USTR Seeks Further Comments for "Special 301" Provincial Review of IPR Protection in China
The Office of the U.S. Trade Representative (USTR) has issued a notice requesting further comments in connection with its plans to conduct a Special 301 Provincial Review (SPR) of intellectual property rights (IPR) protection in China.
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(On June 16, 2006, the USTR requested initial public comments concerning the provinces and other provincial-level jurisdictions and issues that should be the focus of a SPR of China's IPR protection and enforcement at the provincial level. (See ITT's Online Archives or 06/20/06 news, 06062005, for BP summary of the USTR's initial request for comments. 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, which announced that the U.S. would conduct this SPR.)
USTR Selects Provinces and Issues of Interest Based on Initial Public Comments
The USTR states that based on the initial comments received, it concluded that locations of particular interest for U.S. right holders include Beijing City, Fujian Province, Guangdong Province, Jiangsu Province, Shanghai City, and Zhejiang Province. The USTR concluded that issues of particular interest involve local enforcement of IPR, including trademarks and copyrights.
Request for Comments on Adequacy of IPR Protection in Provinces, Etc.
The USTR now requests comments from the public concerning the adequacy and effectiveness of IPR protection and enforcement at the provincial level in China. The USTR encourages submitters to give particular attention to the locations and issues identified above. However, the USTR states that it will accept information on other locations and issues.
The USTR also states that submitters 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.
-written comments must be received on or before 5 p.m. on February 26, 2007
USTR Contact - Stanford McCoy (202) 395-4510
USTR notice (FR Pub 01/24/07) available at http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-1022.pdf
Special 301 Report available athttp://www.ustr.gov/Document_Library/Reports_Publications/2006/2006_Special_301_Review/Section_Index.html