[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 429 Introduced in House (IH)]

  2d Session
H. RES. 429

 Expressing the sense of the House of Representatives with respect to 
the compliance of the People's Republic of China with its intellectual 
 property rights enforcement agreement with the United States and its 
               accession to the World Trade Organization.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 1996

   Mr. Markey (for himself, Ms. Pelosi, Mr. Bryant of Texas, and Mr. 
 Spratt) submitted the following resolution; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the House of Representatives with respect to 
the compliance of the People's Republic of China with its intellectual 
 property rights enforcement agreement with the United States and its 
               accession to the World Trade Organization.

Whereas the Intellectual Property Rights Enforcement Agreement entered into in 
        February of 1995 between the United States Government and the Government 
        of the People's Republic of China (hereafter in this resolution referred 
        to as the ``Intellectual Property Rights Agreement'') committed the 
        People's Republic of China to take strong measures to curb piracy of 
        works protected by intellectual property rights, particularly in the 
        areas of computer software, audiovisual works, patented products, and 
        trademarks;
Whereas the Intellectual Property Rights Agreement requires the People's 
        Republic of China to close factories engaging in conduct prohibited by 
        the Intellectual Property Rights Agreement, revoke audiovisual permits 
        and business licenses of establishments engaging in piracy, seize and 
        destroy pirated products, establish stringent border controls to stop 
        trafficking in pirated products, and remand for criminal prosecution 
        individuals responsible for pirating activities;
Whereas despite some progress on the part of the People's Republic of China 
        toward implementing the terms of the Intellectual Property Rights 
        Agreement, the United States Trade Representative has determined that 
        the fulfillment by the People's Republic of China of key provisions of 
        the Intellectual Property Rights Agreement remains seriously deficient;
Whereas the refusal of the People's Republic of China to comply with those 
        provisions of the Intellectual Property Rights Agreement requiring the 
        closure of factories producing pirated CD-ROM's, compact discs, and 
        laser discs has inflicted an estimated $2,300,000,000 in damages on 
        United States intellectual property-based industries;
Whereas authorities in the People's Republic of China have not fulfilled their 
        obligations under the Intellectual Property Rights Agreement to 
        eliminate the manufacture and distribution of pirated products, 
        vigorously pursue copyright infringement, prosecute those engaging in 
        the most egregious acts of piracy, and impose fines significant enough 
        to deter piracy;
Whereas the People's Republic of China has failed to establish the effective 
        border enforcement system required by the Intellectual Property Rights 
        Agreement to prevent the export of pirated products, and as a result 
        shipments of pirated cargo continue to reach overseas markets where they 
        deprive United States manufacturers of revenues by driving down sales of 
        legitimate products;
Whereas the National Copyright Administration established in the People's 
        Republic of China as part of the Intellectual Property Rights Agreement 
        so that legitimate title holders of intellectual property can be 
        identified by manufacturers before production commences, has received 
        virtually no requests by manufacturers for title verifications;
Whereas the widespread marketing of pirated CD-ROM's produced in the People's 
        Republic of China that contain software compilations results in steep 
        losses for the United States software industry;
Whereas, while the People's Republic of China fails to meet its responsibilities 
        under the Intellectual Property Rights Agreement and, according to the 
        United States Trade Representative, is not engaged in good faith 
        negotiations to bring itself into compliance with the Intellectual 
        Property Rights Agreement, the People's Republic of China actively seeks 
        entry into the World Trade Organization in order to gain access to 
        favorable international trading privileges; and
Whereas the working party on accession of the People's Republic of China to the 
        World Trade Organization has been meeting to determine the terms and 
        conditions under which the People's Republic of China may join the World 
        Trade Organization: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives 
that--
            (1) during meetings of the working party of the World Trade 
        Organization on the accession of the People's Republic of China 
        to the World Trade Organization, and in all bilateral 
        consultations between the United States Government and the 
        Government of the People's Republic of China, full compliance 
        by the People's Republic of China with the Intellectual 
        Property Rights Agreement should be established as a condition 
        for the accession of the People's Republic of China to the 
        World Trade Organization; and
            (2) until such time as the United States Trade 
        Representative certifies that the People's Republic of China is 
        making significant, steady, and measurable progress toward 
        fulfilling its obligations under the Intellectual Property 
        Rights Agreement, the United States Government should oppose 
        the accession of the People's Republic of China to the World 
        Trade Organization.
                                 <all>