USTR Seeks Comments on "Special 301" Provincial Review of IPR Protection in China
The Office of the U.S. Trade Representative (USTR) has issued a notice requesting comments in connection with its plans to conduct a Special 301 Provincial Review (SPR) of intellectual property rights (IPR) protection in China. The USTR states that as a first step in this review, it is seeking comments concerning the locations and issues that should be the focus of the SPR.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
The USTR states that information received will be used to set initial priorities for the review and ensure that the most important locations and issues receive appropriate attention. Before concluding the review, the USTR plans to seek more detailed public comments on the adequacy and effectiveness of IPR protection and enforcement at the provincial level in China.
(In April 2006, the USTR released its annual Special 301 Report. In the report, the USTR announced that the U.S. would conduct an SPR in order to examine the adequacy and effectiveness of China's IPR protection and enforcement at the provincial level. See ITT's Online Archives or 05/05/06 news, 06050530, for BP summary of the results of the USTR's Special 301 annual report.)
USTR Proposes to Focus on Most "Economically Significant" Locations, Etc.
The USTR proposes to focus the SPR on the locations in China that are most economically significant for U.S. right holders, or which merit special attention for other reasons. The USTR seeks public comments on the specific provinces and other jurisdictions at the provincial level that should be the focus of the SPR.
For purposes of this review, jurisdictions at the provincial level may include, in addition to China's provinces, the four municipalities of Beijing, Chongqing, Shanghai, and Tianjin, as well as China's five autonomous regions. Commenters should identify specific provinces, municipalities, and/or autonomous regions and give reasons why they should be reviewed in the SPR.
Within each province, municipality, or autonomous region that is included in the review, the USTR proposes to examine the issues and locations of greatest interest to U.S. right holders. The USTR therefore requests that, with respect to each province, municipality, and/or autonomous region recommended for inclusion in the SPR, commenters identify with particularity any key locations or issues that merit attention. Key locations could include, for example, particular regions, cities, towns, districts, sub-districts, or markets. Key issues could include, for example, counterfeiting or piracy of particular types of products in a particular location, or factors that affect the ability to enforce particular rights (e.g., positive or negative aspects of local policy, legislation, or resources).
In addition, the USTR states that commenters should bear in mind that the goals of the SPR include highlighting strengths, as well as weaknesses and inconsistencies, in and among specific jurisdictions. Strengths could include, for example, taking ex officio action on behalf of, and providing fair treatment for, foreign right holders, or local measures that facilitate IPR enforcement. The USTR also welcomes suggestions for activities, such as visits or meetings, that would contribute to a full examination of the issues and locations of greatest interest to U.S. right holders.
USTR Seeks Comments on "Hot Spots" of Guangdong, Beijing, Zhejiang, and Fujian
Among other locations to be considered for inclusion in the SPR, USTR seeks comments on possible inclusion of the four "hot spots'' identified in the 2006 Special 301 Report: Guangdong Province, Beijing City, Zhejiang Province, and Fujian Province. USTR noted an apparent acute need for authorities in these areas to more effectively establish and sustain proactive, deterrent IPR enforcement. The China section of the 2006 Special 301 Report identifies certain issues and locations of concern in Guangdong, Beijing, Zhejiang, and Fujian.
Finally, the USTR encourages interested persons to monitor progress with respect to significant locations and issues at China's provincial level over the remainder of the year. As noted above, the USTR plans to seek more detailed public comments before concluding the SPR.
-written comments must be received on or before 5 p.m. on July 14, 2006
USTR Contact - Stanford McCoy (202) 395-4510
USTR Notice (FR Pub 06/16/06) available at http://a257.g.akamaitech.net/7/257/2422/01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-9498.pdf
Special 301 Report available athttp://www.ustr.gov/Document_Library/Reports_Publications/2006/2006_Special_301_Review/Section_Index.html