Extension of Comment Period Regarding Comments on Intellectual Property Enforcement in China, 76389 [2011-31305]

Download as PDF Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Notices IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, e.g., the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they will also become a matter of public record. Dated: December 2, 2011. Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer. [FR Doc. 2011–31356 Filed 12–6–11; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No. PTO–C–2011–0081] Extension of Comment Period Regarding Comments on Intellectual Property Enforcement in China United States Patent and Trademark Office, Department of Commerce. ACTION: Notice of extension of public comment period. AGENCY: To provide interested parties with the opportunity to comment further to the original request for public comment (see http://www.gpo.gov/ fdsys/pkg/FR–2011–10–17/pdf/2011– 26757.pdf), The United States Patent and Trademark Office (‘‘USPTO’’) is extending the period for public comment regarding any challenges that U.S. inventors and companies are facing with the judicial and/or administrative patent enforcement systems of the People’s Republic of China. USPTO invites any member of the public to submit written comments on China’s patent enforcement system, including, but not limited to, the following five topics: acquisition and enforcement of utility model and design patents; evidence collection and preservation in Chinese courts; srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:00 Dec 06, 2011 Jkt 226001 obtaining damages and injunctions; enforceability of court orders and judgments; and administrative patent enforcement. The USPTO would like to resolve rights holders’ concerns by working with them to identify problems regarding these and other areas of China’s patent enforcement system so that it can then address these issues with the Chinese Government. To help the USPTO address these issues, it encourages interested members of the public to respond to this request. DATES: Written comments must be received on or before December 21, 2011. Written comments should be sent by electronic mail message via the Internet addressed to IP.Policy@uspto.gov. Comments may also be submitted by mail addressed to: Mail Stop OPEA, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313–1450, Attn: Elizabeth Shaw. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet. If you would like to submit confidential business information that supports your comments, please contact Elizabeth Shaw at elizabeth.shaw2@uspto.gov, or 571– 272–8494. The written comments will be available for public inspection by appointment only at the Office of Policy and External Affairs in the Executive Library located in the Madison West Building, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, 22314. Contact: Elizabeth Shaw at elizabeth.shaw2@uspto.gov, or 571– 272– 8494. Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number should not be included in the comments. FOR FURTHER INFORMATION CONTACT: Elizabeth Shaw, Office of Policy and External Affairs, by phone 571–272– 8494, by facsimile to 571–273–0123, by email at elizabeth.shaw2@uspto.gov, or by mail addressed to: Mail Stop OPEA, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313–1450, Attn: Elizabeth Shaw. ADDRESSES: On October 17, 2011, the USPTO published a Request for Comments on Intellectual Property Enforcement in China. See 76 FR 64075, Oct. 17, 2011. More specifically, the USPTO invited members of the public to comment on their patent enforcement experiences in SUPPLEMENTARY INFORMATION: PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 76389 China. Of concern were the two primary avenues of patent enforcement in China: the judiciary; and the State Intellectual Property Office (SIPO). In regard to the former, concerns over China’s judiciary (such as lack of adequate discovery powers, evidentiary burdens, and low damages rewards) have been cited as reasons why U.S. and foreign companies do not file more patent suits in Chinese courts. In regard to the latter, limited investigative powers of the agency and ineffectual penalties for infringement have been cited as reasons for the weakness of this enforcement route. The notice invited the public to submit written comments on China’s patent enforcement system, including, but not limited to, the following five topics: (1) Acquisition and enforcement of utility model and design patents; (2) evidence collection and preservation in Chinese courts; (3) obtaining damages and injunctions; (4) enforceability of court orders; and (5) administrative patent enforcement. The USPTO is now extending the period for submission of public comments until December 21, 2011. Dated: November 30, 2011. David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2011–31305 Filed 12–6–11; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF DEFENSE Department of the Navy Notice of Public Meeting on the Draft Environmental Impact Statement for Basewide Water Infrastructure and Stuart Mesa Bridge Replacement at Marine Corps Base Camp Pendleton, CA Department of the Navy, DoD. Notice. AGENCY: ACTION: Pursuant to Section (102)(2)(c) of the National Environmental Policy Act of 1969 (NEPA) (42 United States Code [U.S.C.] Sections 4321–4370h); the Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of NEPA (Title 40 Code of Federal Regulations (CFR) parts 1500–1508); Department of the Navy Procedures for Implementing NEPA (32 CFR part 775); and Marine Corps NEPA directives (Marine Corps Order P5090.2A), the Marine Corps (USMC) has prepared and filed with the U.S. Environmental Protection Agency (EPA) a Draft Environmental Impact Statement SUMMARY: E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Notices]
[Page 76389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31305]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. PTO-C-2011-0081]


Extension of Comment Period Regarding Comments on Intellectual 
Property Enforcement in China

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Notice of extension of public comment period.

