain telecommunications equipment or services from Huawei and others as part of the DOD’s missions related to nuclear deterrence and homeland defence. Unlike earlier appropriations provisions, the 2018 NDAA names Huawei in the legislation. The 2018 NDAA prohibits DOD from procuring, obtaining, extending, or renewing contracts that include telecommunications equipment or services provided by Huawei, ZTE, or any entity that the Secretary of Defence reasonably believes is owned, controlled by, or “otherwise connected to” the Chinese or Russian governments. To fall within the 2018 NDAA, the telecommunications equipment or services must be a substantial or essential component or critical technology of the system provided to the DOD for its nuclear deterrence or homeland defence missions.
The John S. McCain National Defence Authorisation Act for Fiscal Year 2019 provides a broader set of Huawei-related restrictions that apply across the executive branch. It restricts [Section 889(a)(1)(A)] executive agencies from procuring systems that contain Huawei equipment or services and prohibits [Section 889(a)(1)(B)] executive agencies from contracting with companies that use Huawei equipment or services in the companies’ own systems—even if those systems are not sold to the government. The Joe Biden administration has stepped up restrictions on Huawei and ZTE, citing national security concerns.
In the National Defence Authorisation Act (NDAA) for Fiscal Year 2018, the United States placed Huawei-related restrictions into federal law beyond the context of appropriations. The 2018 NDAA prohibits the Department of Defence (DOD) from procuring certain telecommunications equipment or services from Huawei and others as part of the DOD’s missions related to nuclear deterrence and homeland defence. Unlike earlier appropriations provisions, the 2018 NDAA names Huawei in the legislation. The 2018 NDAA prohibits DOD from procuring, obtaining, extending, or renewing contracts that include telecommunications equipment or services provided by Huawei, ZTE, or any entity that the Secretary of Defence reasonably believes is owned, controlled by, or “otherwise connected to” the Chinese or Russian governments. To fall within the 2018 NDAA, the telecommunications equipment or services must be a substantial or essential component or critical technology of the system provided to the DOD for its nuclear deterrence or homeland defence missions.
The John S. McCain National Defence Authorisation Act for Fiscal Year 2019 provides a broader set of Huawei-related restrictions that apply across the executive branch. It restricts [Section 889(a)(1)(A)] executive agencies from procuring systems that contain Huawei equipment or services and prohibits [Section 889(a)(1)(B)] executive agencies from contracting with companies that use Huawei equipment or services in the companies’ own systems—even if those systems are not sold to the government. The Joe Biden administration has stepped up restrictions on Huawei and ZTE, citing national security concerns.
Coverage Huawei, ZTE, other Chinese and Russian network equipment and services
Sources
- https://web.archive.org/web/20231013161122/https://www.congress.gov/113/plaws/publ6/PLAW-113publ6.pdf
- https://web.archive.org/web/20220423175149/https://www.congress.gov/bill/115th-congress/house-bill/2810
- https://web.archive.org/web/20220416095419/https://www.congress.gov/bill/115th-congress/house-bill/5515
- https://web.archive.org/web/20241001042222/https://crsreports.congress.gov/product/pdf/R/R46693
- https://web.archive.org/web/20230316235620/https://www.reuters.com/technology/biden-signs-legislation-tighten-us-restrictions-huawei-zte-2021-11-11/
- https://web.archive.org/web/20231017115929/https://intelligence.house.gov/sites/intelligence.house.gov/files/documents/huawei-zte%20investigative%20report%20(final).pdf
- https://web.archive.org/web/20230330112103/https://www.lawfareblog.com/us-continuing-its-campaign-against-huawei
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UNITED STATES
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.58%
Coverage rate of zero-tariffs on ICT goods (%)
74.62%
Coverage: Digital goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
UNITED STATES
Since March 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
The U.S. is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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UNITED STATES
Since October 2008, last extended in June 2020, until 2025
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In October 2008, the United States authorities imposed a definitive anti-dumping duty on the import of electrolytic manganese dioxide (HS Code: 282010), which is the critical component of the cathode material in modern alkaline, lithium and sodium batteries, including electrochemical capacitors and hydrogen production. The duty applies to imports from Chinese firms, most notably Guizhou Redstar Developing Import and Export Company, Ltd. This measure was extended in January 2015 and subsequently in July 2020. The rate of duty on imports from China is 149.92%.
Coverage Product: Electrolytic manganese dioxide (HS Code: 282010)
Country: China
Country: China
Sources
- https://web.archive.org/web/20241206151839/https://www.globaltradealert.org/intervention/106002/anti-dumping/united-states-of-america-termination-of-definitive-anti-dumping-on-imports-of-electrolytic-...
- https://web.archive.org/web/20231006213015/https://www.usitc.gov/publications/701_731/pub4506.pdf
- https://web.archive.org/web/20210516130643/https://www.federalregister.gov/documents/2020/07/08/2020-14681/electrolytic-manganese-dioxide-from-the-peoples-republic-of-china-continuation-of-antidumping...
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UNITED STATES
Since June 1991, last extended in June 2018, until June 2023
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In June 1991, the United States authorities imposed a definitive anti-dumping duty on imports of silicon metal (HS Code: 280469) from China, which is used also for producing silicon compounds as well as silicon wafers used as electronic semiconductors. This measure was last extended in June 2018. The rate of duty on imports from China is 139.49%.
Coverage Product: Silicon Metal (HS Code: 280469)
Country: China
Country: China
Sources
- https://web.archive.org/web/20241122160813/https://archives.federalregister.gov/issue_slice/1991/6/10/26648-26650.pdf#page=2
- http://i-tip.wto.org/goods/Forms/TableViewDetails.aspx?mode=modify
- https://web.archive.org/web/20210324225504/https://www.federalregister.gov/documents/2018/06/04/2018-11904/silicon-metal-from-the-peoples-republic-of-china-continuation-of-antidumping-duty-order
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UNITED STATES
Since March 2003, last extended in June 2020, until June 2025
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In March 2003, the United States authorities imposed a definitive anti-dumping duty on imports of silicon metal (HS Code: 280469) from Russia, which is also used for producing silicon compounds as well as silicon wafers used as electronic semiconductors. This measure was last extended in June 2020. The rate of duty on imports from Russia is 79.42% for all companies, with the exception of Russian ZAO Kremny/Sual-Kremny-Ural Ltd, which gets a 56.11% duty.
Coverage Product: Silicon Metal (HS Code: 280469)
Country: Russia
Country: Russia
Sources
- https://web.archive.org/web/20220707125045/https://www.federalregister.gov/documents/2020/06/24/2020-13641/silicon-metal-from-russia-continuation-of-antidumping-duty-order
- https://web.archive.org/web/20210523054828/https://www.federalregister.gov/documents/2003/03/26/03-7261/antidumping-duty-order-silicon-metal-from-russia
- http://i-tip.wto.org/goods/Forms/TableViewDetails.aspx?mode=modify
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UNITED STATES
Since April 2021, until April 2026
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Countervailing Duty
In July 2020, the United States initiated an anti-subsidy investigation on imports of silicon metal (HS Code: 280469) from Kazakhstan, which is also used for producing silicon compounds as well as silicon wafers used as electronic semiconductors. In April 2021, the United States imposed a definitive countervailing duty with a rate of 160%.
Coverage Product: Silicon Metal (HS Code: 280469)
Country: Kazakhstan
Country: Kazakhstan