USTR Seeks Comments to Help Identify "Special 301"Countries With Inadequate IPR Protection, Etc.
The Office of the U.S. Trade Representative has issued a notice requesting comments to assist it in identifying countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection.
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USTR is required to identify such countries, as well as determine which should be identified as Priority Foreign Countries1, by Section 182 of the Trade Act of 19742, which is commonly referred to as the ''Special 301'' provision of the Trade Act.
Comments are due by 10:00 a.m. on February 17, 2009.
USTR Requests Comments on Foreign Practices, Description of Problems, Effect on U.S. Industry, Etc.
USTR requests written submissions from the public concerning foreign countries' acts, policies, and practices that are relevant to the decision of whether particular trading partners should be identified under Section 182 of the Trade Act.
Comments should include a description of the problems experienced and the effect of the acts, policies, and practices on U.S. industry. Comments should be as detailed as possible and should provide all necessary information for assessing the effect of such acts, policies, and practices.
USTR requests that, where relevant, submissions mention particular regions, provinces, states, or other subdivisions of a country in which an act, policy, or practice deserves special attention in this year's report. Such mention may be positive or negative. For example, submissions may address China's protection and enforcement of IPR at the provincial level, including, where relevant, areas that were the focus of USTR's review of provincial and local issues in China conducted in 2008.
Any comments that include quantitative loss claims should be accompanied by the methodology used in calculating such estimated losses.
All comments should be sent electronically to http://www.regulations.gov, docket number USTR-2009-0001.
1Priority Foreign Countries are countries that have the most onerous or egregious acts, policies, or practices and whose acts, policies, or practices have the greatest adverse impact (actual or potential) on relevant U.S. products. (USTR adds that acts, policies, or practices that are the basis of a country's designation as a Priority Foreign Country are normally the subject of an investigation under the section 301 provisions of the Trade Act. USTR may not identify a country as a Priority Foreign Country if that country is entering into good faith negotiations, or making significant progress in bilateral or multilateral negotiations, to provide adequate and effective protection of intellectual property rights.)
2Section 182 also contains a special rule regarding actions of Canada affecting U.S. cultural industries. The USTR must identify any act, policy, or practice of Canada that affects cultural industries, which is adopted or expanded after December 17, 1992, and is actionable under Article 2106 of the North American Free Trade Agreement (NAFTA). Any act, policy, or practice so identified shall be treated the same as that which was the basis for a country's identification as a Priority Foreign Country under section 182(a)(2) of the Trade Act, unless the U.S. has already taken action pursuant to Article 2106 of the NAFTA.
(See ITT's Online Archives or 04/29/08 news, 08042910, for BP summary of USTR's 2008 "Special 301" Annual Report.)
- submissions by the public due by 10:00 a.m. February 17, 2009
- submissions by foreign governments due by 10:00 a.m. March 2, 2009
USTR contact - Jennifer Groves (202) 395-4510.
USTR notice (FR Pub 01/23/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-1392.pdf