[Federal Register Volume 63, Number 205 (Friday, October 23, 1998)]
[Notices]
[Pages 56963-56964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28441]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Request for Public Comment: Proposed Determination in Section 301
Investigation Concerning Intellectual Property Laws and Practices of
the Government of Paraguay
AGENCY: Office of the United States Trade Representative.
ACTION: Notice of proposed determination and request for written
comments.
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SUMMARY: The United States Trade Representative (USTR) is seeking
public comment on a proposed determination that certain acts, policies
and practices of the Government of Paraguay concerning the protection
and enforcement of intellectual property rights are unreasonable and
constitute a burden or restriction on United States commerce.
DATES: This action was taken October 16, 1998. Written comments of
interested persons are due by noon on November 16, 1998.
ADDRESSES: Office of the United States Trade Representative, 600 17th
Street, NW, Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT:
Claude Burcky, Director for Intellectual Property, (202) 395-6864;
Kellie Meiman, Director for Mercosur and the Southern Cone, (202) 395-
5190; or Geralyn S. Ritter, Assistant General Counsel, (202) 395-6800.
SUPPLEMENTARY INFORMATION: On January 16, 1998, the USTR identified
Paraguay as a ``priority foreign country'' under the ``Special 301''
provisions of the Trade Act of 1974, as amended (19 U.S.C. 2242). In
identifying Paraguay as a ``priority foreign country,'' the USTR noted
deficiencies in Paraguay's acts, policies and practices regarding
intellectual proprerty, including a lack of effective action to enforce
intellectual property rights. The USTR also observed that the
Government of Paraguay had failed to enact adequate and effective
intellectual property legislation covering patents, copyrights and
trademarks. As required under Section 302(b)(2)(A) of the Trade Act (19
U.S.C. 2412(b)(2)(A)), an investigation of these acts, policies and
practices was initiated on February 17, 1998. On August 4, 1998, the
investigation was extended until November 17, 1998, in light of the
complex and complicated issues involved. Thus, pursuant to section
304(a)(3)(B) of the Trade Act, the USTR must determine on or before
November 17, 1998, whether the Government of Paraguay's acts, policies
and practices regarding intellectual property are unreasonable and
burden or restrict U.S. commerce.
During bilateral negotiations held to resolve these issues, the
Government of Paraguay indicated that it has undertaken and will
undertake a number of actions to improve the protection of intellectual
property rights in Paraguay. For example, since this investigation was
initiated, Paraguay has passed new copyright and trademark laws, and
has undertaken efforts to legalize government use of software. The
Government of Paraguay also has made efforts to improve enforcement of
intellectual property rights, including conducting a number of notable
recent seizures of counterfeit and pirated products.
Despite these efforts, significant issues remain unresolved. Piracy
and counterfeiting of U.S. products continue to be serious problems in
Paraguay. Paraguay remains a major transshipment point from which
pirated and counterfeit products are distributed to markets throughout
Latin America. Pirated and counterfeit products continue to be widely
available in retail outlets, particularly in Cuidad del Este. Moreover,
the Paraguayan judicial system fails to provide effective relief for
violations of intellectual property rights. There are frequent reports
that infringers are not prosecuted, that seized products are not
destroyed, that cases are often mishandled, and that judges lack
sufficient understanding of intellectual property issues. In addition,
the recently-passed copyright law fails to provide that copyright
piracy is a ``public'' criminal offense, and therefore public
prosecutors will not enforce its provisions. Finally, Paraguay appears
to have made little progress toward enacting legislation to provide
adequate and effective patent protection.
Proposed Determination
If the issues that are the basis for this investigation are not
addressed, the USTR proposes to determine pursuant to section 304(a)(1)
of the Trade Act that acts, policies, and practices of the Government
of Paraguay with respect to the protection and enforcement of
intellectual property rights are unreasonable and constitute a burden
or restriction on U.S. commerce. In the event the USTR makes such a
determination, the USTR also must determine pursuant to section
304(a)(1)(B) what action, if any, to take in response.
Public Comment
In accordance with section 304(b)(1)(A) of the Trade Act, USTR
invites the presentation of views of interested persons concerning the
determinations required under section 304(a)(1). In particular, written
comments should address: (1) The USTR's proposed determination that the
Government of Paraguay's acts, policies or practices concerning the
protection and enforcement of intellectual property rights are
unreasonable and constitute a burden or restriction on U.S. commerce;
and (2) what actions, if any, would be appropriate to take in response.
Comments must be filed in accordance with the requirements set
forth in 15 CFR 2006.8(b) (55 FR 20,593) and must be filed on or before
noon on Monday, November 16, 1998. Comments must be in English and
provided in twenty copies to: Sybia Harrison, Staff Assistant to the
Section 301 Committee, Room 416, Office of the U.S. Trade
Representative, 600 17th Street, NW, Washington, DC 20508.
Comments will be placed in a file (Docket 301-117) 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. 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 20 copies, and
must be accompanied by a nonconfidential summary of the confidential
information. The nonconfidential summary shall be placed in the file
that is open to public inspection. An appointment to review the docket
(Docket No. 301-117) may be made by calling Brenda Webb (202) 395-6186.
The USTR Reading Room is open to the public from 9:30 a.m. to 12
[[Page 56964]]
noon and 1 p.m. to 4 p.m., Monday through Friday, and is located in
Room 101.
Joanna K. McIntosh,
Chairperson, Section 301 Committee.
[FR Doc. 98-28441 Filed 10-22-98; 8:45 am]
BILLING CODE 3190-01-M
