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Attorney-Adviser (Intellectual Property Rights)

Department of Commerce
Commerce, International Trade Administration
This job announcement has closed

Summary

The incumbent will serve as an Attorney-Adviser (Intellectual Property Rights) in New Delhi, India for the International Trade Administration/Global Markets (ITA/GM) and United States Patent and Trademark Office. This position reports to the Foreign Commercial Service (FCS) Senior Commercial Officer and the USPTO IP Attaché Program Director. The latter directs the incumbent, reviews the incumbent's performance and ensures consistency with agency and administration priorities.

Overview

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Hiring complete
Open & closing dates
12/08/2023 to 01/05/2024
Salary
$117,518 to - $152,771 per year
Pay scale & grade
FP 1
Location
1 vacancy in the following location:
New Delhi, India
Remote job
No
Telework eligible
No
Travel Required
Occasional travel - 50 % or less, frequency of travel will vary.
Relocation expenses reimbursed
Yes—You may qualify for reimbursement of relocation expenses in accordance with agency policy and after signing a Continuing Service Agreement (CSA).
Appointment type
Temporary - Two years
Work schedule
Full-time
Service
Excepted
Promotion potential
1
Job family (Series)
Supervisory status
No
Security clearance
Top Secret
Drug test
Yes
Position sensitivity and risk
Critical-Sensitive (CS)/High Risk
Trust determination process
Announcement number
PTO-DE-24-12184847
Control number
764332000

Duties

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The Attorney-Adviser provides authoritative advice and guidance to senior and executive staff at post, U.S. Embassy executives, other government agencies, international organizations, U.S. businesses, and foreign governments regarding complex legal issues, opinions specifically related to intellectual property rights, U.S. law, and the intellectual property infrastructure in the host country. As the Attorney-Adviser, the incumbent serves as advisor to U.S. Embassy staff, other DOC agencies, Foreign Service Commercial staff at posts, other U.S. government agencies, and U.S. companies; interpreting U.S. and host country laws, calling their attention to host country actions that may affect U.S. intellectual property policy and business concerns.

Typical duties performed include but are not limited to:

  • Serves as an expert in intellectual property, as well as international trade, legislative procedures and executive branch decision making related to intellectual property.
  • Promotes high standards of intellectual property protection and enforcement in host country and/or region. In doing so, the incumbent carries out U.S. objectives to promote improvements in patent, trademark and copyright legal systems internationally for the benefit of U.S. interests.
  • The incumbent develops, in consultation with appropriate USPTO representatives, strategic plans for engaging countries in the region to improve their intellectual property regimes.
  • Serves as the United States Patent and Trademark Office representative on U.S. delegations to international meetings on intellectual property to develop international agreements, revise existing agreements or address implementation of agreements or treaties.
  • Responsible for program areas of international trade and intellectual property; and identifies and addresses impediments affecting the program areas.
  • Exercises managerial authority over local staff.
Work may also involve:
  • Recommending policies and developing procedures and regulations to implement new or amended legislation.

Requirements

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Conditions of employment

Applicants must meet all qualification requirements by the closing date of this announcement. Please see "Additional Information" for requirements and Conditions of Employment. Any required investigations and clearances must be completed before the selectee can be placed in the position.

  • Must be a US Citizen or US National.
  • Must be able to obtain and maintain a Top-Secret security clearance.
  • Must pass pre-employment & post-employment random drug testing.
  • Must be at least 21 years of age.
  • Must be registered with Selective Service System.
  • Must be able to obtain a medical clearance for worldwide assignment.

Qualifications

To qualify for the FP 0905 1, (GS- 15 equivalency), you must have a minimum of six (6) years of general law practice and one (1) year of specialized experience at a level of difficulty and responsibility equivalent to that of a GS-14 in the Federal Service. Your resume will be evaluated based on evidence of your ability to clearly demonstrate the required professional law experience, specialized experience and knowledge, skills, and abilities (KSAs).

