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House Subcommittee Discusses IPR Trends and Trade

A House Subcommittee1 held a hearing titled "Protecting Intellectual Property Rights in a Global Economy: Current Trends and Future Challenges" on December 9, 2009.

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The hearing focused on the government's roles and responsibilities in the global protection and enforcement of intellectual property rights (IPR). Specific issues addressed include the strategic objectives of the Obama Administration for improving coordination among stakeholder agencies having IPR protection or enforcement responsibilities, as well as legal and diplomatic barriers to protecting IPR in a global economy.

Testimony was given by officials from the Office of the U.S. Trade Representative, Patent and Trademark Office, Justice Department, and industry stakeholders. The following are highlights of their testimony:

IPR is Part of President Obama's Innovation Strategy

IPR are critical to securing comparative advantage, and thus to securing the jobs of workers in U.S.' innovative and creative industries. President Obama has laid out an innovation strategy that focuses on critical areas where sensible, balanced government policies can lay the foundation for innovation that leads to quality jobs and shared prosperity. Significantly, part of that innovation strategy is to ensure that intellectual property is protected in foreign markets.

USTR Working with China to Achieve Progress on IP Issues

With China, the USTR is making use of every available tool to achieve progress on IP issues. That includes the Special 301 report, but it also includes bilateral dialogues and, when appropriate, World Trade Organization dispute settlement.

USTR Working to Finalize Anti-Counterfeiting Trade Agreement

In addition to reporting and engaging bilaterally on other countries' deficiencies in enforcing intellectual property rights, USTR is also providing essential leadership to strengthen international norms for the enforcement of IPR. A key USTR initiative in this area is the Anti-Counterfeiting Trade Agreement (ACTA), which aims to strengthen legal frameworks, to bridge the gap between laws on the books and strong enforcement on the ground, and to foster ongoing cooperation among the ACTA participants.

In this effort, the USTR is partnering with a group of key trading partners including Australia, Canada, the European Union and its 27 member states, Japan, Mexico, Morocco, New Zealand, Singapore, South Korea, and Switzerland. When it is finalized, the ACTA is intended to help governments around the world more effectively combat the proliferation of counterfeit and pirated goods.

PTO Works with Congress, Courts, Other Agencies on IPR Issues

Working with Congress, the courts, and other agencies, the Patent and Trademark Office plays multiple roles in the national effort to address IPR issues, such as:

Grant certain IPR on behalf of the U.S. government

Provide Administration leadership in developing policy that supports statutory case law;

Advocate for the establishment of global IP norms;

Support national and international IP enforcement efforts, advocating protection for support or category-specific U.S. interests; and

Work to build up capacity in other nations so that they can have more effective IP regimes for their own benefit and the benefit of global commerce.

PTO Actively Engaged with Congress to Enact Patent Reform Legislation

The PTO is currently actively engaged with Congress to enact patent reform legislation that fairly balances the interest of innovators across all industries and technologies. PTO is seeking legislative changes that will simplify the patent process, reduce legal costs, improve fairness and make significant progress toward a more harmonized international patent system.

1The House Committee on Oversight and Government Reform's Government Management, Organization and Procurement Subcommittee

(See ITT's Online Archives or 09/23/09 news, 09092320, for BP summary of President Obama's strategy for U.S. innovation, which includes IPR.

See ITT's Online Archives or 12/09/09 news, 09120935, for BP summary of CBP & ICE IPR seizure statistics for FY 2009.)

Hearing information, testimony, etc. (posted 12/09/09) available at http://oversight.house.gov/index.php?option=com_content&task=view&id=4708&Itemid=28