Trade Policy For IP Protection

The United States Government offers a variety of resources to help protect valuable IP rights at our borders and beyond. There range from formal investigations under Section 301 of the Trade Act of 1974, to WTO dispute resolution proceedings, to less formal diplomatic channels. At times, the shortest route to the resolution of IP disputes around the globe is through political measures carefully applied in Washington, D.C. Our attorneys can provide counseling regarding the potential benefits and drawbacks of these measures, and help access the necessary tools to achieve business objectives.

Intellectual Property Protection

Heller Ehrman can design programs to help companies elevate their particular IPR protection concerns in bilateral government-to-government discussions by:

• Mobilizing direct Congressional pressure on foreign government representatives.
• Arranging for U.S. diplomatic discussions with foreign government representatives.
• Raising particular issues in the context of U.S. government delegation visits overseas (e.g., USPTO or U.S. Department of Commerce delegations).
• Working with U.S. officials in the context of negotiations at the World Intellectual Property Organization or the TRIPs Council of the World Trade Organization ("WTO").
• Working with United States Trade Representative ("USTR") officials to raise priority concerns in the context of U.S. trade agreement negotiations.
• Working with USTR officials to launch WTO dispute settlement proceedings.
• Working with USTR officials to launch Section 301 trade investigations, place specific countries on Special 301 lists and/or suspend benefits to countries that fail to protect IP rights.
• Working with the ITC to launch Section 332 investigations on issues of concern.

Representative Engagements: Trade Policy Resources

• Advised a U.S. high-tech trade association on strategies for counteracting IPR infringement in China through local judicial remedies, use of Chinese border measures and use of trade policy tools.
• Advised a foreign government on the availability, application and efficacy of U.S. trade policy measures to a range of IPR issues.
• Advised a large U.S. high technology company in development of a policy program, including legislative, agency, and White House resources, aimed at putting pressure on a foreign government to resolve an IP dispute.