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Letter to Ron Kirk on the Anti-Counterfeiting Trade Agreement

The Hon. Ron Kirk
United States Trade Representative
600 17th Street NW
Washington, DC 20508

Dear Ambassador Kirk:

It has come to my attention that the recently released final text of the Anti-Counterfeiting Trade Agreement includes provisions that could preempt state common laws on trade secrets and other state administered intellectual property regimes.

As you know, it is Administration policy “that preemption of State law by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of the States and with a sufficient legal basis for preemption.”  We write to draw your attention to this matter to ensure that the Administration’s policies are being followed....

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