Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Notices 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

[Docket No. 301–104]

Initiation of Section 302 Investigation

and Request for Public Comment:

Practices of the Government of

Pakistan Regarding Patent Protection

for Pharmaceuticals and Agricultural

Chemicals

AGENCY: Office of the United States

Trade Representative.

ACTION: Notice of initiation of

investigation; request for written

comments.

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 Pakistan

that may result in the denial of patents

and exclusive marketing rights to U.S.

individuals and firms involved in the

development of innovative

pharmaceutical and agricultural

chemicals products. The United States

alleges that these acts, policies and

practices are inconsistent with 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 investigated.

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: Office of the United States

Trade Representative, 600 17th Street,

N.W., 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.

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
19972 Federal Register / Vol. 61, No. 87 / Friday, May 3, 1996 / Notices

be initiated to determine whether

certain laws and regulations of Pakistan

affecting the grant of patents and

exclusive marketing rights in innovative

pharmaceutical and agricultural

chemical products are actionable under

section 301(a). Article 70 of the TRIPs

Agreement requires all countries that do

not provide product patent protection

for pharmaceuticals and agricultural

chemicals on January 1, 1995, to

establish by that time a means by which

applications for patents for such

inventions can be filed, which is

commonly referred to as a ‘‘mailbox.’’

These applications are to be reviewed

when such protection is ultimately

provided in accordance with the

transitional provisions of the TRIPs

Agreement. This provision allows

‘‘mailbox’’ applicants to preserve their

original filing date for the purposes of

novelty and nonobviousness

considerations in patentability

determinations. Article 70 of the TRIPs

Agreement also requires those WTO

members delaying the grant of

pharmaceutical and agricultural

chemical product patent protection to

grant ‘‘mailbox’’ applicants up to five

years of marketing exclusivity if such

applicants are granted a patent and

marketing approval in another WTO

member and marketing approval in the

member providing marketing

exclusivity. Pakistan has not yet

established a ‘‘mailbox’’ for the filing of

pharmaceutical and agricultural

chemical product patent applications,

no has it established a system for the

grant of exclusive marketing rights.

These failures would appear 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

Pakistan regarding the issues under

investigation. The request was made

pursuant to Article 4 of the WTO

Understanding on Rules and Procedures

Governing the Settlement of Disputes

(DSU) and Article 64 of the TRIPs

Agreement (to the extent it incorporates

by reference Article XXII of the General

Agreements on Tariff 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

Pakistan 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 301–104) 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. 301–104) may be

made by calling Brenda Webb (202)

395–6186. The USTR Reading Room is

open to the public from 10 a.m. to 12

noon and 1 p.m. to 4 p.m., Monday

through Friday, and is located in Room

101.

Irving A. Williamson,

Chairman, Section 301 Committee.

[FR Doc. 96–11068 Filed 5–2–96; 8:45 am]

BILLING CODE 3190–01–M

DEPARTMENT OF TRANSPORTATION

Aviation Proceedings; Agreements

Filed During the Week Ending April 26,

1996

The following Agreements were filed

with the Department of Transportation

under the provisions of 49 U.S.C 412

and 414. Answers may be filed within

21 days of date of filing.

Docket Number: OST–96–1312.

Date filed: April 25, 1996.

Parties: Members of the International

Air Transport Association.

Subject: COMP Reso 024f—South

Africa/Swaziland, Local Currency Fare

Changes, Intended effective date: June 1,

1996.

Docket Number: OST–96–1313.

Date filed: April 25, 1996.

Parties: Members of the International

Air Transport Association.

Subject: CSC/Reso/001—Expedited

dated April 9, 1996, Expedited Resos—

18th Cargo services Conference

(Summary attached.), Intended effective

date: July 1, 1996.

Docket Number: OST–96–1314.

Date filed: April 25, 1996.

Parties: Members of the International

Air Transport Association.

Subject: CSC/Reso/001—NONExpedited dated April 9, 1996, Finally

Adopted Resos—18th CSC (Summary

attached.), Intended effective date:

October 1, 1996.

Paulette V. Twine,

Chief, Documentary Services Division.

[FR Doc. 96–11102 Filed 5–2–96; 8:45 am]

BILLING CODE 4910–62–P

Notice of Applications for Certificates

of Public Convenience and Necessity

and Foreign Air Carrier Permits Filed

Under Subpart Q During the Week

Ending April 26, 1996

The following Applications for

Certificates of Public Convenience and

Necessity and Foreign Air Carrier

Permits were filed under Subpart Q of

the Department of Transportation’s

Procedural Regulations (See 14 CFR

302.1701 et seq.). The due date for

Answers, Conforming Applications, or

Motions to modify Scope are set forth

below for each application. Following

the Answer period DOT may process the

application by expedited procedures.

Such procedures may consist of the

adoption of a show-cause order, a

tentative order, or in appropriate cases

a final order without further

proceedings.

Docket Number: OST–96–1292.

Date filed: April 22, 1996.

Due Date for Answers, Conforming

Applications, or Motion to Modify

Scope: May 20, 1996.

Description: Application of Polar Air

Cargo, Inc., pursuant to 49 U.S.C.

Section 41101 and Subpart Q of the

Regulations, to amend its certificate of

public convenience and necessity for