USTR Seeks Comments for "Special 301" Out-of-Cycle Review of China Regarding IPR
The Office of the U.S. Trade Representative (USTR) has issued a notice requesting written comments on its Special 301 out-of-cycle review of China regarding intellectual property rights (IPR).
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The USTR explains that on May 3, 2004, it announced the results of its 2004 Special 301 review and stated that an out-of-cycle review would be conducted in early 2005 to assess China's actions to implement effectively the commitments it undertook under the Joint Commission on Commerce and Trade (JCCT), its World Trade Organization (WTO) commitments, and a 1995 bilateral intellectual property agreement with the U.S. (including additional commitments made in 1996). (See ITT's Online Archives or 05/10/04 news, 04051010, for BP summary of the results of the 2004 review.)
(The USTR has previously stated that out-of-cycle reviews are conducted when countries require further monitoring, in addition to the annual review cycle. Under Special 301, placement on the Priority Watch List indicates that a country does not provide an adequate level of protection or enforcement of IPR or market access for persons relying on intellectual property. Countries placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem area or practice. According to the USTR, only countries designated as Priority Foreign Countries under Special 301 are subject to accelerated investigations and possible sanctions.)
Comments Requested on China's IPR Acts, Policies, and Practices
The USTR is requesting written comments from the public concerning China's acts, policies, and practices that are relevant for this review under Section 182 of the Trade Act of 1974 (19 USC 2242), which is referred to as Special 301. According to the USTR, comments should include a description of the problems experienced and the effect of the acts, policies, and practices on U.S. industry.
- comments must be received on or before 5 p.m. on January 31, 2005
USTR contact - Victoria Espinel (202) 395-6864
USTR notice (FR Pub 12/14/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-27373.pdf