[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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