UNITED STATES
Since September 2012
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Code of Federal Regulations, Title 37- Patents, Trademarks, and Copyrights
Pursuant to Section 1.31 of Title 37 of the Code of Federal Regulations (CFR), an applicant that qualifies as a juristic entity must be represented by a registered patent attorney or agent. In effect, this provision precludes companies and other organisational entities from representing themselves in proceedings before the United States Patent and Trademark Office (USPTO), thereby requiring them to engage a qualified practitioner to act on their behalf.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250722185206/https://www.ecfr.gov/current/title-37/chapter-I/subchapter-A/part-1/subpart-B/subject-group-ECFR034b85976043da9/section-1.31
- https://web.archive.org/web/20250722185226/https://blueironip.com/ufaqs/what-is-a-juristic-entity-in-patent-applications/
- https://web.archive.org/web/20250722185558/https://pctlegal.wipo.int/eGuide/view-doc.xhtml?doc-code=US&doc-lang=en#GENERAL%20INFO
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UNITED STATES
Since April 2021, until April 2026
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Countervailing Duty
In July 2020, the United States initiated an anti-subsidy investigation on imports of silicon metal (HS Code: 280469) from Kazakhstan, which is also used for producing silicon compounds as well as silicon wafers used as electronic semiconductors. In April 2021, the United States imposed a definitive countervailing duty with a rate of 160%.
Coverage Product: Silicon Metal (HS Code: 280469)
Country: Kazakhstan
Country: Kazakhstan
UNITED STATES
Since 2006
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Exclusion of company from public procurement
The US Department of State has decided not to use Lenovo Group Ltd. computers on a classified network, under fears that hardware-level backdoors could exist in these products. Lenovo hardware is also reportedly banned by the US Central Intelligence Agency (CIA), although no evidence of any wrongdoing on Lenovo's part has been presented.
Coverage Lenovo
Sources
- https://web.archive.org/web/20231201095754/https://www.computerworld.com/article/2545522/u-s--state-department-to-limit-use-of-lenovo-pcs.html
- https://web.archive.org/web/20231110042822/https://www.bloomberg.com/features/2021-supermicro/
- https://web.archive.org/web/20231011222259/https://www.theverge.com/2013/7/30/4570780/lenovo-reportedly-banned-by-mi6-cia-over-chinese-hacking-fears
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UNITED STATES
Since June 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
No TikTok on Government Devices Act
In June 2023, the U.S. Federal Government issued the Federal Acquisition Regulation (FAR) clause, FAR 52.204-27, implementing the No TikTok on Government Devices Act. This clause prohibits the presence or use of the TikTok application on IT equipment used by government contractors and their personnel during the performance of a federal contract. The measure was introduced to protect government information in response to national security concerns. The regulation took effect immediately and applies to all new government contracts, including those that fall below the simplified acquisition threshold, as well as contracts for commercial products and commercial services.
It is reported that certain related restrictions apply since January 2020, when the United States Army and Navy banned TikTok from government devices following the Defense Department's designation of the app as a security risk. A Navy bulletin posted on a Facebook page for military personnel warned that users of government-issued mobile devices who did not remove TikTok would be blocked from accessing the Navy-Marine Corps Intranet.
It is reported that certain related restrictions apply since January 2020, when the United States Army and Navy banned TikTok from government devices following the Defense Department's designation of the app as a security risk. A Navy bulletin posted on a Facebook page for military personnel warned that users of government-issued mobile devices who did not remove TikTok would be blocked from accessing the Navy-Marine Corps Intranet.
Coverage TikTok
Sources
- https://www.congress.gov/bill/117th-congress/house-bill/2617
- https://www.congress.gov/bill/117th-congress/senate-bill/1143/text
- https://web.archive.org/web/20241107162427/https://www.nytimes.com/2020/01/04/us/tiktok-pentagon-military-ban.html
- https://www.whitehouse.gov/wp-content/uploads/2023/02/M-23-13-No-TikTok-on-Government-Devices-Implementation-Guidance_final.pdf
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UNITED STATES
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.56%
Coverage rate of zero-tariffs on ICT goods (%)
74.96%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
UNITED STATES
Since March 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
The U.S. is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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UNITED STATES
Since October 2008, last extended in June 2020, until 2025
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In October 2008, the United States authorities imposed a definitive anti-dumping duty on the import of electrolytic manganese dioxide (HS Code: 282010), which is the critical component of the cathode material in modern alkaline, lithium and sodium batteries, including electrochemical capacitors and hydrogen production. The duty applies to imports from Chinese firms, most notably Guizhou Redstar Developing Import and Export Company, Ltd. This measure was extended in January 2015 and subsequently in July 2020. The rate of duty on imports from China is 149.9%.
