infoJustice

The U.S. Trade Representative has announced its intention to seek a Free Trade Agreement with Kenya, and has requested comments on its negotiating objectives. The U.S. negotiating objectives for FTAs are guided by Section 102 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4201).

One objective set by the law is to “ensur[e] that the provisions of any trade agreement governing intellectual property rights that is entered into by the United States reflect a standard of protection similar to that found in United States law.” Another is to “provid[e] strong protection for new and emerging technologies and new methods of transmitting and distributing products embodying intellectual property, including in a manner that facilitates legitimate digital trade.” The law also list as an objective “to respect the Declaration on the TRIPS Agreement and Public Health… and to ensure that trade agreements foster innovation and promote access to medicines.”

Any interested party may submit written comments and/or request to testify at an open hearing. The deadline for written comments and requests to testify is April 15. The hearing has been scheduled for April 28. There is nothing in the federal register notice regarding the possibility of delaying the hearing or holding it online given the Coronavirus pandemic.

The full federal register notice is here.