SPAIN new patent law in March of 1986, a new copyright law in November 1987, and a new trademark law in November of 1988. All approximate or exceed EC levels of intellectual property protection. Spain is a party to the Paris, Berne, and Universal copyright conventions and the Madrid Accord on Trademarks. The patent law greatly increased the protection accorded patent holders. In October of 1992, Spain's pharmaceutical process-patent protection regime expires and product protection takes effect. Industry sources say that the impact of the new product protection law will not be felt until early in the next century when new pharmaceutical products patents applied for after October 1992 enter the market after the 10-to-12 years research and development period normally associated with the introduction of a new product into the market. U.S. makers of chemical and pharmaceutical products complain that this provides effective patent protection for approximately eight years. The U.S. pharmaceutical industry would like to see some lengthening of the patent term. The new copyright law is designed to redress historically weak protection accorded movies, video cassettes, sound recordings and software. It includes computer software as intellectual property, unlike the prior law. In 1991, judicial sanctions for violations increased significantly. The law provides a clear legal framework for copyright protection, and has been useful in alleviating abuses of authors' rights. For example, the home video industry trade association reports a much-improved ability to secure court orders since the copyright law was enacted. U.S. software producers nevertheless complain of losses from business-software piracy and are taking legal action under the new intellectual property law to correct this. The Government of Spain has responded to concerns over software piracy by sending instructions to prosecutors calling for rigorous enforcement and urging private industry to pursue pirates aggressively through the courts. In 1991, continuing Spanish enforcement efforts sharply reduced video and audio cassette piracy. Operators of small neighborhood cable networks, called "Community Video," broadcast video programs without broadcast rights, but the Spanish government has prohibited them from running cables across public ways and is attempting to phase them out. The copyright law has clearly established that no motion picture can be publicly exhibited without the authorization of the copyright holder and that "Community Video" is to be considered as public exhibition. The trademark law is intended to facilitate improved enforcement. It incorporates by reference the enforcement procedures of the patent law, defines trademark infringements as unfair competition, and creates civil and criminal penalties for violations. Aggressive Spanish enforcement efforts in 1991 have resulted in numerous civil and criminal action; however, the infringement of trademark rights in Spain is still a problem, particularly in the textile and leather goods sector. SPAIN 8. Worker Rights a. The Right of Association All workers except the military services, and judges, magistrates and prosecutors are entitled to form or join unions of their own choosing without previous authorization. The only requisites for forming a union are a group of more than two workers and registration with the Ministry of Labor and Social Security. Under the Constitution, trade unions are free to choose their own representatives, determine their own policies, represent their members' interests, and strike. They are not restricted or harassed by the Government. About 11 percent of the Spanish work force belongs to a trade union, and there are over 200 registered trade unions. b. The Right to Organize and Bargain Collectively The right to organize and bargain collectively was established by statute in 1980. Trade union and collective bargaining rights were extended to all workers in the public sector, except the military services in 1986. Public sector collective bargaining in 1990 was broadened to include salaries and employment levels. Collective bargaining is widespread in both the private and public sectors. Sixty percent of the working population is covered by collective bargaining agreements though only a minority are actually union members. Labor regulations in free-trade zones and export processing zones are the same as in the rest of the country, and union membership in these zones is reportedly higher than the average throughout the economy. C. Prohibition of Forced or Compulsory Labor Forced or compulsory labor is outlawed and is not practiced. d. Minimum Age for Employment of Children The legal minimum age for employment as established by the statute is 16 years. The Ministry of Labor and Social Security is primarily responsible for enforcement. The minimum age is effectively enforced in major industries and in the service sector. Persons under 18 years of age may not work at night, in overtime work, or in sectors considered hazardous. e. Acceptable Conditions of Work Workers in general have substantial, well-defined rights. A forty-hour work week is established by law. Spanish workers enjoy 12 paid holidays a year and a month's paid vacation. The minimum wage is revised every year in accordance with the Consumer Price Index. Government mechanisms exist for enforcing working conditions and occupational health and safety conditions, but bureaucratic procedures are cumbersome. Safety and health legislation is being revised to conform to EC directives. SPAIN f. Rights in Sectors with U.S. Investment U.S. capital is invested primarily in the following sectors: petroleum, food and related products, chemicals and related products, primary and fabricated metals, non-electrical machinery, electric and electronics equipment, and other manufacturing. Workers in those sectors enjoy all the rights guaranteed under the Spanish constitution and law, and conditions in these sectors do not differ from those in other sectors of the economy. (D)-Suppressed to avoid disclosing data of individual companies Source: U.S. Department of Commerce, Survey of Current Business August 1991, Vol. 71, No. 8, Table 11.3 SWEDEN Key Economic Indicators (Billions Swedish Kronor (SEK) Unless Otherwise Noted) 1/ Value added at factor cost, 1985 prices. 2/ Per capita gross national product in kronor, 1985 prices. 3/ Year end and 08/31/91. Includes treasury discount notes held by public plus accrued monies in deductible national savings scheme. Central Bank does not compile Ml. 4/ Industrial bonds, 30-month adjusted rates, percent. averages and average for first 8 months of 1991. Annual 5/ Ratio of personal saving to disposable personal income. 6/ Ratio of gross investment to GDP. 7/ Change between annual CPI averages. 8/ Product prices for total industry excluding shipbuilding. 9/ Swedish kronor (SEK). Average annual market exchange rate for U.S.$1.00. Estimate for 1990. 10/ Central Government position at year end and 09/30/91 at prevailing exchange rates. SWEDEN 11/ Interest and amortizations on central government external funded debt. For 1991, a forecast. 12/ Year end and 09/30/91. Sources: Economic Research Institute, Central Bank, and 1. General Policy Framework Sweden is an advanced, industrialized country with a high standard of living and an extensive social services system. The Social Democratic Party, which has been in power much of the time since the early 1930s, was replaced by a four-party coalition government in 1991 elections. Sweden has a modern distribution system, excellent internal and external communications, and a skilled and educated work force. and hydroelectric power are the traditional resources of the economy. Timber Approximately one-third of GDP is exported. Consequently, Sweden is a strong supporter of liberal trading practices. Privately owned firms account for nearly 90 percent of industrial output, with the engineering sector, which includes the production of electrical and transportation equipment, machinery, and metal goods, accounting for nearly half of all industrial production and exports. Much of the high-technology component of this production, which is growing, derives from U.S. technology. In early 1991, approximately 680 manufacturing firms in Sweden were wholly owned or controlled by foreign entities, employing around 136,000 people, or 16 percent of jobs in the manufacturing field. When firms with foreign minority interests are included, the foreign share of employment in Sweden's manufacturing sector increases to some 23 percent. Countries with the largest foreign investment in Sweden, measured by the number of employees in foreign-owned firms in all sectors of the economy in 1989, are Switzerland, Finland, the United States, Denmark, the Netherlands, and the United Kingdom. Harmonization with EC practices will remove existing barriers to most foreign acquisitions by 1992. Sweden ranks high among the industrialized countries in R & D expenditure as a percentage of GDP. Swedish firms are prospective customers for U.S. companies that can offer new technology, as well as quality goods and services, in a number of growth industries. These include automation (robotics, process control equipment, computer software), health-related industries (pharmaceuticals, biotechnology and medical equipment), and information technology (telecommunications systems, data processing equipment, and peripheral systems). The country is a signatory to the General Agreement on Tariffs and Trade, a member of the OECD and the European Free Trade Association (EFTA), and its industrial products enjoy duty-free access to the European Common Market (EC). Sweden applied for membership in the EC in the summer of 1991. other EFTA countries, Sweden hopes the creation of the Like |