[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Pages 68325-68327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27942]
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DEPARTMENT OF COMMERCE
International Trade Administration
[ITA-2010-0006]
Government Programs to Assist Businesses Protect Their
Intellectual Property Rights (IPR) in Foreign Markets; Notice of
Extension of Comment Period
AGENCY: Office of Intellectual Property Rights, International Trade
Administration, Department of Commerce.
ACTION: Notice of Extension of Comment Period.
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SUMMARY: The International Trade Administration (ITA) of the U.S.
Department of Commerce issued a request for written submissions in the
Federal Register of September 30, 2010 (ITA-2010-0006) concerning
government programs for protecting the intellectual property rights of
U.S. businesses in foreign markets. See 75 FR 60408, Sep. 30, 2010. The
agency is conducting a comprehensive review of existing U.S. efforts
and seeks public input. This document extends the comment period from
October 29, 2010 to November 29, 2010. Comments may be submitted as
instructed in the original Federal Register Notice. See ADDRESSES. ITA
is taking this action in response to requests for an extension to allow
interested persons additional time to submit comments.
DATES: Submissions must be received on or before Monday, November 29,
2010.
ADDRESSES: All comments should be submitted via the Federal eRulemaking
Portal, http://www.regulations.gov, docket number ITA-2010-0006. To
submit comments to http://www.regulations.gov, find the docket by
entering the number ITA-2010-0006 in the ``Enter Keyword or ID'' window
at the http://www.regulations.gov home page and click ``Search.'' The
site will provide a search-results page listing all
[[Page 68326]]
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
submitting comments by filling in a ``Type comment & Upload file''
field, or by attaching a document. Attached documents are preferable.
If a document is attached, please type ``IPR Assistance Review'' in the
``Type comment & Upload file'' field. Submissions in Microsoft Word
(.doc) or Adobe Acrobat (.pdf) are preferred. If the submission is in
an application other than those two, please indicate the name of the
application in the ``Comments'' field. Submissions must be in English.
FOR FURTHER INFORMATION CONTACT: For questions on the submission of
comments, please contact Christine Peterson at (202) 482-1432 or Andrea
Cornwell at (202) 482-0998.
Publication and Confidential Information: Submissions filed in
response to this request will be made available to the public by
posting them on the Internet. For this reason, please do not include in
your comments information of a confidential nature, such as sensitive
personal information or proprietary information. If you have
confidential business information that would support your
recommendation or that you believe would help the U.S. Government
formulate an effective enforcement strategy, please let us know, and we
may request that additional information.
SUPPLEMENTARY INFORMATION: In the Federal Register of September 30,
2010, ITA published a notice for request for comments with a 30-day
comment period. The Agency received and considered requests for an
extension of the comment period and extended the comment period for 30
days until November 29, 2010. The text of the original notice appears
below.
The Department of Commerce invites public input and participation
in shaping government programs for protecting the intellectual property
rights of U.S. businesses, including Small- and Medium-Sized
Enterprises (SMEs), in foreign markets. As evidenced by the launch of
the President's National Export Initiative, improving U.S. Government
support for U.S. business in overseas markets is an Administration
priority. Unfortunately, American exporters face various barriers to
entry in overseas markets including barriers related to intellectual
property rights.
In coordination with the Intellectual Property Enforcement
Coordinator (``IPEC'') and to implement certain action items in the
2010 Joint Strategic Plan on Intellectual Property Enforcement
submitted to Congress by the IPEC, the Department of Commerce is
conducting a comprehensive review of existing U.S. Government efforts
to educate, guide, and provide resources to U.S. businesses that are:
1. Acquiring intellectual property rights in foreign markets;
2. Contemplating exporting intellectual property-based products or
choosing markets for export;
3. Actively entering foreign markets or facing difficulties
entering foreign markets; or
4. Encountering difficulties enforcing their intellectual property
rights in foreign markets.
The goal of the review is to improve efforts to support U.S.
businesses facing barriers related to intellectual property rights
protection and enforcement in overseas markets.
The Department of Commerce is hereby requesting written submissions
from the public. In responding, please consider the questions and
information requests posed below, but do not limit comments to these
areas.
1. Describe your level of familiarity with intellectual property
rights in general and intellectual property rights in foreign markets
in particular.
2. Identify specific challenges businesses, including SMEs, face in
protecting their intellectual property rights abroad.
3. In what countries or regions do businesses need the most
assistance protecting their intellectual property rights? In responding
please prioritize any countries identified.
