USTR Extends Comment Deadline for "Special 301" Out-of-Cycle Review of China Regarding IPR
The Office of the U.S. Trade Representative (USTR) has issued a notice extending the deadline for submitting written comments on its Special 301 out-of-cycle review of China regarding intellectual property rights (IPR).
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The deadline for submitting comments in connection with this review is now 5 p.m. on Monday, February 14, 2005 (from 5 p.m. on January 31, 2005).
On May 3, 2004, the USTR 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.)
(According to the USTR, China was designated a "Priority Foreign Country" in 1994, and has subsequently remained subject to monitoring under Section 306 of the Trade Act of 1974 (Act, 19 USC 2416).
The USTR explains that those countries that have 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 may be identified as Priority Foreign Countries. If so identified, such countries could face bilateral U.S. trade sanctions if changes are not made that address U.S. concerns.)
USTR Requests Comments & Examples of China IPR Acts, Policies, and Practices
The USTR has previously explained that it is requesting written comments from the public concerning China's acts, policies, and practices that are relevant for this out-of-cycle Special 301 review. 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.
USTR sources explain that all submissions will be evaluated in order to determine the major IPR issues U.S. companies are experiencing with regard to China. These sources state that the USTR prefers concrete examples of problems experienced by U.S. companies so that it can develop a better understanding of China's IPR issues, apart from the issues followed by the Departments of State and Commerce.
USTR contact - Ronald Meyers (202) 395-9549
USTR Notice (FR Pub 02/02/05) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-27373.pdf
BP Note
Section 182 of the Act (19 USC 2242) is commonly referred to as the Special 301 provision of the Act.