[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 124 Introduced in Senate (IS)]







105th CONGRESS
  2d Session
S. CON. RES. 124

Expressing the sense of Congress regarding the denial of benefits under 
  the Generalized System of Preferences to developing countries that 
  violate the intellectual property rights of United States persons, 
 particularly those that have not implemented their obligations under 
    the Agreement on Trade-Related Aspects of Intellectual Property.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

              October 6 (legislative day, October 2), 1998

 Mr. Lautenberg (for himself, Mr. Hatch, Mr. Graham, Mr. Grassley, Mr. 
Helms, Mrs. Boxer, Mr. Bingaman,  and Mr. Mack) submitted the following 
 concurrent resolution; which was referred to the Committee on Finance

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Expressing the sense of Congress regarding the denial of benefits under 
  the Generalized System of Preferences to developing countries that 
  violate the intellectual property rights of United States persons, 
 particularly those that have not implemented their obligations under 
    the Agreement on Trade-Related Aspects of Intellectual Property.

Whereas intellectual property-dependent industries include businesses that 
        depend on protection of trademarks, trade secrets, trade names, 
        copyrights, and patents;
Whereas intellectual property-dependent industries have become primary drivers 
        of the United States economy, contributing over $500,000,000,000 to the 
        United States economy in 1997;
Whereas the foreign sales and exports of United States intellectual property-
        dependent goods totaled at least $100,000,000,000 in 1997, exceeded 
        sales of every other industrial sector, and helped the United States 
        balance of trade;
Whereas international piracy of United States intellectual property, which the 
        Department of Commerce estimates costs United States companies nearly 
        $50,000,000,000 annually, poses the greatest threat to the continued 
        success of United States intellectual property-dependent industries;
Whereas goods from many developing countries receive preferential duty treatment 
        under the Generalized System of Preferences even though those countries 
        do not protect intellectual property rights of United States persons;
Whereas piracy of United States intellectual property is so rampant in some 
        developing countries that receive benefits under the Generalized System 
        of Preferences that it effectively prevents United States intellectual 
        property-dependent industries from selling products in those countries;
Whereas the Agreement on Trade-Related Aspects of Intellectual Property Rights 
        requires its signatories to provide a minimum of essential protections 
        to the intellectual property of citizens from all signatory nations;
Whereas the United States has fully implemented its obligations under the 
        Agreement on Trade-Related Aspects of Intellectual Property Rights, and 
        in fact in many cases offers stronger protection of intellectual 
        property rights than required in the Agreement;
Whereas it appears that at the current rate many developing countries that 
        receive benefits under the Generalized System of Preferences may not be 
        in compliance with their obligations under the Agreement on Trade-
        Related Aspects of Intellectual Property Rights on January 1, 2000, as 
        required; and
Whereas many of the developing countries that receive benefits under the 
        Generalized System of Preferences and that are not on track in complying 
        with their obligations under the Agreement on Trade-Related Aspects of 
        Intellectual Property Rights are responsible for substantial trade 
        losses suffered by United States intellectual property-dependent 
        industries: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That it is the sense of Congress that--
            (1) the United States should not give special trade 
        preferences to goods originating from a country that does not 
        adequately and effectively protect United States intellectual 
        property rights, particularly a developing country that has not 
        met its obligations under the Agreement on Trade-Related 
        Aspects of Intellectual Property Rights by January 1, 2000;
            (2) Congress should monitor the progress of developing 
        countries in meeting their obligations under the Agreement on 
        Trade-Related Aspects of Intellectual Property Rights by 
        January 1, 2000; and
            (3) Congress should consider legislation that would deny 
        the benefits of the Generalized System of Preferences to 
        developing countries that are not in compliance with their 
        obligations under the Agreement on Trade-Related Aspects of 
        Intellectual Property Rights beginning on January 1, 2000.
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