Administration Strategy on Mitigating the Theft of U.S. Trade Secrets

by Sabrina I. Pacifici on February 23, 2013

Administration Strategy on Mitigating the Theft of U.S. Trade Secrets, February 2013: “The Administration will utilize trade policy tools to increase international enforcement against trade secret theft to minimize unfair competition against U.S. companies. The U.S. Trade Representative (USTR) will make additional efforts to promote adequate and effective protection and enforcement of trade secrets. These Administration efforts will include:

  • Deeper cooperation with trading partners that share U.S. interests with the objective of promoting enhanced trade secret and other intellectual property protection in ways that are consistent with U.S. approaches and helpful in curbing trade in goods and services containing stolen trade secrets;

  • Targeting weaknesses in trade secret protection through enhanced use of the annual Special 301 process, including the Special 301 Report, action plans and related tools to gather and,
    where appropriate, act upon information about the adequacy and effectiveness of trade secret protection by U.S. trading partners;

  • Seeking, through USTR-led trade negotiations such as the Trans Pacific Partnership, new provisions on trade secret protections requiring parties to make available remedies similar to those provided for in U.S. law; and
  • Continuing to raise trade secret protections as a priority issue in all appropriate bilateral, regional, and multilateral trade discussions and appropriate trade and IP-related forums, including the Trade-Related Aspects of Intellectual Property Rights Council and the Asia-Pacific Economic Cooperation, informed by interagency and stakeholder input regarding partners and issues of concern.”

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