Office of Intellectual Property Rights, International Trade Administration, Department of Commerce.
Request for written submissions from the public.
The Department of Commerce invites public input and participation in shaping government programs for protecting the intellectual property rights of U.S. businesses, including Small- and Medium-Sized Enterprises (SMEs), in foreign markets. As evidenced by the launch of the President's National Export Initiative, improving U.S. Government support for U.S. business in overseas markets is an Administration priority. Unfortunately, American exporters face various barriers to entry in overseas markets including barriers related to intellectual property rights.
In coordination with the Intellectual Property Enforcement Coordinator (“IPEC”) and to implement certain action items in the 2010 Joint Strategic Plan on Intellectual Property Enforcement submitted to Congress by the IPEC, the Department of Commerce is conducting a comprehensive review of existing U.S. Government efforts to educate, guide, and provide resources to U.S. businesses that are:
1. Acquiring intellectual property rights in foreign markets;
2. Contemplating exporting intellectual property-based products or choosing markets for export;
3. Actively entering foreign markets or facing difficulties entering foreign markets; or
4. Encountering difficulties enforcing their intellectual property rights in foreign markets.
The goal of the review is to improve efforts to support U.S. businesses facing barriers related to intellectual property rights protection and enforcement in overseas markets.
1. Describe your level of familiarity with intellectual property rights in general and intellectual property rights in foreign markets in particular.
2. Identify specific challenges businesses, including SMEs, face in protecting their intellectual property rights abroad.
3. In what countries or regions do businesses need the most assistance protecting their intellectual property rights? In responding please prioritize any countries identified.
4. Which specific types of intellectual property (copyrights, trademarks, patents, trade secrets) present the most challenges to SMEs? Should U.S. government programs focus on specific areas of intellectual property protection?
5. Suggest particular outreach, programs or assistance that the government can provide that would help U.S. businesses overcome those challenges.
6. Describe your familiarity with or use of current U.S. Government services and tools related to IPR protection and enforcement in foreign markets, and assess their usefulness and/or gaps.
7. Assess the adequacy of the intellectual property resources, tools, services and programs that the U.S. government currently provides to SMEs.
8. What specific outreach formats (
9. Identify specific existing programs provided by the U.S. Government or governments of other countries that have been particularly effective at assisting U.S. businesses with protecting their intellectual property rights in foreign markets (including, if possible, specific examples illustrating the effectiveness of those methods).
10. Identify specific existing programs involving cooperation between stakeholders and the U.S. Government (or between stakeholders and other governments) that have been particularly effective at assisting SMEs with the protection of their IP in foreign markets.
11. What additional role(s) should the government play in assisting businesses with the protection of their intellectual property rights abroad?
12. Identify additional resources and tools the U.S. Government could provide to support SMEs as they enforce their intellectual property rights in foreign markets.
13. Identify the most effective and efficient ways to inform U.S. businesses of new and existing government offerings that support U.S. businesses in their efforts to protect their intellectual property abroad.
14. In a recent report by the International Trade Commission, combining resources through trade associations or through less formal groups was one strategy SMEs suggested to reduce trade barriers. Describe ways the government can support SMEs as they pool resources to combat infringement abroad.
Submissions must be received on or before Friday, October 29, 2010, at 5 p.m.
Comments must be in English. All comments should be sent electronically via
To submit comments to
The
For questions on the submission of comments, please contact Christine Peterson at (202) 482–1432 or Andrea Cornwell at (202) 482–0998.
Submissions filed in response to this request will be made available to the public by posting them on the Internet. For this reason, please do not include in your comments information of a confidential nature, such as sensitive personal information or proprietary information. If you have confidential business information that would support your recommendation or that you believe would help the U.S. Government formulate an effective enforcement strategy, please let us know, and we may request that additional information.
It is difficult to overstate the value of intellectual property rights (IPR) to innovation, investment and economic development for U.S. businesses. Intellectual property rights are also critical to our small and medium-sized enterprises (SMEs). The U.S. Chamber of Commerce
To educate and assist all businesses, and SMEs in particular, the Department of Commerce has developed a number of IPR tools and resources. ITA, on behalf of U.S. intellectual property agencies, launched a Web site in 2004 (