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USTR Seeks Comments for "Special 301" Out-of-Cycle Review of Taiwan Regarding IPR Protection, Enforcement

The Office of the U.S. Trade Representative has issued a notice requesting written comments on its Special 301 out-of-cycle review (OCR) of Taiwan regarding its intellectual property protection and enforcement.

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The USTR explains that on April 25, 2008, it announced the results of its 2008 Special 301 review of countries' IPR protections and stated that an OCR would be conducted for Taiwan and Israel. (See ITT's Online Archives or 04/29/08 news, 08042910, for BP summary of the results of the 2008 Special 301 review.)

According to the USTR, comments should include a description of experiences with respect to Taiwan in the field of IPR and the effect of Taiwan's IPR acts, policies, and practices on U.S. industry. Comments should be as detailed as possible and should provide all necessary information for assessing the effect of such acts, policies, and practices. USTR states that any comments that include quantitative loss claims should be accompanied by the methodology used in calculating such estimated losses.

(The USTR has previously stated that OCRs 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. Designation as a Priority Foreign Country is for those countries with the most onerous or egregious acts, policies, or practices related to IPR with the greatest adverse impact on relevant U.S. products. Priority Foreign Countries are subject to accelerated investigations and possible sanctions.)

-Comments must be received on or before 10 a.m. on September 8, 2008

USTR Contact - Jennifer Groves (202) 395-4510

USTR Notice (FR Pub 07/21/08) available at http://edocket.access.gpo.gov/2008/E8-16636.htm