To amend the Trade Act of 1974 to improve the
international protection and enforcement of intellectual property rights, and
for other purposes.
IN THE SENATE OF THE UNITED STATES
September 10, 2008
Mr. Baucus (for himself
and Mr. Hatch) introduced the following
bill; which was read twice and referred to the
Committee on
Finance
A BILL
To amend the Trade Act of 1974 to improve the
international protection and enforcement of intellectual property rights, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1.Short
title.
This Act may be cited as
the “International Intellectual
Property Protection and Enforcement Act of 2008”.
SEC. 2. Special rules
for countries on the priority watch list of the United States Trade
Representative.
(a) In
general.—Section 182 of the Trade Act of 1974 (19 U.S.C. 2242) is
amended by striking subsection (g) and inserting the following:
“(g) Special rules
for foreign countries on the priority watch list.—
“(1) ACTION
PLANS.—
“(A) IN
GENERAL.—Not later than 90 days after the date on which the Trade
Representative submits the National Trade Estimate under section 181(b), the
Trade Representative shall, in consultation with the officers described in
subsection (b)(2)(A), develop an action plan described in subparagraph (C) with
respect to each foreign country described in subparagraph (B).
“(B) FOREIGN COUNTRY
DESCRIBED.—The Trade Representative shall develop an action plan
pursuant to subparagraph (A) with respect to each foreign country that—
“(i) the Trade
Representative has identified for placement on the priority watch list;
and
“(ii) has remained on
such list for at least 1 year.
“(C) ACTION PLAN
DESCRIBED.—An action plan developed pursuant to subparagraph (A)
shall contain the benchmarks described in subparagraph (D) and be designed to
assist the foreign country to—
“(i) achieve—
“(I) adequate and
effective protection of intellectual property rights; and
“(II) fair and
equitable market access for United States persons that rely upon intellectual
property protection; or
“(ii) make significant
progress toward achieving the goals described in clause (i).
“(D) BENCHMARKS
DESCRIBED.—The benchmarks contained in an action plan developed
pursuant to subparagraph (A) are such legislative, institutional, enforcement,
or other actions as the Trade Representative determines to be necessary for the
foreign country to achieve the goals described in clause (i) or (ii) of
subparagraph (C).
“(2) FAILURE TO MEET
ACTION PLAN BENCHMARKS.—
“(A) IN
GENERAL.—If, 1 year after the date on which an action plan is
developed under paragraph (1)(A), the President, in consultation with the Trade
Representative, determines that the foreign country to which the action plan
applies has not substantially complied with the benchmarks described in
paragraph (1)(D), the President may take one or more of the actions described
in subparagraph (B) with respect to the foreign country.
“(B) PRESIDENTIAL
ACTION DESCRIBED.—The President may take the following actions
pursuant to subparagraph (A):
“(i) GOVERNMENT
PROCUREMENT.—Suspend, restrict, or prohibit new or renewed
procurement by the Federal Government of goods or services from the foreign
country, unless—
“(I) the foreign
country is a party to the Agreement on Government Procurement referred to in
section 101(d)(17) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(17))
or any other international agreement relating to government procurement to
which the United States is also a party; and
“(II) such suspension,
restriction, or prohibition would violate any such agreement.
“(ii) OVERSEAS
PRIVATE INVESTMENT CORPORATION FINANCING.—Suspend, restrict, or
prohibit the approval of new financing (including loans, guarantees, other
credits, insurance, and reinsurance) by the Overseas Private Investment
Corporation with respect to a project located in the foreign country or in
which an entity of the foreign country participates.
“(iii) EXPORT-IMPORT
BANK FINANCING.—Suspend, restrict, or prohibit the approval of new
financing (including loans, guarantees, other credits, insurance, and
reinsurance) by the Export-Import Bank of the United States in connection with
the export of any good or service to the foreign country or an entity of the
foreign country.
