91 HR 10103 IH: Timely Reporting of IP Rights Waivers Act
U.S. House of Representatives
2024-11-08
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I
118th CONGRESS
2d Session
H. R. 10103
IN THE HOUSE OF REPRESENTATIVES
November 8, 2024
Mr. Issa (for himself and Mr. Fitzgerald) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend titles 17, 18, and 35, United States Code, the Plant Variety Protection Act, and the Lanham Act to require the submission of a report to Congress before the negotiation of any international agreement relating to an intellectual property right, and for other purposes.
1.

Short title
This Act may be cited as the “Timely Reporting of IP Rights Waivers Act” or the “TRIPS Waivers Act”.
2.

Negotiation of international agreements relating to patent rights
(a)

Amendment
Title 35, United States Code, is amended by adding at the end the following:
“VI

International Agreements
40.
Negotiation of international agreement
401
40

Negotiation of international agreements
Sec.
401. Report required for negotiation of international agreements relating to patent rights.
401.

Report required for negotiation of international agreements relating to patent rights
(a)

Report required before negotiation
Not later than 60 days before the date on which the President or any official, employee, or agent of the United States initiates negotiation regarding any withdrawal, suspension, waiver, or modification of any international agreement or initiates negotiation for the entry of the United States to any international agreement, the effect of which would result in the reduction or restriction of the value, scope, or enforceability of a patent right in a manner that is more than trivial and more than merely speculative, the President or any such official, employee, or agent shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on any such negotiation that includes an analysis of the quantitative and qualitative impact of the anticipated range of potential outcomes of such negotiation on—
(1)
any patent right protected under this title;
(2)
any right of a United States person with respect to a patent; and
(3)
the United States patent system.
(b)

United States person defined
The term United States person means any United States citizen or alien admitted for permanent residence in the United States, and any corporation, partnership, or other organization organized under the laws of the United States.”.
(b)

Technical and conforming amendments
The table of parts in title 35, United States Code, is amended—
(1)
by amending the item relating to part V as follows:
“V.
The Hague Agreement Concerning International Registration of Industrial Designs
381”; and
(2)
by adding at the end the following:
“VI.
International Agreements
401”.
3.

Negotiation of international agreements relating to copyright
(a)

Amendment
Title 17, United States Code, is amended by adding at the end the following:
“16

International agreements
Sec.
1601. Report required for negotiation of international agreements relating to copyright rights.
1601.

Report required for negotiation of international agreements relating to copyright rights
(a)

Report required before negotiation
Not later than 60 days before the date on which the President or any official, employee, or agent of the United States initiates negotiation regarding any withdrawal, suspension, waiver, or modification of any international agreement or initiates negotiation for the entry of the United States to any international agreement, the effect of which would result in the reduction or restriction of the value, scope, or enforceability of a copyright right in a manner that is more than trivial and more than merely speculative, the President or any such official, employee, or agent shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on any such negotiation that includes an analysis of the quantitative and qualitative impact of the anticipated range of potential outcomes of such negotiation on—
(1)
any copyright protected under this title;
(2)
any right of a United States person with respect to a copyright; and
(3)
the United States copyright system.
(b)

United States person defined
The term United States person means any United States citizen or alien admitted for permanent residence in the United States, and any corporation, partnership, or other organization organized under the laws of the United States.”.
(b)

Technical and conforming amendments
(1)

Chapter
The table of chapters for title 17, United States Code, is amended by adding at the end following:
“16.
International agreements
1601”.
(2)

Section
The table of sections for chapter 16 of title 17, United States Code, is amended by adding at the end following:
“1601. Report required for negotiation of international agreements relating to copyright rights.”.
4.

Amendment to the Plant Variety Protection Act
Chapter 12 of the Plant Variety Protection Act (Public Law 91–577; 7 U.S.C. 2561 et seq.) is amended by adding at the end the following:
“130A.

Report required for negotiation of international agreements relating to plant varieties rights
(a)

Report required before negotiation
Not later than 60 days before the date on which the President or any official, employee, or agent of the United States initiates negotiation regarding any withdrawal, suspension, waiver, or modification of any international agreement or initiates negotiation for the entry of the United States to any international agreement, the effect of which would result in the reduction or restriction of the value, scope, or enforceability of a plant varieties right in a manner that is more than trivial and more than merely speculative, the President or any such official, employee, or agent shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on any such negotiation that includes an analysis of the quantitative and qualitative impact of the anticipated range of potential outcomes of such negotiation on—
(1)
any plant varieties right protected under this Act;
(2)
any right of a United States person with respect to a plant variety; and
(3)
the United States plant varieties system.
(b)

United States person defined
The term United States person means any United States citizen or alien admitted for permanent residence in the United States, and any corporation, partnership, or other organization organized under the laws of the United States.”.
5.

Negotiation of international agreements relating to trademark
The Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred to as the “Trademark Act of 1946” or the “Lanham Act”) is amended by adding at the end the following:
“75.

Report required for negotiation of international agreements relating to trademark rights
(a)

Report required before negotiation
Not later than 60 days before the date on which the President or any official, employee, or agent of the United States initiates negotiation regarding any withdrawal, suspension, waiver, or modification of any international agreement or initiates negotiation for the entry of the United States to any international agreement, the effect of which would result in the reduction or restriction of the value, scope, or enforceability of a trademark right in a manner that is more than trivial and more than merely speculative, the President or any such official, employee, or agent shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on any such negotiation that includes an analysis of the quantitative and qualitative impact of the anticipated range of potential outcomes of such negotiation on—
(1)
any trademark right protected under this Act;
(2)
any right of a United States person with respect to a trademark; and
(3)
the United States trademark system.
(b)

United States person defined
The term United States person means any United States citizen or alien admitted for permanent residence in the United States, and any corporation, partnership, or other organization organized under the laws of the United States.”.
6.

Negotiation of international agreements relating to trade secrets
(a)

Amendment
Chapter 90 of title 18, United States Code, is amended by—
(1)
redesignating section 1839 as section 1840; and
(2)
inserting after section 1838 the following:
“1839.

Report required for negotiation of international agreements relating to trade secret rights
(a)

Report required before negotiation
Not later than 60 days before the date on which the President or any official, employee, or agent of the United States initiates negotiation regarding any withdrawal, suspension, waiver, or modification of any international agreement or initiates negotiation for the entry of the United States to any international agreement, the effect of which would result in the reduction or restriction of the value, scope, or enforceability of a trade secret right in a manner that is more than trivial and more than merely speculative, the President or any such official, employee, or agent shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on any such negotiation that includes an analysis of the quantitative and qualitative impact of the anticipated range of potential outcomes of such negotiation on—
(1)
any trade secret protected under this chapter;
(2)
any right of a United States person with respect to a trade secret; and
(3)
the United States trade secret system.
(b)

United States person defined
The term United States person means any United States citizen or alien admitted for permanent residence in the United States, and any corporation, partnership, or other organization organized under the laws of the United States.”.
(b)

Technical and conforming amendment
The table of sections for chapter 90 of title 18, United States Code, is amended by striking the item related to section 1839 and inserting the following:
“1839. Report required for negotiation of international agreements relating to trade secret rights.
1840. Definitions.”.