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- agreements, including free trade agreements (FTAs). In addition, Trade and Investment Framework Agreements (TIFAs) between the United States and numerous trading partners, including in the Middle East and Asia, have facilitated discussions on enhancing IPR protection and enforcement.
- 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) program, and regional programs including the Caribbean Basin Economic Recovery Act (CBERA). USTR will continue to review IPR practices in Russia, Lebanon, and Uzbekistan under ongoing GSP reviews, in anticipation of the reauthorization of the GSP program.
- Expanded International Cooperation: USTR, in coordination with other agencies, looks forward to continuing engagement with trading partners in bilateral, regional, and multilateral fora to improve the global IPR environment. In addition to the work described above, the United States anticipates engaging with its trading partners in initiatives such as the U.S.-EU Summit, and in the Asia Pacific Economic Cooperation (APEC) forum, the Organization for Economic Cooperation and Development (OECD), and other multilateral and regional fora.
Best Practices by Trading Partners – IPR Enforcement
Pursuant to the Administration's Joint Strategic Plan on IP Enforcement, USTR is highlighting best practices by trading partners in the area of IPR enforcement. In comments submitted for this year's Special 301 review process, stakeholders highlighted several key examples of best practices by U.S. trading partners:
- Stakeholders report that where foreign governments are open and transparent in bringing about legislative or regulatory change, and where such governments ensure that there is open dialogue between government officials and affected parties, it is easier for those stakeholders to comply with legislative or regulatory changes. Trading partners commended for improved cooperation and stakeholder engagement include Argentina, Canada, Guatemala, Italy, Malaysia, Mexico, and Pakistan, among others.
- Another important best practice may be found in trading partners' efforts to tackle new challenges in IPR protection and enforcement. For example, industry reports positive efforts by China in tackling the serious problem of counterfeit drugs available through online advertisements and "Internet pharmacies" by working across ministries to target websites that knowingly violate local IPR laws. There were also positive reports regarding Russia's efforts to combat counterfeit medicines through a Memorandum of Understanding between the Ministry of Health and the Federal Service for Intellectual Property.
- Finally, a significant best practice is the active participation of government officials in capacity building efforts and training. As further explained below, the United States strongly encourages foreign governments to make training opportunities available to their officials, and it actively engages with its trading partners in capacity building efforts both in the United States and abroad.
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