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USTR Launches Review to Gauge India’s Engagement on IPR Concerns

Monday, October 13, 2014
Sandler, Travis & Rosenberg Trade Report

The Office of the U.S. Trade Representative is conducting a Special 301 out-of-cycle review to assess progress made in establishing and building effective, meaningful and constructive engagement with the government of India on intellectual property rights issues of concern, particularly those identified in USTR’s 2014 Special 301 Report in which India was placed on the Priority Watch List.

Special 301 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 IPR protection. 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, 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.

USTR states that to facilitate this review written comments should be as detailed as possible and provide information and views relevant to assessing the quality of the government of India’s engagement on IPR issues of concern, including ideas on how the U.S. and Indian governments can enhance bilateral engagement and recommendations regarding the focus of such engagement, as well as the quality of engagement interested parties have experienced with the government of India on IPR issues. Comments should focus on the period since the issuance of the most recent Special 301 report in April. To the extent relevant, comments should include specific references to laws, regulations, policy statements or other measures that should factor in the review.

Comments are due by Oct. 31 for all commenters other than foreign governments, which have a deadline of Nov. 7.

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