Organization wipo as an important tool to promote the

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Organization (WIPO) as an important tool to promote the effective protection of IPRs and ensure that measures and procedures to enforce such rights do not themselves become barriers to trade. 4. Under U.S. law, parallel imports of goods containing protected intellectual property may be restricted by the holder of the right. In certain instances, parallel imports of goods bearing trade marks or trade names may be stopped at the border by Customs. An exception to parallel import protection exists in the case of trade marks for same or similar goods, manufactured abroad, where the U.S. holder of the right owns the mark abroad or the U.S. and foreign right holder are under common ownership or control. Table III.12 Royalties and licence fees, 1995-02 (US$ million) 1995 1996 1997 1998 1999 2000 2001 2002 a Receipts Total 30,289 32,470 33,228 35,626 36,902 39,607 38,668 42,959 Affiliated 22,859 24,556 24,465 26,313 26,507 26,816 25,874 29,397 241 WTO document IP/N/1/USA/1, 21 January 1997. 242 WTO document IP/N/1/USA/U/2, 6 October 1998.
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United States WT/TPR/S/126 Page 90 Unaffiliated 7,430 7,915 8,763 9,314 10,395 12,791 12,795 13,562 Payments Total 6,920 7,837 9,161 11,235 12,609 16,115 16,359 19,899 Affiliated 5,257 5,406 6,749 8,547 9,876 12,180 13,008 15,404 Unaffiliated 1,663 2,431 2,412 2,688 2,733 3,935 3,351 4,495 Net payments 23,369 24,634 24,067 24,392 24,293 23,492 22,310 23,060 a Preliminary (May 2003). Source : U.S. Department of Commerce, Bureau of Economic Analysis, International Accounts Data. U.S. International Services; Cross-Border Trade & Sales Through Affiliates, 1986-2001 (Table4-16.02: Royalties and license fees, 1986-2001). 5. The United States has signed a relatively large number of bilateral intellectual property agreements. In general terms, these agreements are based, as a minimum, on the WTO TRIPS Agreement and may not provide transition periods. On 2 August 2003, the United States deposited with WIPO its instrument of accession for the Madrid Protocol, which had effect in the United States from 2 November 2003. Further, IPR protection issues were included in the FTAs signed with Chile and Singapore, in Chapter 17 and Chapter 16, respectively. 243 6. In the context of negotiations under the TRIPS Agreement to complete the work started in the Council for TRIPS on the implementation of Article 23.4, the United States, together with other countries submitted a proposal for a multilateral system for notification and registration of geographical indications for wines and spirits. 244 (b) Patents 1. In FY 2002, 353,394 patent applications were filed, and 177,317 patents were granted; the average pendency period for patent applications with the USPTO was 24 months (Table III.13). The number of patent applications received by the USPTO in FY 2002 was 2.5% higher than in the previous FY and some 55% higher than in FY 1995. More patent applications were submitted in FY 2002 than in any previous year despite the downturn in the economy; however, the number of patents granted was lower than in the previous FY, but some 55% higher than in FY 1995. 2. The share of patents issued by the USPTO to non-residents has been increasing in recent years. In FY 2001, U.S.-resident inventors accounted for 53.6% of all patents that were issued, down from the 55.1% in FY 2000. Non-residents (mostly corporations) were granted 46.4% of the patents, with Japan (19.0% of total patents issued) and Germany (6.5%) on top .
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