USTR Initiates Annual Process of Identifying "Special 301" Countries with Inadequate IPR Protection, Etc.
The Office of the U.S. Trade Representative has issued a notice requesting comments to assist it in identifying countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection for its 2011 “Special 301” review.
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Public comments are due by 5:00 p.m. on February 15, 2011. Foreign government comments are due by 5:00 p.m. February 22, 2011.
USTR Requests Comments on Foreign Countries’ Practices
USTR is required to annually determine which, if any, foreign countries should be identified as Priority Foreign Countries. USTR requests written submissions from the public concerning foreign countries' acts, policies, and practices that are relevant to the decision of whether particular trading partners should be identified as Priority Foreign Countries1 by Section 182 of the Trade Act of 19742, commonly referred to as the ''Special 301'' provision, or placed on the Priority Watch List or Watch List.
Placement of a trading partner on the Priority Watch List or Watch List indicates that particular problems exist in that country with respect to IPR protection, enforcement, or market access for persons relying on intellectual property. Trading partners placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas.
Comments Should Include Description of Problems, Effect on U.S. Industry, Etc.
Comments should include a description of the problems experienced 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 such acts, policies, and practices.
USTR requests that, where relevant, submissions mention particular regions, provinces, states, or other subdivisions of a country in which an act, policy, or practice is believed to warrant special attention. Such mention may be positive or negative. Any comments that include quantitative loss claims should be accompanied by the methodology used in calculating such estimated losses.
A Special 301 Committee public hearing for interested parties and for representatives of foreign governments will be held on March 2, 2011. USTR will publish the 2011 Special 301 Report on or about April 30, 2011.
1Priority Foreign Countries are countries that have the most onerous or egregious acts, policies, or practices and whose acts, policies, or practices have the greatest adverse impact (actual or potential) on relevant U.S. products.
2Section 182 also contains a special rule regarding actions of Canada affecting U.S. cultural industries. The USTR must identify any act, policy, or practice of Canada that affects cultural industries, which is adopted or expanded after December 17, 1992, and is actionable under Article 2106 of the North American Free Trade Agreement (NAFTA). USTR must make the above-referenced identifications within 30 days after publication of the National Trade Estimate Report (approximately April 30, 2011).
(See ITT's Online Archives or 05/07/10 news, 10050768, for BP summary of USTR's 2010 "Special 301" Annual Report.
See ITT's Online Archives or 12/29/10 news, 10122911, for BP summary of USTR 2010 report on China’s WTO compliance.
See ITT’s Online Archives or 12/16/10 and 12/20/10 news, 10121638 and 10122028, for BP summaries of the December 2010 JCCT meeting.)
USTR contact -- Rhonda Lindsay (202) 395-4510.