USTR Seeks Comments on "Special 301" Countries w/ Inadequate IPR Protection
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 (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection as part of its 2012 "Special 301" annual review.
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Public comments are due by February 10, 2012. Foreign government comments are due by February 17, 2012. The Special 301 Committee will hold a public hearing for all interested parties on February 23, 2012.
Comments Sought on Foreign Countries' IPR Practices, Enforcement, 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 as Priority Foreign Countries1 by Section 182 of the Trade Act of 19741, referred to as the ''Special 301'' provision, or placed on the Priority Watch List or Watch List.
Priority Foreign Countries are countries identified to have the most onerous or egregious acts, policies, or practices that have the greatest adverse impact (actual or potential) on relevant U.S. products. Placement of a trading partner on the Priority Watch List or Watch List 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.
Comments Should Describe Problems, Effect on U.S. Industry, Etc.
USTR requests that, where relevant, submissions mention particular regions, provinces, states, or other subdivisions of a country in which an act, policy, or practice is believed to warrant special attention.
Written comments should include a description of the problems experienced by the submitter 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 the acts, policies, and practices. Any comments that include quantitative loss claims should be accompanied by the methodology used in calculating such estimated losses.
1Section 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). USTR must make such identifications within 30 days after publication of the National Trade Estimate Report (approximately April 30, 2012).
(See ITT's Online Archives 11050319 for summary of USTR's 2011 "Special 301" Priority Watch List.
See ITT's Online Archives 11122114 for summary of USTR's 2011 "Special 301" Internet and physical markets "Notorious List.")