83 FR 46522 - Request of the U.S. Intellectual Property Enforcement Coordinator for Public Comments: Development of the Joint Strategic Plan on Intellectual Property Enforcement
OFFICE OF MANAGEMENT AND BUDGET Federal Register Volume 83, Issue 178 (September 13, 2018)
Federal Register Volume 83, Issue 178 (September 13, 2018)
| Page Range | 46522-46523 | |
| FR Document | 2018-19863 |
[Federal Register Volume 83, Number 178 (Thursday, September 13, 2018)] [Notices] [Pages 46522-46523] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19863] ======================================================================= ----------------------------------------------------------------------- OFFICE OF MANAGEMENT AND BUDGET Request of the U.S. Intellectual Property Enforcement Coordinator for Public Comments: Development of the Joint Strategic Plan on Intellectual Property Enforcement AGENCY: Office of the U.S. Intellectual Property Enforcement Coordinator, Executive Office of the President, Office of Management and Budget. ACTION: Request for written submissions from the public. ----------------------------------------------------------------------- SUMMARY: The Federal Government is starting the process to develop a new 3-year Joint Strategic Plan on Intellectual Property Enforcement. By committing to common goals, the U.S. Government will more effectively and efficiently promote and protect our intellectual property. In this request for comments, the Executive Office of the President (``EOP''), Office of the U.S. Intellectual Property Enforcement Coordinator invites public input and participation in shaping the Administration's intellectual property enforcement strategy. The Office of the U.S. Intellectual Property Enforcement Coordinator (``IPEC'') is charged with developing, with certain Federal departments and agencies, the Administration's Joint Strategic Plan on Intellectual Property Enforcement for submission to Congress every three years. The previous 3-year Joint Strategic Plans were issued in 2010, 2013, and 2016. To assist IPEC and Federal agencies in our preparation of the fourth 3-year plan, IPEC requests input and recommendations from the public for improving the U.S. Government's intellectual property enforcement efforts, along the lines of this Administration's four-part strategic approach, described in greater detail below. DATES: Submissions must be received on or before November 13, 2018, at 5 p.m. ADDRESSES: All submissions should be electronically submitted to http://www.regulations.gov. If you are unable to provide submissions to regulations.gov, you may contact the Office of the U.S. Intellectual Property [[Page 46523]] Enforcement Coordinator at [email protected] using the subject line ``Development of the Joint Strategic Plan on Intellectual Property Enforcement'' to arrange for an alternate method of transmission. The regulations.gov website is a Federal E-Government website that allows the public to find, review and submit comments on documents that have published in the Federal Register and that are open for comment. Submissions filed via the regulations.gov website will be available to the public for review and inspection. For this reason, please do not include in your comments information of a confidential nature, such as sensitive personal information or proprietary business information. FOR FURTHER INFORMATION CONTACT: John Levock, 202-395-3826, Office of the U.S. Intellectual Property Enforcement Coordinator, at [email protected]. SUPPLEMENTARY INFORMATION: Since January 2017, President Trump and his Administration have worked to promote strong intellectual property rights protection and enforcement, both domestically and abroad. As part of an integrated approach, the Trump Administration views our intellectual property strategy, policy and enforcement efforts, together, as key to helping secure the future of our innovative economy and to maintaining our competitive advantage. As the Administration continues to build on past strategic efforts in all areas of intellectual property policy (including patents, copyrights, trademarks and trade secrets), both domestically and abroad, the Administration also recognizes that for the United States to maintain its future economic competitiveness, we need to think strategically and shift the paradigm to one where we not only place America First, but regard America's inventive and creative capacity as something that we must protect, promote and prioritize. As explained in the Annual Intellectual Property Report to Congress (https://www.whitehouse.gov/wp-content/uploads/2017/11/2018Annual_IPEC_Report_to_Congress.pdf), the Trump Administration has taken significant actions to promote and protect intellectual property. The Administration's four-part strategic approach includes engagement with our trading partners; effective use of all our legal authorities, including our trade tools; expanded law enforcement action and cooperation; and engagement and partnership with the private sector and other stakeholders. The goal is to ensure a level playing field for American innovators and creators, where their innovations and creations are respected and protected, and for systems to be in place that allow American businesses to operate in a free, fair and open marketplace. As the United States government works to advance American economic interests overseas, a significant component of our enforcement and protection efforts includes addressing trade enforcement, market access, competition, digital trade, cybersecurity, and rule of law concerns in the intellectual property