[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 142 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
S. RES. 142

    Expressing the sense of the Senate that the United States Trade 
Representative should bring a case before the World Trade Organization 
    regarding the violations of intellectual property rights by the 
                      People's Republic of China.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2005

    Mr. Dorgan (for himself and Mr. Graham) submitted the following 
       resolution; which was referred to the Committee on Finance

_______________________________________________________________________

                               RESOLUTION


 
    Expressing the sense of the Senate that the United States Trade 
Representative should bring a case before the World Trade Organization 
    regarding the violations of intellectual property rights by the 
                      People's Republic of China.

Whereas at the Joint Commission on Commerce and Trade (JCCT) meeting in April 
        2004, the People's Republic of China committed to undertake a 
        significant reduction of infringements on intellectual property rights;
Whereas on April 29, 2005, the United States Trade Representative concluded 
        that, ``China has not resolved critical deficiencies in (intellectual 
        property rights) protection and enforcement and, as a result, 
        infringements remain at epidemic levels'';
Whereas the United States Trade Representative found that ``China's inadequate 
        intellectual property rights enforcement is resulting in infringement 
        levels at 90 percent or above for virtually every form of intellectual 
        property,'';
Whereas United States Trade Representative further concluded that ``there has 
        not been a significant reduction in (intellectual property rights) 
        infringements throughout China,'' notwithstanding China's commitment in 
        April 2004 to achieve such a reduction;
Whereas, according to the United States Chamber of Commerce, China's violations 
        of intellectual property rights are costing United States industry an 
        estimated $200,000,000,000 per year; and
Whereas the Agreement on Trade-Related Aspects of Intellectual Property Rights 
        (TRIPS) (described in section 101(d)(15) of the Uruguay Round Agreements 
        Act) is intended to provide a mechanism for the enforcement of 
        intellectual property rights: Now, therefore, be it
    Resolved, That it is the sense of the Senate that the United States 
Trade Representative should immediately initiate a case against the 
People's Republic of China through the World Trade Organization dispute 
settlement process.
                                 <all>