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 on 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 requesting this information as it is required to identify which, if any, countries should be identified as Priority Foreign Countries1 by Section 182 of the Trade Act of 1974, commonly referred to as the ''Special 301'' provisions.2
Comments are due by February 16, 2010. A public hearing will also be held beginning March 3, 2010 and continuing through March 4-8 (as necessary).
USTR Seeks Comments on Foreign IPR Practices and Problems, Etc.
USTR requests written submissions from the public concerning foreign countries' acts, policies, or practices that are relevant to the decision whether a particular trading partner should be identified as a Priority Foreign Country under Section 182 of the Trade Act or placed on the "Priority Watch List" or "Watch List." 3
Where relevant, submissions should mention particular regions, provinces, states, or other subdivisions of a country in which an act, policy, or practice is believed to warrant special attention. Submissions may report positive or negative developments with respect to these sub-national entities.
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. 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-2010-0003.
Report Expected in April 2010
USTR states that it will publish its 2010 "Special 301" Report on or about April 30, 2010.
1USTR has previously stated that Priority Foreign Countries are those with 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.
2In addition, Section 182 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, is adopted or expanded after December 17, 1992, and is actionable under Article 2106 of the North American Free Trade Agreement (NAFTA).
3To help the Administration in pursuing the goals of the "Special 301" provisions, USTR has created a "Priority Watch List" and a "Watch List." Placement of a trading partner on one of these lists indicates that particular problems exist in that country with respect to IPR protection, enforcement, or market access for persons relying on intellectual property. Trading partners placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas.
(See ITT's Online Archives or 05/01/09 news, 09050115, for BP summary of USTR's 2009 "Special 301" Annual Report, which elevated Canada to the Priority Watch List for the first time.)
- comments by public due February 16, 2010
- comments by foreign governments due February 23, 2010
- requests to testify at the public hearing due February 23, 2010
USTR contact - Jennifer Groves (202) 395-4510.
USTR press release (dated 01/12/10) available at http://www.ustr.gov/about-us/press-office/press-releases/2010/january/ustr-calls-comments-intellectual-property-protecti
USTR notice (FR Pub 01/15/10) available at http://edocket.access.gpo.gov/2010/pdf/2010-620.pdf