[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Notices]
[Pages 19970-19971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11067]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-103]
Initiation of Section 302 Investigation and Request for Public
Comment: Practices of the Government of Portugal Regarding the Term of
Patent Protection
AGENCY: Office of the United States Representative.
ACTION: Notice of initiation of investigation; request for written
comments.
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SUMMARY: The United States Trade Representative (USTR) has initiated an
investigation under section 302(b)(1) of the Trade Act of 1974, as
amended (the Trade Act) (19 U.S.C. 2412(b)(1)), with respect to certain
acts, policies and practices of the Government of Portugal relating to
the term of existing patents. The United States alleges that these
acts, policies and practices result in patents owned by U.S.
individuals and firms receiving shorter terms than those required by
the Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPs Agreement), administered by the World Trade Organization (WTO).
USTR invites written comments from the public on the matters being
investigates.
DATES: This investigation was initiated on April 30, 1996. Written
comments from the public are due on or before noon on Monday, June 3,
1996.
ADDRESSES: Offices of the United States Trade Representative, 600 17th
Street, NW., Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT:
Joseph Papovich, Deputy Assistant USTR for Intellectual Property, (202)
395-6864, or Thomas Robertson, Assistant General Counsel, (202) 395-
6800.
[[Page 19971]]
SUPPLEMENTARY INFORMATION: Section 302(b)(1) of the Trade Act
authorizes the USTR to initiate an investigation under chapter 1 of
Title III of the Trade Act (commonly referred to as ``section 301'')
with respect to any matter in order to determine whether the matter is
actionable under section 301. Matters actionable under section 301
include, inter alia, the denial of rights of the United States under a
trade agreement, or acts, policies, and practices of a foreign country
that violate or are inconsistent with the provisions of, or otherwise
deny benefits to the United States under, any trade agreement.
On April 30, 1996, having consulted with the appropriate private
sector advisory committees, the USTR determined that an investigation
should be initiated to determine whether certain laws and regulations
or Portugal affecting patent term are actionable under section 301(a).
Articles 33 and 65 of the TRIPs Agreement require developed country WTO
members to establish by January 1, 1996, a term of protection for
patents that runs from the date of grant at least until twenty years
after the filing of the application for the patent. Article 70 of the
TRIPs Agreement requires this term of protection to be provided to
patents existing on January 1, 1996, and those granted thereafter.
While Portugal modified its Patent Law to establish a twenty-year-from-
application patent term, this term applies only to patents granted
after June 1, 1995, and does not apply to patents granted before that
time. This failure appears to be inconsistent with the obligations set
forth in Article 70 of the TRIPs Agreement.
Investigation and Consultations
As required in section 303(a) of the Trade Act, the USTR has
requested consultations with the Government of Portugal regarding the
issues under investigation. The request was made pursuant to Article 4
of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU) and Article 64 of the TRIPs Agreement (to the extent
that it incorporates by reference Article XXII of the General Agreement
on Tariffs and Trade 1994). If the consultations do not result in a
satisfactory resolution of the matter, the USTR will request the
establishment of a panel pursuant to Article 6 of the DSU.
Under section 304 of the Trade Act, the USTR must determine within
18 months after the date on which this investigation was initiated, or
within 30 days after the conclusion of WTO dispute settlement
procedures, whichever is earlier, whether any act, policy, or practice
or denial of trade agreement rights described in section 301 of the
Trade Act exists and, if that determination is affirmative, the USTR
must determine what action, if any, to take under section 301 of the
Trade Act.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the acts, policies and practices of Portugal which are the
subject of this investigation, the amount of burden or restriction on
U.S. commerce caused by these acts, policies and practices, and the
determinations required under section 304 of the Trade Act. Comments
must be filed in accordance with the requirements set forth in 15 CFR
2006.8(b) (55 FR 20593) and must be filed on or before noon on Monday,
June 3, 1996. Comments must be in English and provided in twenty copies
to: Sybia Harrison, Staff Assistant to the Section 301 Committee, Room
223, Office of the U.S. Trade Representative, 600 17th Street, NW,
Washington, D.C. 20508.
Comments will be placed in a file (Docket 301-103) 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. 301-103) may be made by calling Brenda Webb (202) 395-6186.
The USTR Reading Room is open to the public from 10:00 a.m. to 12 noon
and 1:00 p.m. to 4:00 p.m., Monday through Friday, and is located in
Room 101.
Irving A. Williamson,
Chairman, Section 301 Committee.
[FR Doc. 96-11067 Filed 5-2-96; 8:45 am]
BILLING CODE 3190-01-M
