TECHNICAL COOPERATION ACTIVITIES:

INFORMATION FROM MEMBERS

United States of America

The following communication, dated 9 October 2024, is being circulated at the request of the delegation of United States of America.

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1  Introduction

1.  This document reports on the technical assistance programs provided by the US government concerning the protection, utilization, and enforcement of intellectual property (IP), including patents, trademarks, copyrights, and trade secrets, for developing and least developed countries (LDCs). It covers activities undertaken from September 2023 to September 2024. The US government continued to meet training obligations through increasing its leverage of various technologies to provide live online IP training as well as increasing in-person training. Through these well-attended and well-received distance learning initiatives, US government agencies provided tailored content to developed and developing countries and LDCs.

2.  Through the US government's extensive training of foreign officials from developed, developing, and LDC countries, the advancement of the protection and enforcement of IP is steadily achieved. The US government, in collaboration with many national and regional government agencies and IP organizations, such as the World Intellectual Property Organization (WIPO) and INTERPOL, work to assist all nations to draft and implement their IP legislation and policy to promote economic, social, and cultural development. US government technical assistance focuses on helping countries achieve sustainable development and growth, simplifying and streamlining procedures for obtaining IP rights, administering treaties and systems for accomplishing these objectives, and providing training and technical assistance to improve the functioning and utilization of IP systems in accordance with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

3.  US government technical assistance is driven by demand and individual priority needs of beneficiary countries. The diversity of needs and interests identified by beneficiary countries results in tailored technical assistance activities on specific areas of interest. The US government technical assistance covers a range of IP topics, including:

a._    Protection and management of intellectual property;

b._    Administration of IP offices and human resource development related to IP office administration;

c._    Building effective IP border enforcement mechanisms;

d._    Effective adjudication of IP cases, including transparency in decision-making;

e._    Country-specific methodologies for investigating and prosecuting IP criminal cases;

f._     Conducting searches and law enforcement techniques;

g._    Anti-counterfeiting, including in the area of counterfeit pharmaceutical and medical products;

h._    Advanced computer forensics to track down, arrest, and prosecute IP criminals; and

i._     Public education and consumer awareness of the importance of IP protection, innovation, creativity, and enforcement.

4.  The US government agencies and agency subdivisions that provide IP technical assistance include the Office of the US Trade Representative (USTR); the US Agency for International Development (USAID); the US Copyright Office of the Library of Congress (USCO); the US Department of Agriculture (USDA); the US Department of Commerce (DOC), including through the Commercial Law Development Program (CLDP), International Trade Administration (ITA), and the US Patent and Trademark Office (USPTO); the US Department of Homeland Security (DHS), including through the Bureau of Customs and Border Protection (CBP) and the US Immigration and Customs Enforcement (ICE); the US Department of Justice (DOJ), including through the Computer Crime and Intellectual Property Section (CCIPS), the Food and Drug Administration, including the Office of Criminal Investigations, Federal Bureau of Investigation (FBI), and the Office of Overseas Prosecutorial Development Assistance and Training (OPDAT); the US Department of State (DOS); and the US Trade and Development Agency (USTDA).

5.  Technical cooperation pursuant to TRIPS Article 67 includes assistance, on request, in the preparation of laws and regulations on the protection and enforcement of IP, as well as on the prevention of abuse. Further information on past and upcoming programs is available through agencies of the US government that provide training and technical assistance relating to protecting and enforcing IP.

6.  The Global Intellectual Property Academy (GIPA), a program of the USPTO's Office of Policy and International Affairs, offers capacity building programs in the United States and around the world on IP protection, enforcement, and capitalization. GIPA is an essential component of the US government's effort to improve IP protection and enforcement practices around the world. Participants in GIPA programs include officials of national IP offices, judicial officials, police/investigators, prosecutors, customs officials, officials from health ministries, officials from technology transfer agencies, officials from consumer protection agencies, representatives of academic institutions, students, and representatives of small and medium-sized enterprises (SMEs). GIPA provides both multilateral programs and country specific programs. To learn more visit www.uspto.gov/GIPA. Some programs are developed to address specific legal issues, administrative issues and specific IP areas.  GIPA provides in-person and virtual programs at USPTO and around the world and in cooperation with other US government agencies and other partners, such as:

a._    Patent Programs: The patent programs are designed to focus on topics that include office administration and budgeting, basic examination practice, examination issues in specific technology areas such as biotechnology and pharmaceuticals, industrial design examination, and technology transfer practices. In-depth programs are offered, employing case studies or examples when possible, to strengthen understanding of concepts. The patent program goals are to share best practices and therefore improve patent quality around the world.

b._    Plant Variety Protection (PVP): PVP programs include awareness of UPOV plant variety protection, as well as a more detailed 'train the trainer' program. 

c._    Trademark Programs: The trademark programs are designed to focus on administration, budgeting, recruitment and training, and treaty protocol. These programs provide discussions and case studies on examination procedures. Trademark programs may also focus on geographical indications. 

d._    Copyright Programs: The copyright programs include challenging issues that are discussed with leading professionals in their field. The program includes topics such as exclusive rights, liability, and piracy. 

e._    Trade Secrets Programs: The trade secret programs provide an overview of trade secret law and policy.

f._     Enforcement Programs: The enforcement programs are designed to focus on topics of criminal, civil, customs, and border enforcement. These programs are technical and include a comprehensive course agenda.

g._    Distance learning, including live online and on demand eLearning modules on all topics of IP in multiple languages.