Section I. Developments in IPR Protection and Enforcement
Innovation and creativity are pillars of global economic development. Key to any nation's economic success is the ability to trade intellectual property – including the goods and services that flow from new ideas – in a rules-based system around the world. An important part of the mission of the Office of the United States Trade Representative is to ensure that U.S. creators and innovators benefit from adequate and effective protection and enforcement of their IPR in markets around the world.
IPR infringement causes significant financial losses for rightsholders and legitimate businesses around the world. In its most pernicious forms, it can also endanger the public. Counterfeiting of some products, such as car parts and medicines, poses a real risk to health and safety. Trade in counterfeit and pirated products often fuels organized criminal networks and hinders sustainable economic development in many countries.
Initiatives to Strengthen IPR Internationally
The United States has worked to promote adequate and effective protection and enforcement of IPR through a variety of mechanisms, including the following initiatives:
- World Trade Organization (WTO): The multilateral structure of WTO agreements provides opportunities for USTR to lead engagement with trading partners on IPR issues in several contexts, including accession processes for prospective members like Russia; the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS); and dispute settlement.
- Bilateral and Regional Initiatives: The United States is pleased to have worked together with many countries to strengthen IPR protection and enforcement through the provisions of bilateral and regional agreements, including free trade agreements (FTAs). In addition, Trade and Investment Framework Agreements (TIFAs) between the United States and several countries, including many in the Middle East and Asia, have facilitated discussions on enhancing IPR protection and enforcement.
- Anti-Counterfeiting Trade Agreement (ACTA): The goal of the ACTA initiative is to work with trading partners in favor of strong IPR enforcement to achieve an agreement that raises the international standard for the enforcement of IPR. On April 6, 2009, USTR and its ACTA partners released a detailed summary of the issues under negotiation.
- Trade Preference Program Reviews: USTR reviews IPR practices in connection with the implementation of trade preference programs such as the Generalized System of Preferences (GSP). USTR will continue to review IPR practices in Russia, Lebanon, and Uzbekistan under ongoing GSP reviews. As part of its bi-annual review of the operation of the Caribbean Basin Economic Recovery Act, USTR will review the IPR practices of beneficiaries, including The Bahamas, to assess compliance with the preference
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