space around the world. American innovators and creators must be able to operate in foreign markets that provide them with clear paths to secure and use their IP. Countries and foreign companies should not be allowed to profit from the theft or misappropriation of American intellectual property through actions including trade secret theft, IP infringement, piracy, forced technology transfers or localization requirements. Additionally, American brand holders must have full and fair opportunity to market and sell their products and use their properly registered trademarks across the globe, without undue restrictions. To that end, and as set forth by the PRO IP Act (15 U.S.C. 8113), the objectives of the Joint Strategic Plan include:Reducing the supply of infringing goods, domestically and internationally; Identifying weaknesses, duplication of efforts, waste, and other unjustified impediments to effective enforcement actions; Promoting information sharing between participating agencies to the extent permissible by law; Disrupting and eliminating infringement networks in the U.S. and in other countries; Strengthening the capacity of other countries to protect and enforce intellectual property rights; Reducing the number of countries that fail to enforce intellectual property rights effectively; Assisting other countries to more effectively enforce intellectual property rights; Protecting intellectual property rights in other countries by: [cir] Working with other countries to reduce intellectual property crimes in other countries; [cir] Improving information sharing between U.S. and foreign law enforcement agencies; and [cir] Establishing procedures for consulting with interested groups within other countries; Establishing effective and efficient training programs and other forms of technical assistance to enhance the enforcement efforts of foreign governments through: [cir] Minimizing the duplication of U.S. Government training and assistance efforts; [cir] Prioritizing deployment of U.S. Government resources to those countries where programs can be carried out most effectively with the greatest impact on reducing the number of infringing products imported into the United States, while also protecting the intellectual property rights of U.S. rights holders and the interests of U.S. persons otherwise harmed by infringements in other countries. IPEC welcomes input and recommendations from the public for improving the U.S. Government's intellectual property enforcement efforts. In submitting comments for the development of the fourth Joint Strategic Plan, comments should be organized along the lines of the Administration's four-part strategic approach to promote and protect intellectual property (as discussed above and in IPEC's Annual Intellectual Property Report to Congress): Engagement with our trading partners Effective use of all our legal authorities, including our trade tools Expanded law enforcement action and cooperation Engagement and partnership with the private sector and other stakeholders. Vishal J. Amin, United States Intellectual Property Enforcement Coordinator, Executive Office of the President. [FR Doc. 2018-19863 Filed 9-12-18; 8:45 am] BILLING CODE 3110-01-P
![46522 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices
labor market area conditions, unemployment rate of 6.0 percent in under OMB 1205–0207, expiration date
discounting temporary or seasonal order to be classified an LSA. Therefore, July 31, 2020.
factors. areas included on the FY 2019 LSA list Signed at Washington, DC.
had an unemployment rate for the Rosemary Lahasky,
Eligible Labor Surplus Areas
reference period of 6.0 percent or
A Labor Surplus Area (LSA) is a civil Deputy Assistant Secretary for Employment
higher. To ensure that all areas and Training.
jurisdiction that has a civilian average classified as labor surplus meet the
annual unemployment rate during the [FR Doc. 2018–19905 Filed 9–12–18; 8:45 am]
requirements, when a city is part of a
previous two calendar years of 20 county and meets the unemployment BILLING CODE 4510–FN–P
percent or more above the average qualifier as an LSA, that city is
annual civilian unemployment rate for identified in the LSA list; the balance of
all states during the same 24-month county, not the entire county, will be OFFICE OF MANAGEMENT AND
reference period. ETA uses only official identified as an LSA if the balance of BUDGET
unemployment estimates provided by county also meets the LSA
the Bureau of Labor Statistics in making Request of the U.S. Intellectual
unemployment criteria. The FY 2019
these classifications. The average Property Enforcement Coordinator for
LSA list and statistical data on the
unemployment rate for all states Public Comments: Development of the
current and prior year’s LSAs are
includes data for the Commonwealth of Joint Strategic Plan on Intellectual
available at ETA’s LSA website at http://
Puerto Rico. LSA classification criteria Property Enforcement
www.doleta.gov/programs/lsa.cfm.
stipulate a civil jurisdiction must have AGENCY: Office of the U.S. Intellectual
a ‘‘floor unemployment rate’’ of 6.0 Petition for Exceptional Circumstance
Property Enforcement Coordinator,
percent or higher to be classified an Consideration
Executive Office of the President, Office
LSA. Any civil jurisdiction that has a The classification procedures also of Management and Budget.
‘‘ceiling unemployment rate’’ of 10.0 provide criteria for the designation of ACTION: Request for written submissions
percent or higher is classified an LSA. LSAs under exceptional circumstances from the public.