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

SUMMARY: To provide interested parties with the opportunity to comment 
further to the original request for public comment (see http://www.gpo.gov/fdsys/pkg/FR-2011-10-17/pdf/2011-26757.pdf), The United 
States Patent and Trademark Office (``USPTO'') is extending the period 
for public comment regarding any challenges that U.S. inventors and 
companies are facing with the judicial and/or administrative patent 
enforcement systems of the People's Republic of China.
    USPTO invites any member of the public to submit written comments 
on China's patent enforcement system, including, but not limited to, 
the following five topics: acquisition and enforcement of utility model 
and design patents; evidence collection and preservation in Chinese 
courts; obtaining damages and injunctions; enforceability of court 
orders and judgments; and administrative patent enforcement. The USPTO 
would like to resolve rights holders' concerns by working with them to 
identify problems regarding these and other areas of China's patent 
enforcement system so that it can then address these issues with the 
Chinese Government. To help the USPTO address these issues, it 
encourages interested members of the public to respond to this request.

DATES: Written comments must be received on or before December 21, 
2011.

ADDRESSES: Written comments should be sent by electronic mail message 
via the Internet addressed to IP.Policy@uspto.gov. Comments may also be 
submitted by mail addressed to: Mail Stop OPEA, United States Patent 
and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, Attn: 
Elizabeth Shaw. Although comments may be submitted by mail, the USPTO 
prefers to receive comments via the Internet. If you would like to 
submit confidential business information that supports your comments, 
please contact Elizabeth Shaw at elizabeth.shaw2@uspto.gov, or 571-272-
8494.
    The written comments will be available for public inspection by 
appointment only at the Office of Policy and External Affairs in the 
Executive Library located in the Madison West Building, Tenth Floor, 
600 Dulany Street, Alexandria, Virginia, 22314. Contact: Elizabeth Shaw 
at elizabeth.shaw2@uspto.gov, or 571-272- 8494.
    Because comments will be made available for public inspection, 
information that is not desired to be made public, such as an address 
or phone number should not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Elizabeth Shaw, Office of Policy and 
External Affairs, by phone 571-272-8494, by facsimile to 571-273-0123, 
by email at elizabeth.shaw2@uspto.gov, or by mail addressed to: Mail 
Stop OPEA, United States Patent and Trademark Office, P.O. Box 1450, 
Alexandria, Virginia 22313-1450, Attn: Elizabeth Shaw.

SUPPLEMENTARY INFORMATION: On October 17, 2011, the USPTO published a 
Request for Comments on Intellectual Property Enforcement in China. See 
76 FR 64075, Oct. 17, 2011. More specifically, the USPTO invited 
members of the public to comment on their patent enforcement 
experiences in China. Of concern were the two primary avenues of patent 
enforcement in China: the judiciary; and the State Intellectual 
Property Office (SIPO). In regard to the former, concerns over China's 
judiciary (such as lack of adequate discovery powers, evidentiary 
burdens, and low damages rewards) have been cited as reasons why U.S. 
and foreign companies do not file more patent suits in Chinese courts. 
In regard to the latter, limited investigative powers of the agency and 
ineffectual penalties for infringement have been cited as reasons for 
the weakness of this enforcement route.
    The notice invited the public to submit written comments on China's 
patent enforcement system, including, but not limited to, the following 
five topics: (1) Acquisition and enforcement of utility model and 
design patents; (2) evidence collection and preservation in Chinese 
courts; (3) obtaining damages and injunctions; (4) enforceability of 
court orders; and (5) administrative patent enforcement. The USPTO is 
now extending the period for submission of public comments until 
December 21, 2011.

    Dated: November 30, 2011.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2011-31305 Filed 12-6-11; 8:45 am]
BILLING CODE 3510-16-P