Applicants must possess the following by the closing date of this announcement in order to be eligible for this position:

Knowledge, Skills and Abilities (KSAs):

  1. Ability to supervise, manage, and oversee a subordinate staff engaged in legal work.
  2. Ability to write a variety of documents including policy, speeches, talking points, briefs, and options.
  3. Ability to provide succinct, timely and comprehensive reports, both orally and in writing.
  4. Knowledge of foreign and domestic intellectual property laws, the effect of U.S. political relationships and positions with respect to other countries on the protection of intellectual property internationally, foreign and domestic laws affecting the rights of U.S. citizens and foreign nationals and/or international agreements, treaties, etc., including business or economic matters affecting the same.
  5. Ability to prepare expert legal analysis on intellectual property issues developing in the host country and the region.
  6. Ability to express orally and in writing complex legal issues and interrelationships of public policy interests and issues impacting agency programs.
  7. Ability to develop and maintain effective working relationships with high-level officials.
Must have a minimum of six (6) years of general law practice and one year of specialized experience at a level of difficulty and responsibility equivalent to that of a GS-14 in the Federal Service:

Professional Legal/Law Experience for all attorneys is experience that has equipped the applicant with the particular knowledge, skills, abilities and/or competencies to perform successfully the duties of the position to be filled. This experience is characterized by:

  • Breadth and depth of experience in rendering professional legal advice and services with respect to questions, regulations, practices, or other matters falling within the purview of a Federal government agency, private sector, law firm, or other organization;
  • Preparing interpretative and administrative orders, rules, or regulations to give effect to the provisions of governing statutes or other requirements of law;
  • Drafting, negotiating, or examining contracts or other legal documents;
  • Drafting, preparing formal comments, or making substantive recommendations regarding proposed legislation;
  • Editing and preparing for publication statutes enacted by Congress and opinions or decisions of a court, commission, or board;
  • Drafting and reviewing decisions for consideration and adoption by an organization or official;
  • Conducting investigations to obtain facts; determining questions of law; studying, analyzing and evaluating legal precedents, to present findings.
Legal work is described as:
  • Extremely complex and difficult and requires a high order of original and creative legal endeavor in balancing conflicting interests;
  • Has broad or wide-scope impact on an economy, industry, private or public interests; and
  • May involve directly or indirectly very large sums of money.
Specialized experience is experience that has equipped you with the knowledge, skills and abilities to successfully perform the duties of the position.

Specialized Experience is defined as having experience:
  • Experience demonstrating knowledge of all fields of Intellectual Property (IP) and International IP agreements;
  • Experience assisting in and/or devising the correct strategy for resolving complex issues by applying sound knowledge of the fields of foreign policy, international trade and IP;
  • Strong communication skills to liaise with local contracts and work closely with appropriate Consulate officials on developments.
  • Experience providing guidance and assistance in negotiating on IP matters in bilateral and/or multilateral settings;
  • Experience planning, organizing and/or executing training and outreach programs on complex IP issues;
  • Experience providing guidance and assistance on the basic principles governing protection of intellectual property, such as patents, trademarks, copyrights and trade secrets and/or treaties administered by the World Intellectual Property Organization (WIPO) in order to monitor foreign governments' implementation of trade agreements and to assess foreign governments' compliance with international trade obligations;
  • Experience supervising professional staff and managing resources in a technical or legal organization; AND
  • Experience demonstrating of U. S. statues, regulations, decisions and policies and international agreements pertaining to international trade and intellectual property to enable development of proposals or recommendations that may alter (e.g., improve property protection for U. S. interests) domestic and international law on international property or affect the role or operation of the U. S. Patent and Trademark Office (USPTO).

Education

POSITIVE EDUCATIONAL REQUIREMENTS: (All grade levels): You must have a graduate degree, with an LL.M. or J. D. from a full course of study in a School of Law accredited by the American Bar Association, or a State Accredited Law School, and be a current member in good standing of the bar of a State, Territory of the United States, the District of Columbia, Commonwealth of Puerto Rico or the Commonwealth of the Northern Mariana Islands.

