[Congressional Record Volume 140, Number 150 (Tuesday, December 20, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: December 20, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                        URUGUAY ROUND AGREEMENTS

 Mr. PACKWOOD. Mr. President, one of the key achievements of 
the Uruguay agreement is the obligation it establishes in respect of 
protection of intellectual property rights. America is the preeminent 
producer and exporter of creative and inventive products--motion 
pictures, software, records, books, computers, airplanes, to name but a 
few--all of which are subject to copyright patent or trademark 
protection. By implementing the Uruguay round agreements, foreign 
countries will be obligated to provide American right holders 
protection under their national laws. These steps will improve our 
ability to sell our products overseas, and encourage further creative 
and inventive efforts in our country.
  It is our intention that this agreement establish a new floor for 
future initiatives to improve intellectual property protection, and not 
a ceiling on standards or an obstacle to further efforts to upgrade 
protection. In this implementing legislation, the U.S. Congress directs 
the administration to continue its trade policy initiatives aimed at 
improving export opportunities through bilateral negotiations and 
consultations. In 1984, and again in 1988, we amended our trade laws to 
require the U.S. Trade Representative [USTR] to undertake deliberate 
and forceful bilateral trade initiatives to promote protection of 
American intellectual property rights. Over the past decade, progress 
on intellectual property issues has been achieved through complementary 
bilateral and multilateral initiatives. The World Trade Organization 
[WTO] agreements represent a major step forward on the multilateral 
prong of this approach. While the WTO result is a necessary element for 
attaining our goal of increased export opportunities, bilateral 
initiatives remain an indispensable element.
  Implementation of the Uruguay agreements leaves unchanged the intent 
of the Congress mandating continued effective bilateral negotiations. 
Thus, this implementing legislation states specifically that, 
notwithstanding that a foreign country may have implemented the 
specifically enumerated obligations contained in the TRIP's chapter of 
the WTO, or the obligations of any other bilateral or multilateral 
agreement, those acts by themselves do not mean that the country's laws 
meet the ``adequate and effective protection'' standard of the U.S. 
trade law.
  Bilateral initiatives are especially important for at least two 
reasons. First, they are to be used to ensure that countries that have 
been the subject of past bilateral negotiations move promptly to 
implement adequate and effective protection, and not take advantage of 
the overly long transition periods that are in almost all cases 
unnecessary. Bilateral efforts are necessary to ensure that the United 
States has the ability to address all impediments to trade such as 
measures which deny Americans the right to use, exploit, and derive 
full commercial benefits from their intellectual property. Experience 
demonstrates that bilateral negotiations can produce immediate results. 
Moreover, bilateral initiatives are well suited for resolving trade 
irritants unique to certain markets. Finally, bilateral negotiations 
have consistently resulted in high levels of protection and effective 
enforcement measures.
  For all these reasons, the intent of the Congress with respect to 
bilateral initiatives remains clear and unchanged: The USTR shall not 
diminish in any way bilateral efforts under Special 301, GSP, CBI, and 
ATPA programs to improve protection for U.S. holders of intellectual 
property. Implementation of the Uruguay round agreements shall not be 
construed or interpreted as a change in this mandate. Such bilateral 
efforts shall aim to supplement and strengthen the standards and 
obligations contained in the WTO's TRIP's agreement, secure their early 
implementation and to eliminate discrimination, unreasonable exceptions 
or preconditions to the protection, enforcement or commercial enjoyment 
of the full economic benefits arising from any use or exploitation of 
intellectual property rights. In particular, the United States, through 
bilateral negotiations, shall seek to secure fair, equitable and 
nondiscriminatory market access opportunities for U.S. persons holding 
intellectual property rights.

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