The Patent and Trademark Office is revising its trademark rules of practice and filing procedures related to the Madrid Agreement Concerning the International Registration of Marks, in a final rule that takes effect Feb. 17 (here). According to PTO, the changes provide more clarity on requirements for representation at the agency, applications for registration, examination procedures, amendment of applications, publication and post publication procedures, appeals, petitions, post registration practice, correspondence in trademark cases, classification of goods and services, and procedures under the Madrid Protocol. The amendments mostly codify current practice, it said.
The U.S. is reviving domestic apparel and footwear manufacturing, but the country still imported 97 percent of clothes and 98 percent of shoes Americans purchased in 2013, said the American Apparel and Footwear Association in two reports released on Jan. 9 (here). The import share of the U.S. apparel market did slightly drop, although apparel imports spiked nearly 5 percent by total volume in 2013, said AAFA. The U.S. also imported 4 percent less apparel from free trade agreement partners, notably Central American countries, and through preference programs that year, said the apparel report. Meanwhile, U.S. shoe production spiked significantly, more than 8 percent, between 2012 and 2013, but imports also rose by similar figures, said AAFA in its footwear report. China remains the largest apparel and shoe exporter to the U.S., followed by Vietnam in both sectors, said AAFA.
The Energy Department is amending energy efficiency test procedures for vented home heating equipment and pool heaters. The agency’s final rule (here) updates industry test standards, adds provisions for testing heating equipment with condensing technology, and clarifies the applicability of test procedures to oil-fired pool heaters. Compliance with the new regulations is mandatory beginning July 6.
The European Union is challenging Washington State tax breaks for large aircraft manufacturers at the World Trade Organization over local content requirements it says violate global trade rules. The EU initiated the dispute process in recent days by asking for talks with the U.S. (here). The EU will be able to ask for a formal panel in 60 days if the two sides don't reach a compromise.
The Federal Trade Commission is beginning to consider labeling requirements under the Energy Policy and Conservation Act for refrigeration products not already covered, according to an advance notice of proposed rulemaking from the agency (here). Preliminary Energy Department analysis suggests energy and water use labeling would benefit consumers and be economically and technologically feasible, said the FTC. While the FTC does not propose specific rules, if the labeling is found to be appropriate, "any final requirements will likely resemble those applicable to currently covered refrigeration products," including requirements relating to testing, EnergyGuide labeling, recordkeeping, reporting, and catalog/website disclosures, it said. Comments are due by March 3.
The Federal Trade Commission is amending EnergyGuide labeling requirements for heating and cooling equipment, in a final rule that takes effect April 6, 2015 (here). Changes include updated range information and the removal of mandatory capacity disclosures and information on regional standards.
The Indian government is increasingly slashing barriers to foreign trade and investment, but U.S. companies continue to face burdensome customs processing and inconsistent, relatively high duties, said the International Trade Commission in a report to Congress, published on Dec. 22 (here). Although the Indian customs regime is improving, customs delays, unreliable valuation and problems with online documentation affect all industries, especially intellectual property-intensive businesses and logistics services, said the ITC.
The Chinese proposal for industry coverage in the U.S.-China Bilateral Investment Treaty will likely dictate the next two years of negotiations on the pact, said 14 U.S. producers and industry representatives in a Dec. 17 letter to Chinese Vice Premier Wang Yang (here). President Barack Obama and Chinese counterpart Xi Jinping both pledged in November to unveil proposals in early 2015 for a “negative list,” the specific industry sectors that each country wants to exclude from investment liberalization and other rules (see 1411120008). “If the core text reflects a high standard, and the proposed negative list from China is limited and exceptions are narrow in scope, we are confident that we can work with a broad-based industry coalition and our representatives in the U.S. Senate to secure the two-thirds majority required for ratification,” said the 14 signatories, which include the American Apparel and Footwear Association and the U.S. Chamber of Commerce.
U.S. and Chinese trade negotiators brokered a range of compromises on market access restrictions and intellectual property protections during the Joint Commission on Commerce and Trade, said Commerce Secretary Penny Pritzker and U.S. Trade Representative Michael Froman in a Dec. 18 press briefing. Both sides wrapped up three days of consultations in Chicago on Dec. 18. Changes to the Chinese geographical indications regime will open the door for U.S. cheese shipments, such as feta and parmesan, said Froman in remarks. The deals struck at JCCT will also pave the way for more U.S. biotechnology corn and soybean sales, and a pledged crackdown on unregulated and illegal fishing will safeguard lawful producers in the U.S., said Froman. He and Pritzker touted progress on slashing red tape for U.S. pharmaceutical and medical device exports (here).
A U.S.-China Bilateral Investment Treaty (BIT) will limit the Chinese government from discriminating against U.S. companies in some of the 100 industry sectors China currently shields from fair foreign investment access, said Erin Ennis, vice president of the U.S.-China Business Council in a an op-ed for Barron’s (here). Those sectors cross the industry spectrum, from manufacturing to agriculture. BITs "curb governments’ ability to require American companies to meet burdensome conditions to operate in their markets,” said Ennis. The deal will not cover Chinese subsidy or procurement policies, said Ennis. U.S. and Chinese trade officials continue to negotiate the pact, and President Barack Obama, alongside Chinese counterpart Xi Jinping, pledged in November to unveil a list of sectors covered by the treaty in early 2015 (see 1411120008). The two sides are currently meeting in Chicago for the Joint Commission on Commerce and Trade, but those talks don’t cover the BIT.