USTR Seeks Comments on "Special 301" IPR Out-of-Cycle Reviews for Five Countries
The Office of the U.S. Trade Representative has issued a notice requesting written comments on its Special 301 out-of-cycle reviews (OCR) of Fiji, Israel, the Philippines, Poland, and Saudi Arabia regarding intellectual property protection.
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Comments from the general public are due by 10 a.m. on November 9, 2009, comments from foreign governments are due by 10 a.m. on November 23, 2009.
(In the 2009 Special 301 Report, USTR announced that, in order to monitor progress on specific IPR issues, OCRs would be conducted for Fiji, Israel, the Philippines, Poland, and Saudi Arabia. See ITT's Online Archives or 05/01/09 news, 09050115, for BP summary of 2009 report.)
According to the USTR, comments should include a description of the problems experienced by the submitter and the effect of the 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 the acts, policies, and practices. 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.)
-General public comments due before 10 a.m. on November 9, 2009
-Foreign government comments due before 10 a.m. on November 23, 2009
USTR Contact - Jennifer Groves (202) 395-4510
USTR Notice available at http://www.regulations.gov/search/Regs/home.htmldocumentDetail?R=0900006480a32d1f.