[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Notices]
[Pages 60114-60115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24985]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Section 306 Monitoring of Paraguay: Memorandum of Understanding
on Intellectual Property Rights: Request for Public Comment
AGENCY: Office of the United States Trade Representative.
ACTION: Request for written submissions from the public.
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SUMMARY: In January 1998, the USTR designated Paraguay as a Priority
Foreign Country in the 1998 Special 301 Report. A Section 301
investigation was initiated in February 1998, and was suspended in
November 1998 after the United States and Paraguay successfully entered
into a Memorandum of Understanding on Intellectual Property Rights.
USTR subsequently announced that the MOU would be monitored through
Section 306 of the Trade Act of 1974. USTR hereby requests written
submissions from the public concerning Paraguay's implementation of the
MOU on Intellectual Property Rights, and additional actions that
Paraguay should take, if any, to improve the protection and enforcement
of intellectual property rights.
Dates: Submissions from the general public and foreign governments must
be received by Tuesday, October 18, 2011.
ADDRESSES: All comments should be sent electronically to http://www.regulations.gov, docket number USTR-2011-0013. Submissions should
contain the term ``Paraguay Memorandum of Understanding on Intellectual
Property Rights'' in the ``Type comment'' field on http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Paula Karol Pinha, Director,
Intellectual Property and Innovation, Office of the United States Trade
Representative, at (202) 395-5419.
SUPPLEMENTARY INFORMATION: Section 182 of the Trade Act of 1974 (Trade
Act) (19 U.S.C. 2242) requires the United States Trade Representative
(USTR) to identify countries that deny adequate and effective
protection of intellectual property rights (IPR) or deny fair and
equitable market access to U.S. persons who rely on intellectual
property protection. (The provisions of Section 182 are commonly
referred to as the ``Special 301'' provisions of the Trade Act.) The
USTR is required to determine which, if any, of these countries should
be identified as Priority Foreign Countries. Countries placed on the
Priority Foreign Country list are found to 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 the
relevant U.S. products. Priority Foreign Countries are subject to an
investigation under the Section 301 provisions of the Trade Act of
1974.
In 1998, the USTR identified Paraguay as a Priority Foreign Country
in the 1998 Special 301 Report. A Section 301 investigation was
initiated in February 1998, and was suspended in November 1998 after
the United States and Paraguay entered into a Memorandum of
Understanding on Intellectual Property Rights (the ``MOU'') that
included an Enforcement Action Plan to address the issues that were the
subject of the Section 301 investigation. The MOU has been extended
since 1998, and it was renegotiated in 2008 to address legislative
developments and to better tailor key objectives for the enforcement of
intellectual property rights. The MOU is scheduled to expire as of
December 31, 2011.
The current MOU includes commitments by Paraguay to protect
intellectual property rights and implement effective enforcement
mechanisms and practices against intellectual property rights
violations. It also includes commitments with respect to transparency
in the administration of intellectual property rights, and reporting of
enforcement related activities, and commitments with respect to
training of government officials. The MOU includes an enforcement
action plan and a consultation mechanism for addressing matters related
to the MOU.
USTR hereby requests written submissions from the public concerning
Paraguay's implementation of the MOU on Intellectual Property Rights,
and, if applicable, any additional actions that Paraguay should take to
improve the protection and enforcement of intellectual property rights,
and any provisions that should be included in the MOU to make it more
effective. USTR requests that, where relevant, submissions mention
particular examples of which acts, policies, or practices in Paraguay
deserve special attention. Submissions may report positive or negative
developments with respect to the protection and enforcement of
intellectual property rights in Paraguay and market access for U.S.
persons who rely on intellectual property.
Requirements for comments: Comments should include a description of
the problems or positive developments 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 at issue. Any
comments that include quantitative loss claims should be accompanied by
the methodology used in calculating such estimated losses. Comments
must be in English. All comments should be sent electronically to
http://www.regulations.gov, docket number USTR-2011-0013.
To submit comments to http://www.regulations.gov, enter docket
number USTR-2011-0013 on the home page and click ``search.'' The site
will provide a search-results page listing all documents associated
with this docket. Find a reference to this notice by selecting
``Notice'' under ``Document Type'' on the left side of the search-
results page, and click on the link entitled ``Submit a comment.'' (For
further information on using the http://www.regulations.gov Web site,
please consult the resources provided on the Web site by clicking on
``How to Use This Site'' on the left side of the home page).
The http://www.regulations.gov site provides the option of
providing comments by filling in a ``Type comment'' field, or by
attaching a document. It is expected that most comments will be
provided in an attached document. If a document is attached, it is
sufficient to type ``See attached'' in the ``Type comment'' field.
However, all submissions should contain the term ``Paraguay Memorandum
of Understanding on Intellectual Property Rights'' in the ``General
Comments'' field.
[[Page 60115]]
A person requesting that information contained in a comment
submitted by that person be treated as confidential business
information must certify that such information is business confidential
and would not customarily be released to the public by the submitter.
Confidential business information must be clearly designated as such,
the submission must be marked ``Business Confidential'' at the top and
bottom of the cover page and each succeeding page, and should indicate
using brackets the specific information which is confidential. Any
comment containing business confidential information must be
accompanied by a non-confidential summary of the confidential
information. The non-confidential summary will be placed in the docket
and open to public inspection.
USTR will maintain a docket on the Paraguay Memorandum of
Understanding on Intellectual Property Rights, accessible to the
public. The public file will include non-confidential comments received
by USTR from the public, including foreign governments, with respect to
the Paraguay Memorandum of Understanding on Intellectual Property
Rights.
Public inspection of submissions: Comments will be placed in the
docket and open to public inspection pursuant to 15 CFR 2006.13, except
confidential business information exempt from public inspection in
accordance with 15 CFR 2006.15. Comments may be viewed on the http://www.regulations.gov Web site by entering docket number USTR-2011-0013
in the search field on the home page.
Stanford K. McCoy,
Assistant USTR for Intellectual Property and Innovation.
[FR Doc. 2011-24985 Filed 9-27-11; 8:45 am]
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