Civil jurisdictions are defined as criteria. These procedures permit the
follows: regular classification criteria to be SUMMARY: The Federal Government is
1. A city of at least 25,000 population waived when an area experiences a starting the process to develop a new 3-
on the basis of the most recently significant increase in unemployment year Joint Strategic Plan on Intellectual
available estimates from the Bureau of that is not temporary or seasonal and Property Enforcement. By committing to
the Census; or that was not reflected in the data for the common goals, the U.S. Government
2. A town or township in the States two-year reference period. Under the will more effectively and efficiently
of Michigan, New Jersey, New York, or program’s exceptional circumstance promote and protect our intellectual
Pennsylvania of 25,000 or more procedures, LSA classifications can be property. In this request for comments,
population and which possess powers made for civil jurisdictions, the Executive Office of the President
and functions similar to those of cities; Metropolitan Statistical Areas, or (‘‘EOP’’), Office of the U.S. Intellectual
or Combined Statistical Areas, as defined Property Enforcement Coordinator
3. All counties, except for those by the U.S. Office of Management and invites public input and participation in
counties which contain any type of civil Budget. In order for an area to be shaping the Administration’s
jurisdictions defined in ‘‘1’’ or ‘‘2’’ classified as an LSA under the intellectual property enforcement
above; or exceptional circumstance criteria, the strategy.
4. A ‘‘balance of county’’ consisting of The Office of the U.S. Intellectual
state workforce agency must submit a
a county less any component cities and Property Enforcement Coordinator
petition requesting such classification to
townships identified in ‘‘1’’ or ‘‘2’’ (‘‘IPEC’’) is charged with developing,
the Department of Labor’s ETA. The
above; or with certain Federal departments and
5. A county equivalent, which is a current criteria for an exceptional
circumstance classification are: agencies, the Administration’s Joint
town in the States of Connecticut, Strategic Plan on Intellectual Property
Massachusetts, and Rhode Island, or a (1) An area’s unemployment rate is at
least 6.0 percent for each of the three Enforcement for submission to Congress
municipio in the Commonwealth of every three years. The previous 3-year
Puerto Rico. most recent months;
(2) a projected unemployment rate of Joint Strategic Plans were issued in
Procedures for Classifying Labor at least 6.0 percent for each of the next 2010, 2013, and 2016. To assist IPEC
Surplus Areas 12 months because of an event; and and Federal agencies in our preparation
(3) documentation that the of the fourth 3-year plan, IPEC requests
The Department of Labor (DOL) issues
exceptional circumstance event has input and recommendations from the
the LSA list on a fiscal year basis. The
occurred. The state workforce agency public for improving the U.S.
list becomes effective each October 1
may file petitions on behalf of civil Government’s intellectual property
and remains in effect through the
jurisdictions, Metropolitan Statistical enforcement efforts, along the lines of
following September 30. The reference
Areas, or Micropolitan Statistical Areas. this Administration’s four-part strategic
period used in preparing the current list
approach, described in greater detail
is January 2016 through December 2017. State Workforce Agencies may submit
below.
The national average unemployment petitions in electronic format to
rate (including Puerto Rico) during this wright.samuel.e@dol.gov, or in hard DATES: Submissions must be received on
daltland on DSKBBV9HB2PROD with NOTICES
period is rounded to 4.66 percent. copy to the U.S. Department of Labor, or before November 13, 2018, at 5 p.m.
Twenty percent higher than the national Employment and Training ADDRESSES: All submissions should be
unemployment rate during this period is Administration, Office of Workforce electronically submitted to http://
rounded to 5.59 percent. Since 5.59 Investment, 200 Constitution Avenue www.regulations.gov. If you are unable
percent is below the ‘‘floor NW, Room C–4514, Washington, DC to provide submissions to
unemployment rate’’ of 6.0 percent, a 20210, Attention Samuel Wright. Data regulations.gov, you may contact the
civil jurisdiction must have a two-year collection for the petition is approved Office of the U.S. Intellectual Property
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![Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Notices 46523
Enforcement Coordinator at innovators and creators, where their • Establishing effective and efficient
intellectualproperty@omb.eop.gov using innovations and creations are respected training programs and other forms of
the subject line ‘‘Development of the and protected, and for systems to be in technical assistance to enhance the
Joint Strategic Plan on Intellectual place that allow American businesses to enforcement efforts of foreign
Property Enforcement’’ to arrange for an operate in a free, fair and open governments through:
alternate method of transmission. The marketplace. Æ Minimizing the duplication of U.S.
regulations.gov website is a Federal E- As the United States government Government training and assistance
Government website that allows the works to advance American economic efforts;
public to find, review and submit interests overseas, a significant Æ Prioritizing deployment of U.S.
comments on documents that have component of our enforcement and Government resources to those
published in the Federal Register and protection efforts includes addressing countries where programs can be carried
that are open for comment. Submissions trade enforcement, market access, out most effectively with the greatest
filed via the regulations.gov website will competition, digital trade, cybersecurity, impact on reducing the number of
be available to the public for review and and rule of law concerns in the infringing products imported into the
inspection. For this reason, please do intellectual property space around the United States, while also protecting the
not include in your comments world. American innovators and intellectual property rights of U.S. rights
information of a confidential nature, creators must be able to operate in holders and the interests of U.S. persons
such as sensitive personal information foreign markets that provide them with otherwise harmed by infringements in
or proprietary business information. clear paths to secure and use their IP. other countries.
