Special 301

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  • © Altacit Global 2009 Email: info@altacit.com
  • Special 301

    1. 1. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. SPECIAL 301 Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com Jeni Varghese WEBSITE Patent Department www.altacit.com
    2. 2. INTRODUCTION • Special 301 provisions of the Trade Act 1988 CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. provides the Office of the United States Trade Tel: +91 - 44 - 2498 4821 Representative (USTR) with the authority to BANGALORE Suite 920, Level 9, Raheja Towers, identify foreign countries that deny adequate and 26-27, M G Road, Bangalore - 560 001. effective protection of Intellectual property rights Tel: +91 - 80 - 6546 2400 COIMBATORE (IPR). BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. • The USTR must undertake annual surveys of Tel: +91 - 422 – 6552921 foreign countries intellectual property laws and policies. • The USTR by April 30th of each year must identify countries that do not provide adequate and effective EMAIL protection of IPR. info@altacit.com WEBSITE www.altacit.com
    3. 3. CONT. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Special 301 Report: Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 •The Special 301 Report is a review of the BANGALORE Suite 920, Level 9, Raheja Towers, global state of IPR protection and 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 enforcement. COIMBATORE BB1, Park Avenue, •Prepared annually by the USTR. # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 •The Report identifies trade barriers to US companies and products due to the intellectual property laws. •First Special 301 report was published in EMAIL info@altacit.com 1989. WEBSITE www.altacit.com
    4. 4. COUNTRY IDENTIFICATION FACTORS CHENNAI3rd Floor, ‘Creative Enclave’, • Based on the USTR’s annual trade barriers report148-150, Luz Church Road, Mylapore, Chennai - 600 004. and consultations with a wide variety of sources, including government agencies, industry groups, Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, other private sector, foreign governments etc. 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 • History of the intellectual laws and practices of the COIMBATORE BB1, Park Avenue, foreign country. # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • Level of the foreign country’s IPR infringement and their impact on the U.S. economy. • The sincerity of the country’s commitment to multilateral and bilateral trade agreements. EMAIL info@altacit.com WEBSITE www.altacit.com
    5. 5. CATEGORIES- FOREIGN COUNTRIES CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Foreign countries are categorized into Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, (I) PRIORITY FOREIGN COUNTRIES 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. (II) PRIORITY WATCH LIST Tel: +91 - 422 – 6552921 (III) WATCH LIST EMAIL info@altacit.com WEBSITE www.altacit.com
    6. 6. PRIORITY FOREIGN COUNTRY CHENNAI3rd Floor, ‘Creative Enclave’, A country is a priority foreign country (PFC) if148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 (ii)It has policies and practices that (i) deny adequate BANGALORE and effective intellectual property rights, (ii) deny fair and equitable market access to US persons; and Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 (iii)It does not enter into good faith negotiations or COIMBATORE BB1, Park Avenue, make significant progress in multilateral and # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 bilateral negotiations to provide adequate and effective protection of intellectual property rights. Priority Foreign Countries are subject to an investigation by USTR under the Section 301 provisions of the Trade Act. EMAIL info@altacit.com WEBSITE www.altacit.com
    7. 7. CONT. • Section 301 investigation: The USTR must first CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. seek consultations with the foreign government Tel: +91 - 44 - 2498 4821 whose acts, policies, or practices are under the BANGALORE Suite 920, Level 9, Raheja Towers, subject of the investigation. If the consultations do 26-27, M G Road, Bangalore - 560 001. not result in a settlement of the matter, certain Tel: +91 - 80 - 6546 2400 COIMBATORE remedial enforcement actions may be taken under BB1, Park Avenue, # 48, Race Course Road, Section 301 like suspending trade concessions and Coimbatore - 641018. Tel: +91 - 422 – 6552921 imposing import restrictions or duties etc. • The USTR must start investigations within 30 days of a country being identified as “priority foreign country”. EMAIL • Investigations must conclude within six months, info@altacit.com WEBSITE with the possibility of three months extension. www.altacit.com
