94-2080. Request for Public Comment: Determination in Section 301 Investigation Concerning Acts, Policies and Practices of Brazil With Respect to Protection and Enforcement of Intellectual Property Rights

[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2080]


[Federal Register: January 28, 1994]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. 301-91]


Request for Public Comment: Determination in Section 301 
Investigation Concerning Acts, Policies and Practices of Brazil With 
Respect to Protection and Enforcement of Intellectual Property Rights

AGENCY: Office of the United States Trade Representative.

ACTION: Notice of request for written comment from interested persons.

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SUMMARY: The United States Trade Representative (``USTR'') is seeking 
further public comment on acts, policies and practices of the 
Government of Brazil concerning the protection and enforcement of 
intellectual property rights in that country. In particular, USTR seeks 
public comment on whether such acts, policies or practices are 
unreasonable and burden or restrict U.S. commerce, and if so, what 
responsive action, if any, should be taken pursuant to section 301 of 
the Trade Act of 1974, as amended (the ``Trade Act'').

DATES: Written comments of interested persons are due on or before 
Monday, February 28, 1994.

FOR FURTHER INFORMATION CONTACT:
Jon Huenemann, Deputy Assistant USTR for Latin America and Caribbean 
Affairs [phone], Joseph Papovich, Deputy Assistant USTR for 
Intellectual Property [phone], or Thomas Robertson, Assistant 
General Counsel [phone], Office of the United States Trade 
Representative.

SUPPLEMENTARY INFORMATION: On May 28, 1993, the USTR initiated an 
investigation of deficiencies in the acts, policies and practices of 
the Government of Brazil (Brazil) related to the denial of adequate and 
effective protection of intellectual property rights in Brazil. See 58 
FR 31788 (June 4, 1993). Since that time, four rounds of bilateral 
discussions have been held to resolve these issues.
    In the context of these discussions, the Government of Brazil 
indicated that it has undertaken and will undertake as part of its 
domestic reform efforts a number of actions to improve the protection 
of intellectual property in Brazil, and to provide greater market 
access for products relying on the protection of intellectual property. 
These include progress in the areas of protection for trademarks, 
semiconductor mask works (layout designs), and computer programs; 
market access for computer programs; and improvements in the 
enforcement of intellectual property rights, including efforts 
regarding the importation of pirated and counterfeit goods and the 
penalties of infringement of intellectual property rights.
    However, additional issues remain to be resolved. These include, 
among other things, full implementation of the Uruguay Round Trade 
Related Aspects of Intellectual Property (TRIPs) text, most importantly 
with respect to patents, trade secrets, copyrights and semiconductor 
layout designs. The two governments are also discussing issues related 
to fair and equitable access to the Brazilian market for U.S. 
industries that rely on intellectual property protection.
    The original deadline for determinations under section 304(a)(1) of 
the Trade Act with respect to the investigation was November 28, 1993. 
Because the issues that remained outstanding at that time were complex 
and required additional time for resolution, the deadline by which the 
determinations must be made was extended until February 28, 1994. See 
58 FR 64351 (December 6, 1993). In accordance with section 304(b)(1)(A) 
of the Trade Act, USTR invites the presentation of views of interested 
persons concerning the foregoing determinations. In particular, USTR 
would like written comments on whether the Government of Brazil's acts, 
policies or practices with respect to the outstanding issues noted 
above are unreasonable and constitute a burden or restriction on U.S. 
commerce, and, if so, on what actions, if any, would be appropriate. 
The United States in the past has determined that removal of 
Generalized System of Preferences benefits and/or increased tariff 
rates are appropriate after a determination has been made that a 
trading partner fails to provide adequate protection and enforcement of 
intellectual property rights.

Requirements for Submissions

    Comments must be filed in accordance with the requirements set 
forth in 15 CFR 2006.8(b) (55 FR 20593) and are due no later than 
Monday, February 28, 1994. Comments must be in English and provided in 
twenty copies to: Chairman, Section 301 Committee, room 223, USTR, 600 
17th Street, NW., Washington, DC 20506.
    Comments will be placed in a file (Docket 301-91) open to public 
inspection pursuant to 15 CFR 2006.13. Confidential business 
information submitted in accordance with 15 CFR 2006.15 must be clearly 
marked ``BUSINESS CONFIDENTIAL'' in a contrasting color ink at the top 
of each page on each of the 20 copies, and must be accompanied by a 
nonconfidential summary of the confidential information. (Only the 
nonconfidential summary will be placed in the Docket.) The Docket will 
be available for public inspection in the USTR Reading Room (room 101), 
Office of the U.S. Trade Representative, 600 17th Street, NW., 
Washington, DC. An appointment to review the Docket may be made by 
calling Brenda Webb at [phone]. The USTR Reading Room is open to 
the public from 10 a.m. to 12 noon, and from 1 p.m. to 4 p.m., Monday 
through Friday (except holidays).
Irving Williamson,
Chairman, Section 301 Committee.
[FR Doc. 94-2080 Filed 1-27-94; 8:45 am]
BILLING CODE 3190-01-M