Identification of Countries That Deny Adequate Protection, or Market Access, for Intellectual Property Rights Under Section 182 of the Trade Act of 1974, 25645-25646 [05-9534]

Download as PDF Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Notices —Programme for change: ERP, HQ building Refurbishment —Voluntary IMO Member State Audit Scheme —Work programme and budget for the 24th financial period 2006–2007 —Technical Co-operation Fund– biennial allocation to support the ITCP Programme for 2006–2007 —Protection of vital shipping lanes —Consideration of the reports of the Maritime Safety Committee, the Legal Committee, and the Technical Cooperation Committee —International Technical Co-operation Special Purpose Funds: International Maritime Security Fund; International SAR Fund —Consideration of the World Maritime University and the IMO International Maritime Law Institute; Reports of the Board of Governors and Budgets —Assembly matters —Review of the Organization’s financial framework in accordance with Assembly resolution A.942(23) —External relations —Report of the status of the Convention and membership of the Organization —Report on the status of conventions and other multilateral instruments in respect of which the Organization performs functions Members of the public may attend this meeting up to the seating capacity of the room. Interested persons may seek information by writing to Ms. Eleanor Thompson, Commandant (G– CI), U.S. Coast Guard Headquarters, 2100 Second Street, SW., Room 2114, Washington, DC 20593–0001 or by calling (202) 267–2246. Dated: May 4, 2005. Clay Diamond, Executive Secretary, Shipping Coordinating Committee, Department of State. [FR Doc. 05–9599 Filed 5–12–05; 8:45 am] Items of principal interest on the agenda are: —Routing of ships, ship reporting and related matters —Revision of the performance standards for integrated navigation systems (INS) and integrated bridge systems (IBS) —Review of the 2000 High Speed Craft (HSC) Code and amendment to the Dynamically Supported Craft (DSC) Code and the 1994 HSC Code —Evaluation of the use of Electronic Chart Display and Information System (ECDIS) and Electronic Navigational Chart (ENC) development —Review of the offshore supply vessel (OSV) guidelines —Review of the Special Purpose Ships (SPS) Code —International Telecommunication Union (TTU) matters, including Radiocommunication ITU–R Study Group 8 —Passenger ship safety: Effective voyage planning for passenger ships —Measures to enhance maritime security —Worldwide radio navigation system (WWRNS) —Casualty analysis —Consideration of International Association of Classification Societies unified interpretations —Revision of the performance standards for voyage data recorders (VDR) and simplified VDR (S–VDR) Members of the public may attend these meetings up to the seating capacity of the room. Interested persons may seek information by writing: Mr. Edward J. LaRue, Jr., U.S. Coast Guard (G–MWV–2), Room 1407, 2100 Second Street SW., Washington, DC 20593–0001 or by calling: (202) 267–0416. DEPARTMENT OF STATE Dated: May 4, 2005. Clayton L. Diamond, Executive Secretary, Shipping Coordinating Committee, Department of State. [FR Doc. 05–9600 Filed 5–12–05; 8:45 am] [Public Notice 5025] BILLING CODE 4710–07–M BILLING CODE 4710–07–P Shipping Coordinating Committee— Notice of Meeting The Shipping Coordinating Committee (SHC) will conduct an open meeting at 9:30 a.m. on Wednesday May 25, 2005, in room 3317, U.S. Coast Guard Headquarters, 2100 Second Street, SW., Washington, DC. The purpose of the meeting is to prepare for the 51st session of the Subcommittee on Safety of Navigation (NAV) of the International Maritime Organization (IMO) which is scheduled for June 6–10, 2005, at the IMO Headquarters in London. VerDate jul<14>2003 15:59 May 12, 2005 Jkt 205001 OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Identification of Countries That Deny Adequate Protection, or Market Access, for Intellectual Property Rights Under Section 182 of the Trade Act of 1974 Office of the United States Trade Representative. ACTION: Notice. AGENCY: SUMMARY: Notice is hereby given that the United States Trade Representative PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 25645 (USTR) has submitted its annual report on the identification of those foreign countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to United States persons that rely upon intellectual property protection, and those foreign countries determined to be priority foreign countries, to the Committee on Finance of the United States Senate and the