Entries Matching: Special 301
Yesterday, a draft of the U.S. proposal for an intellectual property (IP) chapter of the transpacific partnership agreement (TPPA) leaked on the Internet. The U.S. proposal calls for IP protections and enforcement obligations more extensive than those called for in the Anti-Counterfeiting Trade Agreement (ACTA) or the most recent U.S. Free Trade Agreement (FTA) – the Korea U.S. (KORUS) FTA.
Here are the highlights of the U.S. proposal:
I'm still learning about Special 301. Last week, I had the opportunity to sit in on the 2011 Special 301 Committee Public Hearing for Interested Parties, during which Rashmi Rangnath, PK staff attorney and director of our Global Knowledge Initiative, testified. Today, she will submit her post-hearing comments. Here are my impressions:
The United States Trade Representative (USTR) plan to publish a separate list of “notorious markets” as part of its report on intellectual property emphasizes the agency's transformation from a trade agency into a law enforcement agency, Public Knowledge (PK) said in comments to USTR filed Thursday (Nov. 5).
“The USTR should stop its transformation into a law enforcement agency,” PK said, adding that “at a minimum” the agency should “acknowledge its new enforcement agenda, and improve its process to respect legal norms.”
A full copy of the comments is here.
In its filing, PK said that USTR is trying to “have it both ways,” by claiming that the “notorious markets” list is not a finding of a violation of law, yet at the same time encouraging local authorities to increase their efforts to combat “piracy.”
Victoria Espinel, the Obama Administration’s Intellectual Property Enforcement Coordinator, this morning released her first strategic plan on IP issues. The plan can be found here.
The following is attributed to Gigi B. Sohn, president and co-founder of Public Knowledge:
“We want to congratulate Victoria Espinel on her first intellectual property report. Her findings show that she understands the concept of balance in copyright law at a time when others in the Administration do not.