[Ip-health] Excerpt from US govt report on IP protection describes the "Trade Agreement Compliance Program"

[Mike Palmedo]

http://www.stopfakes.gov/pdf/2008_NIPLECC_Report_and_Appendices_Final.pdf

REPORT TO THE PRESIDENT AND CONGRESS ON COORDINATION OF INTELLECTUAL
PROPERTY ENFORCEMENT AND PROTECTION

THE NATIONAL INTELLECTUAL PROPERTY LAW ENFORCEMENT COORDINATION COUNCIL

UNITED STATES DEPARTMENT OF COMMERCE
UNITED STATES DEPARTMENT OF HOMELAND SECURITY
UNITED STATES DEPARTMENT OF JUSTICE
UNITED STATES DEPARTMENT OF STATE
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
UNITED STATES COPYRIGHT OFFICE (ADVISOR TO THE COUNCIL)

JANUARY 2008


Chapter V. Aggressively Engaging Our Trading Partners

[snip]

Trade Agreement Compliance Program

Within ITA=92s Market Access and Compliance unit, trade specialists in the
Office of Intellectual Property Rights (OIPR) and country desk officers
monitor the implementation of the intellectual property rights
provisions of U.S. trade agreements. These include multilateral
agreements such as WTO TRIPs, as well as the World Intellectual Property
Organization=92s Copyright Treaty (WCT) and Performances and Phonograms
Treaty (WPPT). OIPR also monitors a number of bilateral agreements, such
as existing FTAs, and the intellectual property MOUs Commerce has signed
with Japan and Paraguay. ITA works closely with U.S. industry and other
U.S. trade agencies, offering a unique perspective in the drafting and
implementation of our trade agreements.

Commerce wide compliance teams=97composed of country, industry, and legal
expertise=97monitor trade agreement compliance on a case-by-case basis to
help individual companies receive fair treatment under our IP trade
agreements. These teams analyze industry data to identify IP-based trade
barriers, develop implementation strategies to resolve problems, raise
concerns with our trading partners regarding IP legislation and
enforcement measures, and counsel U.S. companies on the IP commitments
of our trading partners under existing trade agreements to which the
United States is a party. In this role, ITA has increased its exposure
among SMEs to emphasize all of the resources available to protect their
IP. These include the ability to file concerns about IP related trade
barriers online at stopfakes.gov, or speaking with IP experts through
the STOP! hotline.

Additionally, ITA has increased its public outreach. In FY2006, ITA
conducted 16 outreach events in nine cities nationwide and held four
online seminars, reaching an audience of over 650 participants. During
FY2006, ITA staff worked on IP-related problems in over 35 countries,
including Algeria, Bahrain, Bangladesh, Brazil, Bulgaria, Canada, China,
Colombia, Czech Republic, Egypt, France, Georgia, Ghana, Greece,
Guatemala, India, Jordan, Malaysia, Mexico, Morocco, Nigeria, Panama,
Pakistan, Portugal, Russia, Singapore, South Africa, South Korea,
Sweden, Taiwan, Thailand, Trinidad and Tobago, Turkey, Ukraine, and Vietnam=
.

Within ITA, OIPR works closely with ITA=92s Trade Compliance Center (TCC),
which operates the Compliance Liaison Program. This program includes
approximately 100 trade associations which have appointed a
representative to serve as a liaison between their members and the TCC.
The liaison solicits complaints from members on market access barriers
and agreement compliance problems, including IPrelated issues, and
notifies the TCC and OIPR for action. For example, firms participating
in this program include the Motion Picture Association of America,
Recording Industry Association of America, Business Software Alliance,
American Film Marketing Association, Pharmaceutical Research and
Manufacturers of Association, and the International Anti-Counterfeiting
Coalition. Congressional offices and nationwide U.S. Export Assistance
Centers are also active participants.

[snip]

--
Mike Palmedo
Research Coordinator
Program on Information Justice and Intellectual Property
American University, Washington College of Law
4910 Massachutsetts Ave., NW Washington, DC 20016
T - 202-274-4442 | F 202-274-0659
mpalmedo@wcl.american.edu