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USTR Asks for Comments on Special 301 IPR Review of Philippines and Thailand

The U.S. Trade Representative is requesting public comments for its 2010 Special 3011 Out-of-Cycle Reviews of the Philippines’ and Thailand’s protection of intellectual property rights.

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Thailand is Currently on Special 301 “Priority Watch List”

Thailand is currently on the Priority Watch List for Special 301, as a country that does not provide an adequate level of IPR protection or enforcement, or market access for persons relying on intellectual property protection. Those on this list are the subject of particularly intense engagement through bilateral discussion during the year.

Philippines is Currently on Special 301 “Watch List”

Philippines is currently on the lower-level Watch List, meriting bilateral attention to address underlying IPR problems.

Written Comments from Public due by Dec 10

Written comments should be submitted to USTR on any acts, policies, or practices that are relevant to their identification under the Special 301 program. General public comments are due by 10 a.m. on December 10, 2010. Foreign governments’ comments are due by 10 a.m. on December 17, 2010.

(In its recent 2010 Special 301 Report, USTR stated that it would conduct OCRs of the Philippines and Thailand to monitor their progress on IPR protection and enforcement, and to consider again their Special 301 status. (See ITT’s Online Archives or 05/03/10 news, 10050304, for BP summary.)

An OCR is a tool that USTR uses to encourage progress on IPR issues of concern. It provides an opportunity for heightened engagement with the trading partner on those issues. Successful resolution of specific IPR issues may in some circumstances lead to a change in a country’s status on the Special 301 list outside of the typical time frame for the annual Special 301 Report.)

1Special 301 (Section 182 of the Trade Act of 1974 (19 USC 2242)) requires USTR to identify countries that deny adequate and effective IPR protection or deny fair and equitable market access to U.S. persons who rely on intellectual property protection.

USTR contact: Jared Ragland (202) 395-4510

(FR Pub 11/12/10)