[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1911 Introduced in Senate (IS)]
1st Session
S. 1911
To amend the provisions of title III of the Trade Act of 1974 relating
to violations of the TRIPS Agreement, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 20, 2003
Mr. Hatch (for himself and Mr. Leahy) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the provisions of title III of the Trade Act of 1974 relating
to violations of the TRIPS Agreement, 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. USTR DETERMINATIONS IN TRIPS AGREEMENT INVESTIGATIONS.
(a) In General.--Section 304(a)(2)(A) of the Trade Act of 1974 (19
U.S.C. 2414(a)(2)(A)) is amended by inserting after ``agreement,'' the
following: ``except an investigation initiated pursuant to section
302(b)(2)(A) involving rights under the Agreement on Trade-Related
Aspects of Intellectual Property Rights (defined in section 101(d)(15)
of the Uruguay Round Agreements Act) or the GATT 1994 (referred to in
section 101(d)(1) of such Act) relating to products subject to
intellectual property protection,''.
(b) Timeframe for TRIPS Agreement Determinations.--Section
304(a)(3)(A) of the Trade Act of 1974 is amended to read as follows:
``(A) If an investigation is initiated under this chapter
by reason of section 302(b)(2) and--
``(i) the Trade Representative considers that
rights under the Agreement on Trade-Related Aspects of
Intellectual Property Rights or the GATT 1994 relating
to products subject to intellectual property protection
are involved, the Trade Representative shall make the
determination required under paragraph (1) not later
than 30 days after the date on which the dispute
settlement procedure is concluded; or
``(ii) the Trade Representative does not consider
that a trade agreement, including the Agreement on
Trade-Related Aspects of Intellectual Property Rights),
is involved or does not make a determination described
in subparagraph (B) with respect to such investigation,
the Trade Representative shall make the determinations
required under paragraph (1) with respect to such
investigation by no later than the date that is 6
months after the date on which such investigation is
initiated.''.
(c) Conforming Amendment.--Section 305(a)(2)(B) of the Trade Act of
1974 is amended by striking ``section 304(a)(3)(A)'' and inserting
``section 304(a)(3)(A)(ii)''.
SEC. 2. PETITIONS FOR REVIEW UNDER ATPA AND CBERA.
(a) ATPA.--Section 203 of the Andean Trade Preference Act (19
U.S.C. 3202) is amended by adding at the end the following new
subsection:
``(g) Petitions for Review.--The United States Trade Representative
shall ensure a timely review and disposition of requests received from
an interested party that the President reconsider the status of a
country as a beneficiary country under this Act.''.
(b) CBI.--Section 212 of the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2702) is amended by adding at the end the following new
subsection:
``(g) Petitions for Review.--The United States Trade Representative
shall ensure a timely review and disposition of requests received from
an interested party that the President reconsider the status of a
country as a beneficiary country under this Act.''.
SEC. 3. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY
RIGHTS UNDER GSP.
Section 502(c) of the Trade Act of 1974 (19 U.S.C. 2462(c)) is
amended by striking the semicolon at the end of paragraph (5) and
adding the following: ``notwithstanding the fact that the foreign
country may be in compliance with the specific obligations of the
Agreement on Trade-Related Aspects of Intellectual Property Rights
referred to in section 101(d)(15) of the Uruguay Round Agreements
Act;''.
SEC. 4. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY
RIGHTS UNDER CBI.
(a) In General.--Section 212(c) of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2702(c)) is amended by striking the semicolon
at the end of paragraph (9) and adding the following: ``notwithstanding
the fact that the foreign country may be in compliance with the
specific obligations of the Agreement on Trade-Related Aspects of
Intellectual Property Rights referred to in section 101(d)(15) of the
Uruguay Round Agreements Act;''.
(b) CBTPA Beneficiary Country.--Section 213(b)(5)(B)(ii) of the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)(5)(B)(ii)) is
amended to read as follows:
``(ii) The extent to which the country
provides adequate and effective protection of
intellectual property rights notwithstanding
the fact that the foreign country may be in
compliance with the specific obligations of the
Agreement on Trade-Related Aspects of
Intellectual Property Rights referred to in
section 101(d)(15) of the Uruguay Round
Agreements Act;''.
SEC. 5. ADEQUATE AND EFFECTIVE PROTECTION OF INTELLECTUAL PROPERTY
RIGHTS UNDER THE ATPA.
(a) In General.--Section 203(d) of the Andean Trade Preference Act
(19 U.S.C. 3202(d)) is amended by striking the semicolon at the end of
paragraph (9) and adding the following: ``notwithstanding the fact that
the foreign country may be in compliance with the specific obligations
of the Agreement on Trade-Related Aspects of Intellectual Property
Rights referred to in section 101(d)(15) of the Uruguay Round
Agreements Act;''.
(b) ATPDEA Beneficiary Country.--Section 204(b)(6)(B)(ii) of the
Andean Trade Preference Act (19 U.S.C. 3203(b)(6)(B)(ii)) is amended to
read as follows:
``(ii) The extent to which the country
provides adequate and effective protection of
intellectual property rights notwithstanding
the fact that the foreign country may be in
compliance with the specific obligations of the
Agreement on Trade-Related Aspects of
Intellectual Property Rights referred to in
section 101(d)(15) of the Uruguay Round
Agreements Act.''.
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