4. Which specific types of intellectual property (copyrights,
trademarks, patents, trade secrets) present the most challenges to
SMEs? Should U.S. government programs focus on specific areas of
intellectual property protection?
5. Suggest particular outreach, programs or assistance that the
government can provide that would help U.S. businesses overcome those
challenges.
6. Describe your familiarity with or use of current U.S. Government
services and tools related to IPR protection and enforcement in foreign
markets, and assess their usefulness and/or gaps.
7. Assess the adequacy of the intellectual property resources,
tools, services and programs that the U.S. government currently
provides to SMEs.
8. What specific outreach formats (e.g., conferences, webinars,
publications, podcasts) work best for educating U.S. businesses on how
to protect their IPR abroad?
9. Identify specific existing programs provided by the U.S.
Government or governments of other countries that have been
particularly effective at assisting U.S. businesses with protecting
their intellectual property rights in foreign markets (including, if
possible, specific examples illustrating the effectiveness of those
methods).
10. Identify specific existing programs involving cooperation
between stakeholders and the U.S. Government (or between stakeholders
and other governments) that have been particularly effective at
assisting SMEs with the protection of their IP in foreign markets.
11. What additional role(s) should the government play in assisting
businesses with the protection of their intellectual property rights
abroad?
12. Identify additional resources and tools the U.S. Government
could provide to support SMEs as they enforce their intellectual
property rights in foreign markets.
13. Identify the most effective and efficient ways to inform U.S.
businesses of new and existing government offerings that support U.S.
businesses in their efforts to protect their intellectual property
abroad.
14. In a recent report by the International Trade Commission,
combining resources through trade associations or through less formal
groups was one strategy SMEs suggested to reduce trade barriers.
Describe ways the government can support SMEs as they pool resources to
combat infringement abroad.
It is difficult to overstate the value of intellectual property
rights (IPR) to innovation, investment and economic development for
U.S. businesses. Intellectual property rights are also critical to our
small and medium-sized enterprises (SMEs). The U.S. Chamber of Commerce
\1\ estimates that IP-intensive industries employ 18 million Americans,
and the Small Business Administration has estimated that SMEs alone
employ half of Americans and account for 65 percent \2\ of new jobs.
[[Page 68327]]
The theft of IP from SMEs is a serious matter, as it stifles
innovation, slows economic growth, weakens the competitiveness of U.S.
employers, and threatens American jobs. Intellectual property theft at
the hands of foreign companies, consumers, and even governments, has an
adverse impact on all IP-based innovation and economic success. SMEs
are particularly vulnerable because they are at a distinct disadvantage
when confronting these difficulties in foreign markets. The Department
of Commerce's priorities include ensuring that intellectual property
remains a viable driver or innovation, and that our IP-based industries
can compete effectively in the international marketplace. Commerce
Bureaus, namely the U.S. Patent and Trademark Office (USPTO) and the
International Trade Administration (ITA), work alongside the IPEC and
the agencies involved in intellectual property rights enforcement to
help businesses secure and enforce intellectual property rights at home
and abroad.
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\1\ Global Intellectual Property Center, Intellectual Property:
Creating Jobs, Saving Lives, Improving the World, 2009.
\2\ Karen Mills, Administrator of the U.S. Small Business
Administration (SBA), speech at ``Jobs on Main Street, Customers
Around the World'' event hosted by USTR 01-21-10.
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To educate and assist all businesses, and SMEs in particular, the
Department of Commerce has developed a number of IPR tools and
resources. ITA, on behalf of U.S. intellectual property agencies,
launched a Web site in 2004 (http://www.stopfakes.gov) to provide
updates and links to Executive Branch IPR programs. On the Web site,
there are additional resources for businesses such as an online IPR
tutorial, which is available in three languages, country-specific IPR
toolkits and links to other resources such as the American Bar
Association's International IP Advisory Program. The site also allows
businesses to file complaints about IPR-related trade problems, which
are answered by a trade specialist from ITA. The Department of Commerce
also established the 1-866-999-HALT hotline answered by PTO IPR
experts, who work with ITA's Office of Intellectual Property Rights
(OIPR) to help businesses secure and enforce their IPR through
international treaties. Though this list is non-exhaustive, U.S.
agencies recognize that there may be additional government tools and
support on IPR protection and enforcement that could assist U.S.
exporters.
Dated: Monday, November 1, 2010.
Skip Jones,
Deputy Assistant Secretary, Trade Agreements and Compliance, Market
Access and Compliance, International Trade Administration, U.S.
Department of Commerce.
[FR Doc. 2010-27942 Filed 11-4-10; 8:45 am]
BILLING CODE 3510-DA-P