Committee on Ways and Means of the United States House of Representatives, pursuant to section 182 of the Trade Act of 1974, as amended (the Trade Act) (19 U.S.C. 2242). DATES: This report was submitted on April 29, 2005 and is available on USTR’s Web site at http://www.ustr.gov. ADDRESSES: Office of the United States Trade Representative, 600 17th Street, NW., Washington, DC 20508. FOR FURTHER INFORMATION CONTACT: Jennifer Choe Groves, Director for Intellectual Property at (202) 395–6864, or Stan McCoy, Assistant General Counsel, or Dan Mullaney, Associate General Counsel at (202) 395–7305. SUPPLEMENTARY INFORMATION: Section 182 of the Trade Act requires USTR to identify within 30 days of the publication of the National Trade Estimates Report all trading partners that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. Those countries that have the most onerous or egregious acts, policies, or practices that have the greatest adverse impact (actual or potential) on the relevant U.S. products are to be identified as priority foreign countries, unless they are entering into good faith negotiations or are making significant progress in bilateral or multilateral negotiations to provide adequate and effective protection for intellectual property rights. In identifying countries in this manner, the USTR is directed to take into account the history of intellectual property laws and practices of the foreign country, including any previous identifications as a priority foreign country, and the history of efforts of the United States, and the response of the foreign country, to achieve adequate and effective protection and enforcement of intellectual property rights. In making these determinations, the USTR must consult with the Register of Copyrights, the Commissioner of Patents and Trademarks, and other appropriate officials of the Federal Government, and take into account information from other sources such as information submitted by interested persons. The E:\FR\FM\13MYN1.SGM 13MYN1 25646 Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Notices Special 301 Report is available on USTR’s Web site at http://www.ustr.gov. On April 29, 2005, USTR identified 52 trading partners that deny adequate and effective protection of intellectual property or deny fair and equitable market access to United States artists and industries that rely upon intellectual property protection. USTR announced the results of the out-of-cycle review for China, and stated that it is making a determination on China with multiple elements. First, USTR will work with U.S. industry and other stakeholders with an eye toward utilizing WTO procedures to bring China into compliance with its WTO TRIPS obligations, particularly those requiring transparency and a criminal IPR enforcement system with deterrent effect. Second, USTR will invoke the transparency provisions of the WTO TRIPS Agreement, which will require China to produce detailed documentation on certain aspects of IPR enforcement that affects U.S. rights under the TRIPS Agreement. Third, USTR is elevating China to the Priority Watch List on the basis of serious concerns about China’s compliance with its WTO TRIPS obligations and commitments China made at the April 2004 meeting of the Joint Commission on Commerce and Trade (‘‘JCCT’’) to achieve a significant reduction in IPR infringement throughout China, and make progress in other areas. Fourth, USTR will maintain Section 306 monitoring of China’s implementation of its 1992 and 1995 bilateral agreements with the United States (including additional commitments made in 1996). And finally, USTR will use the JCCT, including the IPR Working Group, to secure new, specific commitments concerning additional actions that China will take to significantly improve IPR protection and enforcement, particularly over the next quarter. China’s fulfillment of these commitments will be a centerpiece of the 2005 JCCT. In addition, USTR maintained Ukraine’s designation as a Priority Foreign Country, and again designated Paraguay for Section 306 monitoring of its commitments under the 2004 Memorandum of Understanding. USTR also announced the placement of 14 trading partners on the Priority Watch List: Argentina, Brazil, China, Egypt, India, Indonesia, Israel, Kuwait, Lebanon, Pakistan, the Philippines, Russia, Turkey, and Venezuela. In addition, USTR placed 36 trading partners on the Watch List: Azerbaijan, Bahamas, Belarus, Belize, Bolivia, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Dominican VerDate jul<14>2003 15:59 May 12, 2005 Jkt 205001 Republic, Ecuador, European Union, Guatemala, Hungary, Italy, Jamaica, Kazakhstan, Korea, Latvia, Lithuania, Malaysia, Mexico, Peru, Poland, Romania, Saudi Arabia, Slovakia, Taiwan, Tajikistan, Thailand, Turkmenistan, Uruguay, Uzbekistan, and Vietnam. USTR will conduct out-ofcycle reviews of Ukraine, Russia, Indonesia, the Philippines, Canada, and Saudi Arabia. Jennifer Choe Groves, Director for Intellectual Property. [FR Doc. 05–9534 Filed 5–12–05; 8:45 am] BILLING CODE 3190–W5–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Docket No. AB–646X] Atlantic & Western Railway, L.P.