[Congressional Record Volume 151, Number 64 (Monday, May 16, 2005)]
[Senate]
[Page S5230]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         SUBMITTED RESOLUTIONS

                                 ______
                                 

  SENATE RESOLUTION 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

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

                              S. Res. 142

       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.

                          ____________________