- Requiring unnecessary disclosure of confidential business information for regulatory approval, or failing to protect such information.
The United States urges that, in adopting innovation and other policies, trading partners take account of the increasingly cross-border nature of commercial research and development, and of the importance of voluntary and mutually agreed-upon commercial partnerships.
IPR protection is essential to facilitate access to and transfer of today's technologies, and to promote tomorrow's innovation. Without IPR incentives, many of the technologies on which we rely today and will rely upon in the future would not have been developed. For example, in the field of environmental technologies, strong IPR protection can provide incentives for the voluntary transfer of critical green goods and services, and can promote economic growth and create jobs, particularly in developing and least-developed countries that need these benefits most. Without such technologies, inventors and consumers alike would be deprived of critical advances with respect to key environmental challenges, including the mitigation of, and adaptation to, climate change. In addition, firms are likely reluctant to enter into technology transfer arrangements in countries with weak IPR enforcement regimes. Intellectual property rights are thus a key driver of private sector investment. The United States continues to work internationally to ensure robust IPR protection and enforcement, which gives inventors and creators the confidence to invest in the production, adoption, and delivery of goods and services without fear of misappropriation, or outright theft, of their IPR.
Best IPR Practices by Trading Partners
USTR is highlighting certain best practices by trading partners in the area of IPR protection and enforcement:
- USTR continues to encourage trading partners to work with the United States to develop mutually agreed-upon action plans to advance the protection and enforcement of IPR. USTR welcomes the action plan with Russia announced in December 2012, and is working with several trading partners to develop action plans to address the issues discussed in the Special 301 Report. USTR looks forward to continuing to work with these trading partners to finalize and implement these action plans.
- Stakeholders continue to report that a foreign government's transparency in developing legislative or regulatory changes and procedures, as well as its meaningful engagement with them, make it is easier for those stakeholders to comply with legislative or regulatory changes.
- Cooperation among different government agencies is another example of a best practice. Several countries including the United States, have introduced IPR enforcement coordination mechanisms to enhance interagency cooperation. The United States encourages further such efforts internationally.
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