— Abandonment Exemption—in Lee County, NC Atlantic & Western Railway, L.P. (ATW), has filed a notice of exemption under 49 CFR 1152 subpart F—Exempt Abandonments to abandon a 0.74-mile line of railroad extending from milepost 3.76 (V.S. 198+37) to milepost 4.50 (V.S. 237+47) in Jonesboro, Lee County, NC, constituting the easternmost portion of ATW’s approximately 10-mile line between Cumnock and Jonesboro, NC. The line traverses United States Postal Service Zip Code 27330. ATW has certified that: (1) No local traffic has moved over the line for at least 2 years; (2) no overhead traffic has moved over the line for at least 2 years; (3) no formal complaint filed by a user of rail service on the line (or by a State or local government entity acting on behalf of such user) regarding cessation of service over the line either is pending with the Surface Transportation Board or with any U.S. District Court or has been decided in favor of complainant within the 2-year period; and (4) the requirements at 49 CFR 1105.7 (environmental reports), 49 CFR 1105.8 (historic reports), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper publication), and 49 CFR 1152.50(d)(1) (notice to governmental agencies) have been met. As a condition to this exemption, any employee adversely affected by the abandonment shall be protected under Oregon Short Line R. Co.— Abandonment—Goshen, 360 I.C.C. 91 (1979). To address whether this condition adequately protects affected employees, a petition for partial revocation under 49 U.S.C. 10502(d) must be filed. PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 Provided no formal expression of intent to file an offer of financial assistance (OFA) has been received, this exemption will be effective on June 14, 2005, unless stayed pending reconsideration. Petitions to stay that do not involve environmental issues,1 formal expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),2 and trail use/rail banking requests under 49 CFR 1152.29 must be filed by May 23, 2005. Petitions to reopen or requests for public use conditions under 49 CFR 1152.28 must be filed by June 2, 2005, with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423–0001. A copy of any petition filed with the Board should be sent to ATW’s representative: Andrew B. Kolesar III, Slover & Loftus, 1224 Seventeenth Street, NW., Washington, DC 20036. If the verified notice contains false or misleading information, the exemption is void ab initio. ATW has filed an environmental and historic report which addresses the effects, if any, of the abandonment on the environment and historic resources. SEA will issue an environmental assessment (EA) by May 20, 2005. Interested persons may obtain a copy of the EA by writing to SEA (Room 500, Surface Transportation Board, Washington, DC 20423–0001) or by calling SEA, at (202) 565–1539. [Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1–800–877–8339.] Comments on environmental and historic preservation matters must be file within 15 days after the EA becomes available to the public. Environmental, historic preservation, public use, or trail use/rail banking conditions will be imposed, where appropriate, in a subsequent decision. Pursuant to the provisions of 49 CFR 1152.29(e)(2), ATW shall filed a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the line. If consummation has not been effected by ATW’s filing of a notice of consummation by May 13, 2006, and there are no legal or regulatory barriers 1 The Board will grant a stay if an informed decision on environmental issues (whether raised by a party or by the Board’s Section of Environmental Analysis (SEA) in its independent investigation) cannot be made before the exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any request for a stay should be filed as soon as possible so that the Board may take appropriate action before the exemption’s effective date. 2 Each OFA must be accompanied by the filing fee, which currently is set at $1,200. See 49 CFR 1002.2(f)(25). E:\FR\FM\13MYN1.SGM 13MYN1

