[Ip-health] Explosion in Special 301 filings

[Sean Flynn]

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Press representatives covering IP policies may want to start paying
close attention to the Special 301 process this year.



Comments in the USTR's Special 301 process are due today at 5pm. And it
is already clear that the number of fillings will break all previous
records for participation in the process.



When I last checked this afternoon there were over 250 comments
submitted to USTR (not including our two, one on behalf of U.S. state
officials and one for public health organizations).



In comparison, in 2007 there were 26 submissions, in 2008 there were 23.
For the 2009 report, foreign countries (the primary targets of 301) were
given two extra weeks to respond to industry complaints, and 55
submissions were received.



This year, foreign country submissions are not due until next week, so
the 250 submissions so far do not include country replies to industry
complaints.



Most of the 250 comments so far appear to be individuals or non-profit
organizations. A big change from previously when only one US public
interest organization submitted comments (KEI) and very few individuals
did.



The change can likely be attributed to several factors:

(1) USTR expanded the process to include a first ever oral hearing, to
be conducted March 3 and did outreach to increase participation,

(2) public interest groups organized and spread the word to others to
encourage participation, including through a Public Knowledge action
alert, and

(3) related to (2), this year is the first real Special 301 report under
the Obama Administration, and submissions may be seeking to transform
Bush Administration policies,

(4) there is enormous anger at the secret negotiation of the ACTA
agreement, which many of the comments focus on.



There has not been a great deal of mainstream press on the special 301
process in the past. But it clear that something is a foot here and it
would be interesting to have more exploration of the topic.



To track the comments or submit one yourself,

1.            go to regulations.gov

2.            in the field labeled "Enter Keyword or ID," enter
"USTR-2010-0003"

3.            at the bottom right of the results page, click the link
for "submit a comment"

4.            This takes you to an online form in which you fill out
your name, contact info, affiliation, etc. There is a box in which you
write short statement saying that you intend to testify.  There is also
the option to attach a document, but you do not need to attach one.



Sean Flynn

Associate Director

Program on Information Justice and Intellectual Property

American University Washington College of Law

202 274 4157

www.pijip.org