[Federal Register Volume 76, Number 188 (Wednesday, September 28, 2011)]
[Notices]
[Pages 60114-60115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24985]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Section 306 Monitoring of Paraguay: Memorandum of Understanding 
on Intellectual Property Rights: Request for Public Comment

AGENCY: Office of the United States Trade Representative.

ACTION: Request for written submissions from the public.

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SUMMARY: In January 1998, the USTR designated Paraguay as a Priority 
Foreign Country in the 1998 Special 301 Report. A Section 301 
investigation was initiated in February 1998, and was suspended in 
November 1998 after the United States and Paraguay successfully entered 
into a Memorandum of Understanding on Intellectual Property Rights. 
USTR subsequently announced that the MOU would be monitored through 
Section 306 of the Trade Act of 1974. USTR hereby requests written 
submissions from the public concerning Paraguay's implementation of the 
MOU on Intellectual Property Rights, and additional actions that 
Paraguay should take, if any, to improve the protection and enforcement 
of intellectual property rights.

Dates: Submissions from the general public and foreign governments must 
be received by Tuesday, October 18, 2011.

ADDRESSES: All comments should be sent electronically to http://www.regulations.gov, docket number USTR-2011-0013. Submissions should 
contain the term ``Paraguay Memorandum of Understanding on Intellectual 
Property Rights'' in the ``Type comment'' field on http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paula Karol Pinha, Director, 
Intellectual Property and Innovation, Office of the United States Trade 
Representative, at (202) 395-5419.

SUPPLEMENTARY INFORMATION: Section 182 of the Trade Act of 1974 (Trade 
Act) (19 U.S.C. 2242) requires the United States Trade Representative 
(USTR) to identify countries that deny adequate and effective 
protection of intellectual property rights (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.) The 
USTR is required to determine which, if any, of these countries should 
be identified as Priority Foreign Countries. Countries placed on the 
Priority Foreign Country list are found to 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 the 
relevant U.S. products. Priority Foreign Countries are subject to an 
investigation under the Section 301 provisions of the Trade Act of 
1974.
    In 1998, the USTR identified Paraguay as a Priority Foreign Country 
in the 1998 Special 301 Report. A Section 301 investigation was 
initiated in February 1998, and was suspended in November 1998 after 
the United States and Paraguay entered into a Memorandum of 
Understanding on Intellectual Property Rights (the ``MOU'') that 
included an Enforcement Action Plan to address the issues that were the 
subject of the Section 301 investigation. The MOU has been extended 
since 1998, and it was renegotiated in 2008 to address legislative 
developments and to better tailor key objectives for the enforcement of 
intellectual property rights. The MOU is scheduled to expire as of 
December 31, 2011.
    The current MOU includes commitments by Paraguay to protect 
intellectual property rights and implement effective enforcement 
mechanisms and practices against intellectual property rights 
violations. It also includes commitments with respect to transparency 
in the administration of intellectual property rights, and reporting of 
enforcement related activities, and commitments with respect to 
training of government officials. The MOU includes an enforcement 
action plan and a consultation mechanism for addressing matters related 
to the MOU.
    USTR hereby requests written submissions from the public concerning 
Paraguay's implementation of the MOU on Intellectual Property Rights, 
and, if applicable, any additional actions that Paraguay should take to 
improve the protection and enforcement of intellectual property rights, 
and any provisions that should be included in the MOU to make it more 
effective. USTR requests that, where relevant, submissions mention 
particular examples of which acts, policies, or practices in Paraguay 
deserve special attention. Submissions may report positive or negative 
developments with respect to the protection and enforcement of 
intellectual property rights in Paraguay and market access for U.S. 
persons who rely on intellectual property.
    Requirements for comments: Comments should include a description of 
the problems or positive developments and the effect of the acts, 
policies, and practices on U.S. industry. Comments should be as 
detailed as possible and should provide all necessary information for 
assessing the effect of the acts, policies, and practices at issue. Any 
comments that include quantitative loss claims should be accompanied by 
the methodology used in calculating such estimated losses. Comments 
must be in English. All comments should be sent electronically to 
http://www.regulations.gov, docket number USTR-2011-0013.
    To submit comments to http://www.regulations.gov, enter docket 
number USTR-2011-0013 on the home page and click ``search.'' The site 
will provide a search-results page listing all 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 
providing comments by filling in a ``Type comment'' field, or by 
attaching a document. It is expected that most comments will be 
provided in an attached document. If a document is attached, it is 
sufficient to type ``See attached'' in the ``Type comment'' field. 
However, all submissions should contain the term ``Paraguay Memorandum 
of Understanding on Intellectual Property Rights'' in the ``General 
Comments'' field.

[[Page 60115]]

    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. 
Confidential business information must be clearly designated as such, 
the submission must be marked ``Business Confidential'' at the top and 
bottom of the cover page and each succeeding page, and should indicate 
using brackets the specific information which is confidential. Any 
comment containing business confidential information must be 
accompanied by a non-confidential summary of the confidential 
information. The non-confidential summary will be placed in the docket 
and open to public inspection.
    USTR will maintain a docket on the Paraguay Memorandum of 
Understanding on Intellectual Property Rights, accessible to the 
public. The public file will include non-confidential comments received 
by USTR from the public, including foreign governments, with respect to 
the Paraguay Memorandum of Understanding on Intellectual Property 
Rights.
    Public inspection of submissions: Comments will be placed in the 
docket and open to public inspection pursuant to 15 CFR 2006.13, except 
confidential business information exempt from public inspection in 
accordance with 15 CFR 2006.15. Comments may be viewed on the http://www.regulations.gov Web site by entering docket number USTR-2011-0013 
in the search field on the home page.

Stanford K. McCoy,
Assistant USTR for Intellectual Property and Innovation.
[FR Doc. 2011-24985 Filed 9-27-11; 8:45 am]
BILLING CODE 3190-W1-P