FOR FURTHER INFORMATION CONTACT: John Countries and foreign companies should IPEC welcomes input and
Levock, 202–395–3826, Office of the not be allowed to profit from the theft recommendations from the public for
U.S. Intellectual Property Enforcement or misappropriation of American improving the U.S. Government’s
Coordinator, at intellectualproperty@ intellectual property through actions intellectual property enforcement
omb.eop.gov. including trade secret theft, IP efforts.
SUPPLEMENTARY INFORMATION: Since infringement, piracy, forced technology In submitting comments for the
January 2017, President Trump and his transfers or localization requirements. development of the fourth Joint
Administration have worked to promote Additionally, American brand holders Strategic Plan, comments should be
strong intellectual property rights must have full and fair opportunity to organized along the lines of the
protection and enforcement, both market and sell their products and use Administration’s four-part strategic
domestically and abroad. As part of an their properly registered trademarks approach to promote and protect
integrated approach, the Trump across the globe, without undue intellectual property (as discussed
Administration views our intellectual restrictions. above and in IPEC’s Annual Intellectual
property strategy, policy and To that end, and as set forth by the Property Report to Congress):
enforcement efforts, together, as key to PRO IP Act (15 U.S.C. 8113), the • Engagement with our trading partners
helping secure the future of our objectives of the Joint Strategic Plan • Effective use of all our legal
innovative economy and to maintaining include: authorities, including our trade tools
our competitive advantage. As the • Reducing the supply of infringing • Expanded law enforcement action and
Administration continues to build on goods, domestically and internationally; cooperation
past strategic efforts in all areas of • Identifying weaknesses, duplication • Engagement and partnership with the
intellectual property policy (including of efforts, waste, and other unjustified private sector and other stakeholders.
patents, copyrights, trademarks and impediments to effective enforcement
actions; Vishal J. Amin,
trade secrets), both domestically and
abroad, the Administration also • Promoting information sharing United States Intellectual Property
between participating agencies to the Enforcement Coordinator, Executive Office of
recognizes that for the United States to the President.
maintain its future economic extent permissible by law;
competitiveness, we need to think • Disrupting and eliminating [FR Doc. 2018–19863 Filed 9–12–18; 8:45 am]
strategically and shift the paradigm to infringement networks in the U.S. and BILLING CODE 3110–01–P
one where we not only place America in other countries;
First, but regard America’s inventive • Strengthening the capacity of other
and creative capacity as something that countries to protect and enforce
intellectual property rights; NATIONAL SCIENCE FOUNDATION
we must protect, promote and prioritize.
As explained in the Annual • Reducing the number of countries Proposal Review Panel for
Intellectual Property Report to Congress that fail to enforce intellectual property International Science and Engineering;
(https://www.whitehouse.gov/wp- rights effectively; Notice of Meeting
content/uploads/2017/11/2018Annual_ • Assisting other countries to more
IPEC_Report_to_Congress.pdf), the effectively enforce intellectual property In accordance with the Federal
Trump Administration has taken rights; Advisory Committee Act (Pub. L. 92–
significant actions to promote and • Protecting intellectual property 463, as amended), the National Science
protect intellectual property. The rights in other countries by: Foundation (NSF) announces the
Administration’s four-part strategic Æ Working with other countries to following meeting:
approach includes engagement with our reduce intellectual property crimes in Name and Committee Code: Proposal
daltland on DSKBBV9HB2PROD with NOTICES
trading partners; effective use of all our other countries; Review Panel for Office of International
legal authorities, including our trade Æ Improving information sharing Science and Engineering—PIRE:
tools; expanded law enforcement action between U.S. and foreign law Crafting Optimal Learning in Science
and cooperation; and engagement and enforcement agencies; and Environments—Reverse Site Visit
partnership with the private sector and Æ Establishing procedures for (#10749).
other stakeholders. The goal is to ensure consulting with interested groups Date and Time: October 12, 2018; 8:00
a level playing field for American within other countries; a.m.–5:30 p.m.
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Document Created: 2018-09-13 01:01:43
Document Modified: 2018-09-13 01:01:43
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Request for written submissions from the public. | |
| Dates | Submissions must be received on or before November 13, 2018, at 5 p.m. | |
| Contact | John Levock, 202-395-3826, Office of the U.S. Intellectual Property Enforcement Coordinator, at [email protected] | |
| FR Citation | 83 FR 46522 |
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