e-TRIPS Gateway (Beta)

The following communication, dated 15 September 2021 is being circulated at the request of the delegation of the United States of America.

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1. This document reports on the technical assistance programmes provided by the U.S. Government concerning the protection, utilization and enforcement of intellectual property (IP), including patents, trademarks and enforcement for developing and least developed countries (LDCs). It covers activities undertaken from September 2020-September 2021.
2. Although traditional, face-to-face training programmes were very limited during the reporting period, the U.S. Government continued to meet training obligations during this unprecedented time through increasing its leverage of various technologies to provide live online IP training. Through these well‑attended and well-received distance learning initiatives, U.S. government agencies provided tailored content to developed and developing countries and LDCs.
3. Through the U.S. 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 U.S. 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. U.S. government technical assistance focuses on helping countries achieve sustainable development and growth, in simplifying and streamlining procedures for obtaining IP rights, administering treaties and systems for accomplishing this objective, 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).
4. S. 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.
5. The U.S. government technical assistance covers a range of IP topics, including:
   • Protection and management of intellectual property;
   • Administration of IP offices and human resource development related to IP office administration;
   • Building effective IP border enforcement mechanisms;
   • Effective adjudication of IP cases, including transparency in decision-making;
   • Country-specific methodologies for investigating and prosecuting IPRs criminal cases;
   • Conducting searches and law enforcement techniques;
   • Anti-counterfeiting, including in the area of counterfeit pharmaceutical and medical products;
   • Advanced computer forensics to track down, arrest and prosecute IP criminals; and
   • Public education and consumer awareness of the importance of IP protection, innovation, creativity, and enforcement.
6. The U.S. government agencies and agency subdivisions that provide IP technical assistance include the Office of the U.S. Trade Representative (USTR); the U.S. Agency for International Development (USAID); the U.S. Copyright Office of the Library of Congress (USCO); the U.S. Department of Agriculture (USDA); the U.S. Department of Commerce (DOC), including the Commercial Law Development Program (CLDP), International Trade Administration (ITA), and the U.S. Patent and Trademark Office (USPTO); the U.S. Department of Homeland Security (DHS), including through the Bureau of Customs and Border Protection (CBP) and the U.S. Immigration and Customs Enforcement (ICE); the U.S. Department of Justice (DOJ), including through the Computer Crime and Intellectual Property Section (CCIPS), Federal Bureau of Investigation (FBI), and the Office of Overseas Prosecutorial Development Assistance and Training (OPDAT); the U.S. Department of State (DOS), and the U.S. Trade and Development Agency (USTDA).
7. Technical cooperation pursuant to TRIPS Article 67 includes assistance, on request, in the preparation of laws and regulations on the preparation and enforcement of IP, as well as on the prevention of abuse.
8. Further information on past and upcoming programmes, is available through agencies of the U.S. Government that provide training and technical assistance relating to protecting and enforcing IP.
9. The Global Intellectual Property Academy (GIPA), a programme of the USPTO's Office of Policy and International Affairs, offers capacity building programmes 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 programmes include officials of national IP offices, judicial officials, police/investigators, prosecutors, customs officials, officials from health ministries, officials from technology transfer agencies, and officials from consumer protection agencies, representatives of academic institutions, students, and representatives of small and medium-sized enterprises (SMEs). GIPA provides both multilateral programmes and country specific programmes. Some programmes are developed to address specific legal issues, administrative issues and specific IP areas. GIPA's established capacity for eLearning supported a successful pivot to all-remote delivery of its programmes in mid-FY 2021. This included developing the technological capability to run virtual international meetings with simultaneous interpretation. Efforts yielded significant year-on-year increase in distance learning activities. To learn more visit uspto.gov/GIPA.
10. GIPA provides in-person and virtual programmes, at USPTO and around the world and in cooperation with other U.S. government agencies and other partners, such as:
    • Patent Programmes: The patent programmes 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, technology transfer practices. In-depth programmes are offered, employing case studies or examples when possible, to strengthen understanding of concepts. The patent programme goals are to share best practices and therefore improve patent quality around the world.
    • Plant Variety Protection (PVP): PVP programmes include awareness of UPOV plant variety Protection, as well as a more detailed train the trainer programme.
    • Trademark Programmes: The trademark programmes are designed to focus on administration, budgeting, recruitment and training, and treaty protocol. These programmes provide discussions and case studies on examination procedures. Trademark programmes may also focus on geographical indications.
    • Copyright Programmes: The copyright programmes include challenging issues that are discussed with leading professionals in their field. The programme includes topics such as exclusive rights, liability and piracy.
    • Trade Secrets Programmes: The trade secret programmes provide an overview of trade secret law and policy.
    • Enforcement Programmes: The enforcement programmes are designed to focus on topics of criminal, civil, customs and border enforcement. These programmes are technical and include a comprehensive course agenda.
    • Distance learning, including live online and on demand eLearning modules on all topics of IP in multiple languages.