“(iv) MULTILATERAL
DEVELOPMENT BANK FINANCING.—Instruct the United States Executive
Director of each multilateral development bank (as defined in section 1307 of
the International Financial Institutions Act (22 U.S.C. 262m–7)) to oppose the
approval of any new financing (including loans, guarantees, other credits,
insurance, and reinsurance) by the multilateral development bank to the
government of the foreign country or with respect to a project located in the
foreign country or in which an entity of the foreign country
participates.
“(v) TRADE AND
DEVELOPMENT AGENCY.—Suspend, restrict, or prohibit the provision
of assistance by the United States Trade and Development Agency in connection
with a project located in the foreign country or in which an entity of the
foreign country participates.
“(vi) PREFERENTIAL
TRADE PROGRAMS.—Suspend, limit, or withdraw any preferential
treatment for which the foreign country qualifies under the Generalized System
of Preferences under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.),
the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.), the Andean
Trade Preference Act (19 U.S.C. 3201 et seq.), or the African Growth and
Opportunity Act (19 U.S.C. 3701 et seq.).
“(C) RESTORATION OF
BENEFITS.—The President shall revoke any actions taken with
respect to a foreign country under subparagraph (B) on the date on which the
President, in consultation with the Trade Representative, determines and
certifies to Congress that the foreign country has substantially complied with
the benchmarks described in paragraph (1)(D).
“(3) PRIORITY WATCH
LIST DEFINED.—For purposes of this subsection, the term
‘priority watch list’ means the priority watch list established by
the Trade Representative.
“(h) Annual
report.—Not later than 30 days after the date on which the Trade
Representative submits the National Trade Estimate under section 181(b), the
Trade Representative shall transmit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate a report on
actions taken under this section during the 12 months preceding such report,
and the reasons for such actions, including—
“(1) any foreign
countries identified under subsection (a);
“(2) a description of
progress made in achieving improved intellectual property protection and market
access for persons relying on intellectual property rights; and
“(3) a description of
the action plans developed under subsection (g) and any actions taken by
foreign countries under such
plans.”.
(b) Authorization
of appropriations.—
(1) IN
GENERAL.—There are authorized to be appropriated to the Office of
the United States Trade Representative such sums as may be necessary to provide
assistance to any developing country to which an action plan applies under
section 182(g) of the Trade Act of 1974, as amended by subsection (a), to
facilitate the efforts of the developing country to comply with the benchmarks
contained in the action plan. Such assistance may include capacity building,
activities designed to increase awareness of intellectual property rights, and
training for officials responsible for enforcing intellectual property rights
in the developing country.
(2) DEVELOPING
COUNTRY DEFINED.—For purposes of this subsection, the term
“developing country” means a country classified by the World Bank as
having a low-income or lower-middle-income economy.
(c) Savings.—Nothing
in this section shall be construed as limiting the authority of the President
or the United States Trade Representative to develop action plans other than
action plans described in section 182(g) of the Trade Act of 1974, as amended
by subsection (a), or to take any action otherwise authorized by law in
response to the failure of a foreign country to provide adequate and effective
protection and enforcement of intellectual property rights.
SEC. 3. Additional
personnel in countries with commercially significant relationships with the
United States.
(a) In
general.—Not later than 2 years after the date of the enactment of
this Act, the President shall ensure that an intellectual property attaché with
the title of Minister-Counselor is placed in the United States embassy of each
foreign country with which the President determines the United States has a
commercially significant relationship.
(b) Functions of
attachés.—An intellectual property attaché placed in a United
States embassy in a foreign country under subsection (a) shall—
(1) serve as a
liaison between the United States and the foreign country on matters relating
to the protection and enforcement of intellectual property rights; and
(2) gather and
provide any information requested by the United States Trade Representative for
purposes of developing or determining compliance with an action plan described
in section 182(g) of the Trade Act of 1974, as amended by section 2(a).
(c) Authorization
of appropriations.—There are authorized to be appropriated such
sums as may be necessary to carry out this section.
