[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60229-60230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23763]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. USTR-2014-0019]
2014 Special 301 Out-of-Cycle Review of Kuwait
AGENCY: Office of the United States Trade Representative.
ACTION: Request for written comments.
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SUMMARY: In the 2014 Special 301 Report, the Office of the United
States Trade Representative (USTR) announced that, in order to monitor
progress on specific intellectual property rights (IPR) issues, an Out-
of-Cycle Review (OCR) would be conducted for Kuwait. USTR requests
written comments from the public concerning any act, policy, or
practice that is relevant to the decision regarding whether Kuwait
should be identified under Section 182 of the Trade Act of 1974 (Trade
Act) (19 U.S.C. 2242). The 2014 Special 301 Report is available at
www.ustr.gov.
Deadlines: The deadline for the public, except foreign governments,
to submit written comments is Wednesday, October 15, 2014. The deadline
for foreign governments to submit written comments is Monday, October
20, 2014.
ADDRESSES: All written comments should be filed electronically via
www.regulations.gov, Docket Number USTR-2014-0019, and be consistent
with the requirements set forth below. Please specify ``2014 Special
301 Out-of-Cycle Review of Kuwait'' in the ``Type Comment'' field.
FOR FURTHER INFORMATION CONTACT: Susan Wilson, Director for
Intellectual Property and Innovation, Office of the United States Trade
Representative, at [email protected]. Please do not file comments
at this address. Information on the Special 301 Review is available at
www.ustr.gov.
SUPPLEMENTARY INFORMATION:
[[Page 60230]]
1. Background
Section 182 of the Trade Act requires USTR to identify countries
that deny adequate and effective protection of 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.
Those 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
are to be identified as Priority Foreign Countries. In addition, USTR
has created a ``Priority Watch List'' and a ``Watch List'' under
Special 301 provisions. 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.
An OCR is a tool that USTR uses to encourage progress on IPR issues
of concern. It provides an opportunity for heightened engagement with a
trading partner to address and remedy such issues. Successful
resolution of specific IPR issues of concern or lack of action on that
concern can lead to a change in a trading partner's Special 301 status
outside of the time frame for the annual Special 301 Review.
In the 2014 Special 301 Report, USTR noted that it would conduct an
OCR of Kuwait focusing in particular on the Government of Kuwait's
efforts to address deficiencies in both its copyright legislation and
its intellectual property enforcement practices. The 2014 Special 301
Report included specific steps that Kuwait would need to take by the
conclusion of the OCR to avoid being moved to the Priority Watch List:
(1) Introduce amendments to the current copyright legislation that meet
international standards; and (2) resume enforcement against both
copyright piracy and trademark infringement.
2. Written Comments
a. Requirements for Written Comments
To facilitate the review, written comments should be as detailed as
possible and provide all necessary information for identifying and
assessing the effect of the acts, policies, and practices of Kuwait
relevant to the issues being reviewed in the OCR. Comments should
include: Information relating to the status of any amendments that have
been introduced to the current copyright legislation of Kuwait; the
substance of the amendments, particularly their consistency with
international standards; and the change, if any, of the frequency of
enforcement actions against copyright and trademark infringement. USTR
requests that interested parties provide specific references to laws,
regulations, policy statements, executive, presidential or other
orders, administrative, court or other determinations that should be
factored in the review.
b. Instructions for Submitting Comments
Comments must be in English. To ensure the timely receipt and
consideration of comments, USTR strongly encourages commenters to
submit comments electronically, using the www.regulations.gov Web site.
To submit comments via www.regulations.gov, enter Docket Number USTR-
2014-0019 on the home page and click ``Search.'' The site will provide
a search-results page listing all documents associated with this
docket. Find the reference to this notice and click on the link
entitled ``Comment Now!'' For further information on using the
www.regulations.gov Web site, please consult the resources provided on
the site by clicking on ``How to use Regulations.gov'' at the bottom of
the home page under ``Help.''
The www.regulations.gov Web site allows users to provide comments
by filling in a ``Type Comment'' field, or by attaching a document
using an ``Upload File'' field. USTR prefers that comments be provided
in an attached document. If a document is attached, please type ``2014
Out-of-Cycle Review of Kuwait'' in the ``Type Comment'' field. USTR
prefers submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf)
format. If the submission is in another file format, please indicate
the name of the software application in the ``Type Comment'' field.
File names should reflect the name of the person or entity submitting
the comments. Please do not attach separate cover letters to electronic
submissions; rather, include any information that might appear in a
cover letter in the comments themselves. Similarly, to the extent
possible, please include any exhibits, annexes, or other attachments in
the same file as the comment itself, rather than submitting them as
separate files.
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.
In the document, confidential business information must clearly be
designated as such; the submission must be marked ``BUSINESS
CONFIDENTIAL'' on the cover page and each succeeding page, and the
submission should clearly indicate, via brackets, highlighting, or
other means, the specific information that is business confidential.
Additionally, the submitter should type ``Business Confidential 2014
Out-of-Cycle Review of Kuwait'' in the ``Type Comment'' field. Anyone
submitting a comment containing business confidential information must
also submit, as a separate submission, a non-business confidential
version of the submission, indicating where the business confidential
information has been redacted. The filenames of both documents should
reflect their status--``BC'' for the business confidential version and
``P'' for the public version. The non-business confidential version
will be placed in the docket at www.regulations.gov and be available
for public inspection.
As noted, USTR strongly urges commenters to submit comments through
www.regulations.gov. Any alternative arrangements must be made in
advance of transmitting a comment and in advance of the relevant
deadline by contacting USTR at [email protected].
3. Inspection of Comments
Comments received will be placed in the docket and open to public
inspection pursuant to 15 CFR 2006.13, except business confidential
information exempt from public inspection in accordance with 15 CFR
2006.15. Comments may be viewed free of charge by visiting
www.regulations.gov and entering Docket Number USTR-2014-0019 in the
``Search'' field on the home page.
Susan F. Wilson,
Director for Intellectual Property and Innovation.
[FR Doc. 2014-23763 Filed 10-3-14; 8:45 am]
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