| February 23, 2000
Dear Editors and Writers: Our nation's creative industries have joined other leading industries and coalitions in support of permanent normal trade relations (PNTR) for China and are urging Congress to act this year on this critical policy issue. In the attached open letter, the Association of American Publishers, American Film Marketing Association, Business Software Alliance, Interactive Digital Software Association, International Intellectual Property Association, Motion Picture Association of America, National Music Publishers' Association, Recording Industry Association of America, and the Software and Information Industry Association specifically address the achievements of the 1995 U.S.-China Intellectual Property Rights Agreement and the 1996 enforcement "Action Plan." The letter denounces the suggestion that China's intellectual property track record constitutes a justification for congressional rejection of PNTR this year. In contrast, the creative industries are strong supporters of granting PNTR to China, and, in fact, state that the most effective way to make further improvements in China's record on intellectual property rights protection is to approve PNTR and China's accession to the World Trade Organization. In addition, the group suggests establishing regular hearings to ensure that China is meeting its obligations, in particular, the enforcement obligations included in the TRIPs agreement, as part of China's entry into the WTO. The letter concludes by stating that "PNTR and the entry of China into the WTO will serve to advance the cause of intellectual property protection in China, a matter of considerable importance to America's creative workforce." Also attached for your convenience is a list of contacts from each of the associations signing the letter. Please feel free to contact any of us should you have questions. Sincerely, Diane Smiroldo
PRESS CONTACTSCREATIVE INDUSTRIES OPEN LETTER IN SUPPORT OF PNTR FOR CHINAAmy GwiazdowskiAssociation of American Publishers 202-220-4550; amyg@americanpublishers.org Mort Segal Diane Smiroldo Carolyn Rauch Steven J. Metalitz Richard Taylor Margaret Drum Lydia Pelliccia Lauren Hall
February 23, 2000An Open Letter In Support of China PNTR From America's Creative IndustriesAmerica's creative industries strongly support Congressional approval of Permanent Normal Trade Relations (PNTR) for China. We are writing in response to suggestions that China's alleged failure to live up to its commitments under the 1995 U.S.-China Intellectual Property Rights Agreement should disqualify it from membership in the World Trade Organization and from the benefits of full WTO membership treatment, embodied in PNTR. In the 1990s, America's copyright industries took the lead in pressing the case against China's serious violations of U.S. intellectual property rights; in particular, the massive export of pirate and counterfeit optical media and other pirated products throughout the world. Widespread abuse of intellectual property rights was causing billions of dollars in losses each year to American creative industries and to the U.S. economy. Working with the U.S. Government, we spared no effort to bring about the 1995 bilateral intellectual property rights agreement, and to ensure that China abided by those commitments, which resulted in the 1996 China enforcement "Action Plan." Having worked so hard in the last decade to force the issue of intellectual property rights protection upon a reluctant China, why do we stand united in support of PNTR for China today?
In spite of real progress on intellectual property protection since the 1996 agreement, problems in China remain, as they do in many countries with which the U.S. trades. Chinese companies themselves, an increasing number of which likewise depend upon intellectual property protection, are recognizing the importance of Chinese adherence to international standards of protection, as embodied in the TRIPS Agreement. This trend will only accelerate through PNTR and Chinese accession to the WTO. Looking ahead, America's ability to address China within the framework of the WTO is a vital tool for the preservation of our economic rights and the advancement of our national interests. We are encouraged by the concern expressed about China's record on IPR enforcement and submit that the best way to drive improvements in Chinese performance is to approve PNTR, and to hold regular hearings to ensure that China is meeting its various obligations, including, in particular, the enforcement obligations that it will undertake pursuant to the TRIPS Agreement by which it will become bound. The companies and associations most vigorous in insisting on improvement of China's intellectual property rights regime over the past decade are united in support of PNTR in the year 2000. We do not accept the suggestion that China's intellectual property track record since the signing of the 1996 bilateral agreement constitutes a justification for Congressional rejection of PNTR in the year 2000. Indeed, we believe that PNTR and the entry of China into the WTO will serve to advance the cause of intellectual property protection in China, a matter of considerable importance to America's creative workforce. We strongly urge Congress to support China PNTR in 2000. Sincerely, Robert Holleyman, II Kathy Morgan Hilary Rosen Patricia Schroeder Ken Wasch Douglas Lowenstein
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