Federal Register: July 2, 2009 (Volume 74, Number 126)
DOCID: fr02jy09-109 FR Doc E9-15608
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
Trade Representative, Office of United States
NOTICE: NOTICES
DOCID: fr02jy09-109
DOCUMENT ACTION: Decision not to initiate investigation.
SUBJECT CATEGORY:
Petition Under Section 301 on Israel's Protection of Intellectual Property Rights; Decision Not To Initiate Investigation
DATES: Effective Date: June 25, 2009.
DOCUMENT SUMMARY:
The United States Trade Representative (USTR) has determined not to initiate an investigation under section 301 of the Trade Act of 1974 with respect to a petition alleging that the Government of Israel has breached obligations under the WTO Agreement to protect intellectual property rights (IPR).
SUMMARY:
Petition under Section 301 on Israel’s Protection of Intellectual Property Rights; Decision Not to Initiate Investigation
SUPPLEMENTAL INFORMATION
On May 13, 2009, the Institute for Research: Middle Eastern Policy (IRMEP) filed a petition pursuant to section 302 of the Trade Act of 1974, as amended (the Trade Act)(19 U.S.C. 2412), alleging that acts, policies and practices of the Government of Israel are inconsistent with the obligations of Israel under Article 39 of the Agreement on TradeRelated Aspects of Intellectual Property Rights (TRIPS Agreement), among other allegations. The petition presents five separate ``complaints'' involving: (1) Access to a 1985 classified report relating to the negotiation of the U.S.Israel FTA; (2) militaryindustrial espionage; (3) intellectual property rights of U.S. pharmaceutical firms; (4) the use of the proceeds from diamond exports; and (5) the conduct of proIsrael lobbyists. The petition alleges that the bilateral U.S.Israel trade deficit results from the matters complained of in the petition, and that the bilateral trade deficit results in the loss of U.S. jobs. The petition requests the Trade Representative to ``immediately suspend the U.S.Israel FTA until such time as IRMEP's complaints are addressed and Israel has provided damages for past violations of IP rights.''
The Trade Representative has decided not to initiate an
investigation regarding the petition on three separate grounds. First,
IRMEPwhich describes itself as an organization involved in Middle
Eastern policy formulationfails to allege the ``significant
interest'' necessary to have standing to file a petition addressed to
an alleged denial of U.S. IP rights. Second, the initiation of a
Section 301 investigation in response to the petition would not be an
effective means to address the matters raised in the petition. Most of
the matters raised in the petition are unconnected to the alleged
breach of Article 39 of the TRIPS Agreement. And, to the extent the
petition does describe any TRIPS Agreement issues, those issues would
be addressed more effectively through the established Special 301
process and the ongoing OutofCycle Review of Israel's IPR protection
(see pp.1920 of the 2009 Special 301 Report at http://www.ustr.gov for
a description of the OutofCycle Review of Israel). Third, the
petition seeks a form of reliefthe immediate suspension of the US
Israel FTA without any form of investigation or dispute settlementnot provided for under the Section 301 statute.
Daniel Brinza,
Assistant United States Trade Representative for Monitoring and Enforcement.
[FR Doc. E915608 Filed 7109; 8:45 am]
BILLING CODE 3190W9P
FOR FURTHER INFORMATION CONTACT
Jennifer Choe Groves, Senior Director for Intellectual Property and Innovation and Chair of the Special 301 Committee, (202) 3954510; or William Busis, Associate General Counsel and Chair of the Section 301 Committee, (202) 3953150.