Coverage Product: Electrolytic manganese dioxide (HS Code: 282010)
Country: China
Country: China
Sources
- https://web.archive.org/web/20241206151839/https://www.globaltradealert.org/intervention/106002/anti-dumping/united-states-of-america-termination-of-definitive-anti-dumping-on-imports-of-electrolytic-...
- https://web.archive.org/web/20231006213015/https://www.usitc.gov/publications/701_731/pub4506.pdf
- https://web.archive.org/web/20210516130643/https://www.federalregister.gov/documents/2020/07/08/2020-14681/electrolytic-manganese-dioxide-from-the-peoples-republic-of-china-continuation-of-antidumping...
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UNITED STATES
Since June 1991, last extended in November 2023, until 2028
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In June 1991, the United States authorities imposed a definitive anti-dumping duty on imports of silicon metal (HS Code: 280469) from China, which is used also for producing silicon compounds as well as silicon wafers used as electronic semiconductors. This measure was last extended in June 2018. The rate of duty on imports from China is 139.5%.
Coverage Product: Silicon Metal (HS Code: 280469)
Country: China
Country: China
Sources
- https://web.archive.org/web/20241122160813/https://archives.federalregister.gov/issue_slice/1991/6/10/26648-26650.pdf#page=2
- https://web.archive.org/web/20210324225504/https://www.federalregister.gov/documents/2018/06/04/2018-11904/silicon-metal-from-the-peoples-republic-of-china-continuation-of-antidumping-duty-order
- https://web.archive.org/web/20250723025159/https://www.federalregister.gov/documents/2023/11/29/2023-26237/silicon-metal-from-the-peoples-republic-of-china-continuation-of-antidumping-duty-order
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UNITED STATES
Since March 2003, last extended in June 2020, until June 2025
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In March 2003, the United States authorities imposed a definitive anti-dumping duty on imports of silicon metal (HS Code: 280469) from Russia, which is also used for producing silicon compounds as well as silicon wafers used as electronic semiconductors. This measure was last extended in June 2020. The rate of duty on imports from Russia is 79.4% for all companies, with the exception of Russian ZAO Kremny/Sual-Kremny-Ural Ltd, which gets a 56.1% duty.
Coverage Product: Silicon Metal (HS Code: 280469)
Country: Russia
Country: Russia
Sources
- https://web.archive.org/web/20220707125045/https://www.federalregister.gov/documents/2020/06/24/2020-13641/silicon-metal-from-russia-continuation-of-antidumping-duty-order
- https://web.archive.org/web/20210523054828/https://www.federalregister.gov/documents/2003/03/26/03-7261/antidumping-duty-order-silicon-metal-from-russia
UNITED KINGDOM
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
De minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is GBP135 (approx. 200 USD), following the 200 USD threshold recommended by the International Chamber of Commerce (ICC). The UK has not changed its de minimis threshold since departing the EU and has not stated plans to deviate from the £135 threshold.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241201170710/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
UNITED KINGDOM
Since October 2015
Since July 2016
Since July 2016
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Act 2015
UK eIDAS Regulations 2016
UK eIDAS Regulations 2016
The UK has robust consumer protection laws, as laid out in the Consumer Rights Act 2015. The rights enumerated in the 2015 legislation, which include standards for considering goods faulty, unfair contract terms, right to repair, and right to return, apply to both in-person and online transactions. The UK also applies the UK eIDAS Regulations, which "set out rules for UK trust services and establishes a legal framework for the provision and effect of electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic registered delivery services and certificate services for website authentication."
Coverage Horizontal
UNITED KINGDOM
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
The UK has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
UNITED KINGDOM
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
The UK has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
UNITED KINGDOM
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
The UK has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
