The recently leaked Trans-Pacific Partnership provisions do "disappointingly little to protect users' rights," wrote Public Knowledge Director-Global Knowledge Rashmi Rangnath in a blog post. Rangnath criticized the leaked provisions, which provide a glimpse into the ways the U.S. Trade Representative has attempted to negotiate the free trade agreement with eight other countries. Specifically, Rangnath took issue with the provisions' "three-step test," which would determine which unlicensed uses of copyrighted material would be legal. According to the post, "one of the standard iterations of the test" designates exceptions to copyrights as "[1] certain special cases that [2] do not conflict with a normal exploitation of the work, performance, or phonogram and [3] do not unreasonably prejudice the legitimate interests of the rights holder." This test on its own leaves too much room for interpretation, Rangnath said: "The controversy over how to interpret the three-step test means that many countries may hesitate to protect users' rights in their copyright laws, out of a fear that the provisions they adopt will be assailed as violating their international obligations. ... Given this environment, provisions in international agreements like the TPP need to spell out in more detail what copyright limitations and exceptions should look like." While Rangnath commended the provisions for "enumerating purposes such as criticism, commentary, news reporting, research, and scholarship," she encouraged USTR to include provisions that would "promote uses of works by people with disabilities," such as translating reading material into Braille, and "promote educational uses of works including by transmission over wired or wireless networks." Concepts like these, Rangnath said, can be found in the Trans-Pacific Strategic Economic Partnership Agreement of 2005, which, she said, "is technically the predecessor to the TPP. ... However, it is unclear whether those provisions will still be valid and applicable if the TPP comes to force." A USTR spokeswoman declined to comment on the leaked provisions. Regarding the release of the official draft, the spokeswoman told us the "full draft of the negotiated TPP text will be made public at the completion of negotiations, so that Congress and the public can have ample time to review and discuss before Congress acts on any legislation to implement the TPP agreement."

The Office of the U.S. Trade Representative is changing the hearing date and related deadlines for the Country Practice Petitions Accepted as Part of the 2011 Annual Generalized System of Preferences Review, it said in a Federal Register notice scheduled for Aug. 16. The new dates are:

The Office of the U.S. Trade Representative said India has requested the establishment of a World Trade Organization dispute settlement panel about countervailing measures for certain hot-rolled carbon steel flat products from India, it said in an Aug. 16 Federal Register notice. USTR invites written comments from the public concerning the issues raised in the dispute by Sept. 28 to www.regulations.gov, docket number USTR-2012-0008. India's request is at www.wto.org in a document designated WT/DS436/3. Further information: Shane Warren, 202-395-3150.

The Office of the U.S. Trade Representative is seeking input for its annual National Trade Estimate Report on Foreign Trade Barriers (NTE). It wants help identifying significant barriers to U.S. exports of goods, services, and U.S. foreign direct investment for inclusion in the NTE, it said in a Federal Register notice scheduled for Aug. 15. In 2013, USTR will once again release in conjunction with the NTE report two reports dealing with additional trade barriers -- one on SPS measures and one on standards-related measures. USTR will invite written comments from the public on issues that should be examined in preparing those two reports through a separate notice in the Federal Register that will be forthcoming, it said. Comments are due by Oct. 15, via www.regulations.gov, docket number USTR-2012-0021. Further information: Donald Eiss, 202-395-3475.

The Office of the U.S. Trade Representative on its "Out of Cycle Review" of the notorious market list, it said in a Federal Register notice. The review results in the publication of examples of Internet and physical markets that have been the subject of enforcement action or that may merit further investigation for possible intellectual property infringements, it said. The Notorious Markets List does not represent a finding of violation of law, but is a summary of information that highlights the problem of marketplaces that deal in infringing goods and which help sustain global piracy and counterfeiting, USTR said. It said potentially helpful information could include: location; principal owners/operators; types of products sold or made available; information on the volume of Internet traffic associated with a website (such as a recent Alexa ranking); any known civil or criminal enforcement activity against the market; and other efforts to remove/limit infringing materials (e.g., a website's responsiveness to requests to remove or disable access to allegedly infringing material. Comments and potential examples of Internet and physical "notorious markets" are due Sept. 14 via http://www.regulations.gov, docket number USTR-2012-0011. Further information: Paula Karol Pinha, 202-395-5419, or at http://www.ustr.gov.

The Office of the U.S. Trade Representative is seeking petitions and comments to use in preparing the 2012 Annual Review of the Andean Trade Preference Act (ATPA), it said in a Federal Register notice. Petitions may be filed calling for the limitation, withdrawal or suspension of ATPA or ATPDEA benefits by presenting evidence that the eligibility criteria of the program are not being met, it said. The deadline for submissions is Sept. 17, to www.regulations.gov, docket number USTR-2012-0019.

The Office of the U.S. Trade Representative is accepting comments on the U.S. request for World Trade Organization consultations with the government of China about China's antidumping and countervailing duty measures on U.S. automobiles (See ITT's Online Archives [Ref.12070521]). The request is at www.wto.org, designated as WT/DS440/1. It said comments should be submitted by Aug. 31, 2012 to www.regulations.gov, docket USTR-2012-0016. Further information: Dan Stirk, 202-395-3150.

The Office of the U.S. Trade Representative said it invites written comments from the public on the World Trade Organization dispute settlement proceeding regarding China's exports of rare earths, Tungsten and Molybdenum. Comments are due by Aug. 27 to www.regulations.gov, docket number USTR-2012-0005, or contact Sandy McKinzy at 202-395-9483. Further information: Jared Wessel, 202-395-3150.

The Office of the U.S. Trade Representative said it's prepared to receive petitions to modify the list of products that are eligible for duty-free treatment under the GSP program and to modify the GSP status of certain GSP beneficiary developing countries because of country practices. USTR said it's also prepared to receive petitions requesting waivers of competitive need limitations (CNLs). GSP petitions must be received by the GSP Subcommittee of the Trade Policy Staff Committee by 5 p.m. Oct. 5, and CNL petitions by 5 p.m. Nov. 21, it said. GSP petitions may be to: designate additional articles as eligible for GSP benefits, including to designate articles as eligible for GSP benefits only if imported from countries designated as least-developed beneficiary developing countries, or only from countries designated as beneficiary sub-Saharan African countries under the African Growth and Opportunity Act (AGOA) withdraw, suspend or limit the application of duty-free treatment accorded under the GSP with respect to any article; waive the CNL for individual beneficiary developing countries with respect to specific GSP-eligible articles (these limits do not apply to least-developed beneficiary developing countries or AGOA beneficiary sub-Saharan African countries); or otherwise modify GSP coverage. Further information: Tameka Cooper, 202-395-6971 or Tameka_Cooper@ustr.eop.gov.

The U.S. Trade Representative should "vigorously defend" the Department of Commerce findings in its countervailing duties proceeding involving citrus and coated paper from China, said a joint filing by Appleton Coated, NewPage, S.D. Warren d/b/a Sappi Fine Paper North America, and the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union. The USTR was seeking comments on the World Trade Organization dispute settlement proceeding (see ITT's Online Archives 12062122.)