Agencies

[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Notices]
[Pages 25645-25646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9534]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Identification of Countries That Deny Adequate Protection, or 
Market Access, for Intellectual Property Rights Under Section 182 of 
the Trade Act of 1974

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given that the United States Trade 
Representative (USTR) has submitted its annual report on the 
identification of those foreign countries that deny adequate and 
effective protection of intellectual property rights or deny fair and 
equitable market access to United States persons that rely upon 
intellectual property protection, and those foreign countries 
determined to be priority foreign countries, to the Committee on 
Finance of the United States Senate and the Committee on Ways and Means 
of the United States House of Representatives, pursuant to section 182 
of the Trade Act of 1974, as amended (the Trade Act) (19 U.S.C. 2242).

DATES: This report was submitted on April 29, 2005 and is available on 
USTR's Web site at http://www.ustr.gov.

ADDRESSES: Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: Jennifer Choe Groves, Director for 
Intellectual Property at (202) 395-6864, or Stan McCoy, Assistant 
General Counsel, or Dan Mullaney, Associate General Counsel at (202) 
395-7305.

SUPPLEMENTARY INFORMATION: Section 182 of the Trade Act requires USTR 
to identify within 30 days of the publication of the National Trade 
Estimates Report all trading partners that deny adequate and effective 
protection of intellectual property rights or deny fair and equitable 
market access to U.S. persons who rely on intellectual property 
protection. Those countries that have the most onerous or egregious 
acts, policies, or practices that have the greatest adverse impact 
(actual or potential) on the relevant U.S. products are to be 
identified as priority foreign countries, unless they are entering into 
good faith negotiations or are making significant progress in bilateral 
or multilateral negotiations to provide adequate and effective 
protection for intellectual property rights. In identifying countries 
in this manner, the USTR is directed to take into account the history 
of intellectual property laws and practices of the foreign country, 
including any previous identifications as a priority foreign country, 
and the history of efforts of the United States, and the response of 
the foreign country, to achieve adequate and effective protection and 
enforcement of intellectual property rights. In making these 
determinations, the USTR must consult with the Register of Copyrights, 
the Commissioner of Patents and Trademarks, and other appropriate 
officials of the Federal Government, and take into account information 
from other sources such as information submitted by interested persons. 
The

[[Page 25646]]

Special 301 Report is available on USTR's Web site at http://
www.ustr.gov.
    On April 29, 2005, USTR identified 52 trading partners that deny 
adequate and effective protection of intellectual property or deny fair 
and equitable market access to United States artists and industries 
that rely upon intellectual property protection.
    USTR announced the results of the out-of-cycle review for China, 
and stated that it is making a determination on China with multiple 
elements. First, USTR will work with U.S. industry and other 
stakeholders with an eye toward utilizing WTO procedures to bring China 
into compliance with its WTO TRIPS obligations, particularly those 
requiring transparency and a criminal IPR enforcement system with 
deterrent effect. Second, USTR will invoke the transparency provisions 
of the WTO TRIPS Agreement, which will require China to produce 
detailed documentation on certain aspects of IPR enforcement that 
affects U.S. rights under the TRIPS Agreement. Third, USTR is elevating 
China to the Priority Watch List on the basis of serious concerns about 
China's compliance with its WTO TRIPS obligations and commitments China 
made at the April 2004 meeting of the Joint Commission on Commerce and 
Trade (``JCCT'') to achieve a significant reduction in IPR infringement 
throughout China, and make progress in other areas. Fourth, USTR will 
maintain Section 306 monitoring of China's implementation of its 1992 
and 1995 bilateral agreements with the United States (including 
additional commitments made in 1996). And finally, USTR will use the 
JCCT, including the IPR Working Group, to secure new, specific 
commitments concerning additional actions that China will take to 
significantly improve IPR protection and enforcement, particularly over 
the next quarter. China's fulfillment of these commitments will be a 
centerpiece of the 2005 JCCT.
    In addition, USTR maintained Ukraine's designation as a Priority 
Foreign Country, and again designated Paraguay for Section 306 
monitoring of its commitments under the 2004 Memorandum of 
Understanding.
    USTR also announced the placement of 14 trading partners on the 
Priority Watch List: Argentina, Brazil, China, Egypt, India, Indonesia, 
Israel, Kuwait, Lebanon, Pakistan, the Philippines, Russia, Turkey, and 
Venezuela. In addition, USTR placed 36 trading partners on the Watch 
List: Azerbaijan, Bahamas, Belarus, Belize, Bolivia, Bulgaria, Canada, 
Chile, Colombia, Costa Rica, Croatia, Dominican Republic, Ecuador, 
European Union, Guatemala, Hungary, Italy, Jamaica, Kazakhstan, Korea, 
Latvia, Lithuania, Malaysia, Mexico, Peru, Poland, Romania, Saudi 
Arabia, Slovakia, Taiwan, Tajikistan, Thailand, Turkmenistan, Uruguay, 
Uzbekistan, and Vietnam. USTR will conduct out-of-cycle reviews of 
Ukraine, Russia, Indonesia, the Philippines, Canada, and Saudi Arabia.

Jennifer Choe Groves,
Director for Intellectual Property.
[FR Doc. 05-9534 Filed 5-12-05; 8:45 am]
BILLING CODE 3190-W5-P