    8. 8. PRIORITY WATCH LIST AND WATCH LIST COUNTRIES CHENNAI3rd Floor, ‘Creative Enclave’, Priority Watch List countries: Those countries whose148-150, Luz Church Road, acts, policies, and practices warrant concern, but do not meet all Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 of the criteria for identification as a Priority Foreign Country. BANGALORE Suite 920, Level 9, Watch List countries: Those countries having intellectual Raheja Towers, 26-27, M G Road, property protection inadequacies that are less severe than those Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 on the Priority Watch List, but still attract U.S. attention. COIMBATORE A new initiative was taken by the USTR in the 2011 BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 review, whereby it invited any country appearing on the Special 301 Priority Watch List or Watch List to negotiate a mutually agreed action plan designed to lead to that country’s removal from the relevant list. EMAIL info@altacit.com Priority Watch List or Watch List countries are WEBSITE www.altacit.com identified in the Special 301 report.
    9. 9. SECTION 306 MONITORING CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • Countries identified for “Section 306” are monitored for compliance with bilateral Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, intellectual property agreements used to resolve investigations under Section 301. Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, • USTR may apply sanctions if a country # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 fails to satisfactorily implement the agreement. EMAIL info@altacit.com WEBSITE www.altacit.com
    10. 10. OUT-OF-CYCLE REVIEWS (OCR) CHENNAI3rd Floor, ‘Creative Enclave’, • The USTR also launches out-of-cycle reviews on148-150, Luz Church Road, Mylapore, Chennai - 600 004. countries to monitor their progress on intellectual property issues. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, • It provides an opportunity for heightened Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 engagement with countries to address and remedy COIMBATORE BB1, Park Avenue, intellectual property issues. # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • Out-of-cycle reviews are conducted on countries that USTR considers to require further review and may result in status changes for the subsequent Special 301 report. EMAIL info@altacit.com WEBSITE www.altacit.com
    11. 11. SPECIAL 301 SUB-COMMITTEE CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • The Special 301 Sub Committee of the Trade Policy Staff Committee (TPSC) Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, advices the USTR on which countries to designate as “priority foreign countries” or Raheja Towers, 26-27, M G Road, Bangalore - 560 001. to include in the “watch lists”. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • The Special 301 Sub Committee takes views of US Companies, Government, public etc. EMAIL info@altacit.com WEBSITE www.altacit.com
    12. 12. SPECIAL 301 2011 REPORT CHENNAI3rd Floor, ‘Creative Enclave’, In 2011 report, 12 countries were placed under148-150, Luz Church Road, Mylapore, Chennai - 600 004. Priority Watch List and 28 countries on the Watch List. Tel: +91 - 44 - 2498 4821 BANGALORE INDIA Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 •India has been on the Priority Watch List since 1989 COIMBATORE BB1, Park Avenue, and was named a Priority Foreign Country in # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 1991-1994. •As per the Special 301 2011 Report, India is placed in the Priority Watch List category. •Protection of intellectual property in many areas are EMAIL weak due in part to inadequate laws and to ineffective info@altacit.com enforcement. WEBSITE www.altacit.com
    13. 13. CONCLUSION CHENNAI3rd Floor, ‘Creative Enclave’, Special 301 is often criticized as a very clear manner148-150, Luz Church Road, Mylapore, Chennai - 600 004. in which the U.S. can impose its own IP agenda to other countries, particularly developing economies. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, Special 301 ranks countries based on vague criteria, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 mostly views of external sources are taken and it COIMBATORE pressures countries to sign international agreements BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. that don’t currently bind them and that these countries Tel: +91 - 422 – 6552921 possibly consider detrimental to their national interest. EMAIL info@altacit.com WEBSITE www.altacit.com
    14. 14. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, THANK YOU 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com

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