1. Possess a graduate degree, with an LL.M or J. D. from a full course of study in a School of Law accredited by the American Bar Association, or a State Accredited Law School;

2. Be a current member in good standing of the bar of a State, Territory of the United States, the District of Columbia, Commonwealth of Puerto Rico or the Commonwealth of the Northern Mariana Islands;

3. Possess at least six (6) years of professional legal/law experience; and

4. Possess at least one (1) year of specialized experience.

Additional information

Initial tour of duty is two (2) years. Extension(s) up to a maximum of five (5) years is possible, however, extensions are not guaranteed and no promise of an extension is implied.

  • FINANCIAL DISCLOSURE: You must complete a Financial Disclosure Report within 30 days of appointment.
  • VETERANS PREFERENCE: Veterans' preference does not apply to this vacancy as an Attorney Appointment within the Excepted Service. While there is no formal rating system for applying veterans' preference to attorney appointments in the excepted service, the Department considers veterans' preference eligibility a positive factor in the hiring process. If claiming veteran's preference, you must indicate the type of veteran's preference you are claiming on your resume. Any supporting documentation received from veterans will be retained to document veteran's status if selected.
  • FEDERAL STATUS: Current Federal applicants/employees will be appointed/converted at their current grade level. Upon appointment/conversion to the Foreign Service, there are no promotion opportunities. Employees will be converted/appointed in accordance with Subchapter 200-1 of DAO 202-900.
  • RE-EMPLOYMENT WITH LOSING AGENCY: An employee of any agency who accepts, with the consent of the head of that agency, a limited appointment in the Foreign Service under section 309 of the Foreign Service Act of 1980 is entitled, upon the expiration of that appointment, to be reemployed in that employee's former position or in a corresponding or higher position in that agency. Upon reemployment under this section, an employee shall be entitled to any within-grade increases in pay which the employee would have received if the employee had remained in the former position in the agency.
  • APPLICANTS WITH A DISABILITY: The Department of Commerce provides reasonable accommodations to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please notify the Office of Foreign Service Human Capital contact identified in this vacancy. The decision on granting reasonable accommodation will be on a case-by-case basis. THE DEPARTMENT OF COMMERCE IS AN EQUAL EMPLOYMENT OPPORTUNITY (EEO) EMPLOYER.
  • SELECTIVE SERVICE REQUIREMENT: Male applicants born after December 31, 1959, must certify at the time of appointment that they have registered with the Selective Service System or are exempt from having to do so under Selective Service law.
  • DRUG TESTING: Under the Department of Commerce's Drug Free Workplace Plan, all applicants tentatively selected for this position will be required to submit to a urinalysis to screen for illegal drug use prior to appointment, and if appointed the incumbent will be subjected to random drug testing procedures.
  • REASONABLE ACCOMMODATIONS: The Department of Commerce provides reasonable accommodations to applicants with disabilities. If you need a reasonable accommodation for any part of the application and hiring process, please notify the Office of Foreign Service Human Resources contact identified in this vacancy. The decision on granting reasonable accommodation will be on a case-by-case basis. The Department of Commerce is an Equal Employment Opportunity (EEO) Employer.

How you will be evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

We will review your resume, optional cover letter, and supporting documentation to determine if you meet the minimum qualification requirements for the position as described in this vacancy announcement. If you meet the qualification requirements stated in the vacancy announcement, we will compare your resume and supporting documentation to your responses to the vacancy questions.

Your resume and supporting documentation must support your responses to the vacancy questions, or your score may be lowered. High self-assessment in the vacancy questions that is not supported by information in your resume and/or supporting documents may eliminate you from further consideration and/or best qualified status. The best qualified candidates will be identified for referral to the selecting official/hiring manager. Your answers to the questions in the online application process serve as the basis for your initial rating and will determine who is best qualified for this position; only the best qualified candidates will be referred to the selecting official for further consideration.

To preview questions, please click the following link: https://apply.usastaffing.gov/ViewQuestionnaire/12184847

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