[Federal Register Volume 61, Number 87 (Friday, May 3, 1996)]
[Notices]
[Pages 19970-19971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11067]



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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. 301-103]


Initiation of Section 302 Investigation and Request for Public 
Comment: Practices of the Government of Portugal Regarding the Term of 
Patent Protection

AGENCY: Office of the United States Representative.

ACTION: Notice of initiation of investigation; request for written 
comments.

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SUMMARY: The United States Trade Representative (USTR) has initiated an 
investigation under section 302(b)(1) of the Trade Act of 1974, as 
amended (the Trade Act) (19 U.S.C. 2412(b)(1)), with respect to certain 
acts, policies and practices of the Government of Portugal relating to 
the term of existing patents. The United States alleges that these 
acts, policies and practices result in patents owned by U.S. 
individuals and firms receiving shorter terms than those required by 
the Agreement on Trade-Related Aspects of Intellectual Property Rights 
(TRIPs Agreement), administered by the World Trade Organization (WTO). 
USTR invites written comments from the public on the matters being 
investigates.

DATES: This investigation was initiated on April 30, 1996. Written 
comments from the public are due on or before noon on Monday, June 3, 
1996.

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

FOR FURTHER INFORMATION CONTACT:
Joseph Papovich, Deputy Assistant USTR for Intellectual Property, (202) 
395-6864, or Thomas Robertson, Assistant General Counsel, (202) 395-
6800.


[[Page 19971]]


SUPPLEMENTARY INFORMATION: Section 302(b)(1) of the Trade Act 
authorizes the USTR to initiate an investigation under chapter 1 of 
Title III of the Trade Act (commonly referred to as ``section 301'') 
with respect to any matter in order to determine whether the matter is 
actionable under section 301. Matters actionable under section 301 
include, inter alia, the denial of rights of the United States under a 
trade agreement, or acts, policies, and practices of a foreign country 
that violate or are inconsistent with the provisions of, or otherwise 
deny benefits to the United States under, any trade agreement.
    On April 30, 1996, having consulted with the appropriate private 
sector advisory committees, the USTR determined that an investigation 
should be initiated to determine whether certain laws and regulations 
or Portugal affecting patent term are actionable under section 301(a). 
Articles 33 and 65 of the TRIPs Agreement require developed country WTO 
members to establish by January 1, 1996, a term of protection for 
patents that runs from the date of grant at least until twenty years 
after the filing of the application for the patent. Article 70 of the 
TRIPs Agreement requires this term of protection to be provided to 
patents existing on January 1, 1996, and those granted thereafter. 
While Portugal modified its Patent Law to establish a twenty-year-from-
application patent term, this term applies only to patents granted 
after June 1, 1995, and does not apply to patents granted before that 
time. This failure appears to be inconsistent with the obligations set 
forth in Article 70 of the TRIPs Agreement.

Investigation and Consultations

    As required in section 303(a) of the Trade Act, the USTR has 
requested consultations with the Government of Portugal regarding the 
issues under investigation. The request was made pursuant to Article 4 
of the Understanding on Rules and Procedures Governing the Settlement 
of Disputes (DSU) and Article 64 of the TRIPs Agreement (to the extent 
that it incorporates by reference Article XXII of the General Agreement 
on Tariffs and Trade 1994). If the consultations do not result in a 
satisfactory resolution of the matter, the USTR will request the 
establishment of a panel pursuant to Article 6 of the DSU.
    Under section 304 of the Trade Act, the USTR must determine within 
18 months after the date on which this investigation was initiated, or 
within 30 days after the conclusion of WTO dispute settlement 
procedures, whichever is earlier, whether any act, policy, or practice 
or denial of trade agreement rights described in section 301 of the 
Trade Act exists and, if that determination is affirmative, the USTR 
must determine what action, if any, to take under section 301 of the 
Trade Act.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the acts, policies and practices of Portugal which are the 
subject of this investigation, the amount of burden or restriction on 
U.S. commerce caused by these acts, policies and practices, and the 
determinations required under section 304 of the Trade Act. Comments 
must be filed in accordance with the requirements set forth in 15 CFR 
2006.8(b) (55 FR 20593) and must be filed on or before noon on Monday, 
June 3, 1996. Comments must be in English and provided in twenty copies 
to: Sybia Harrison, Staff Assistant to the Section 301 Committee, Room 
223, Office of the U.S. Trade Representative, 600 17th Street, NW, 
Washington, D.C. 20508.
    Comments will be placed in a file (Docket 301-103) open to public 
inspection pursuant to 15 CFR 2006.13, except confidential business 
information exempt from public inspection in accordance with 15 CFR 
2006.15. Confidential business information submitted in accordance with 
15 CFR 2006.15 must be clearly marked ``BUSINESS CONFIDENTIAL'' in a 
contrasting color ink at the top of each page on each of 20 copies, and 
must be accompanied by a nonconfidential summary of the confidential 
information. The nonconfidential summary shall be placed in the file 
that is open to public inspection. An appointment to review the docket 
(Docket No. 301-103) may be made by calling Brenda Webb (202) 395-6186. 
The USTR Reading Room is open to the public from 10:00 a.m. to 12 noon 
and 1:00 p.m. to 4:00 p.m., Monday through Friday, and is located in 
Room 101.
Irving A. Williamson,
Chairman, Section 301 Committee.
[FR Doc. 96-11067 Filed 5-2-96; 8:45 am]
BILLING CODE 3190-01-M