[Congressional Record (Bound Edition), Volume 152 (2006), Part 4]
[Senate]
[Pages 5119-5120]
[From the U.S. Government Publishing Office, www.gpo.gov]




SENATE CONCURRENT RESOLUTION 87--EXPRESSING THE SENSE OF CONGRESS THAT 
 UNITED STATES INTELLECTUAL PROPERTY RIGHTS MUST BE PROTECTED GLOBALLY

  Mr. BIDEN (for himself and Mr. Smith) submitted the following 
concurrent resolution; which was referred to the Committee on the 
Judiciary:

                            S. Con. Res. 87

       Whereas the United States is the world's largest creator, 
     producer, and exporter of copyrighted materials;
       Whereas this important sector of the United States economy 
     continues to be at great risk due to the widespread 
     unauthorized reproduction, distribution, and sale of 
     copyrighted United States works, including motion pictures, 
     home video and television programming, music and sound 
     recordings, books, video games, and software;
       Whereas estimates point to a rate of intellectual property 
     piracy of between 70 to 90 percent in some countries, with 
     annual losses to the United States economy in the billions of 
     dollars;
       Whereas the major copyright industries are responsible for 
     an estimated 6 percent of the Nation's total gross domestic 
     product and an annual employment rate of more than 3 percent;
       Whereas strong overseas sales and exports by the major 
     copyright industries are even more important as the United 
     States trade deficit continues to increase, and as the United 
     States economy grows more reliant on the generation of 
     intellectual property and in services related thereto;
       Whereas the Congress is greatly concerned about the failure 
     of some of the trading partners of the United States to meet 
     their international obligations with respect to intellectual 
     property protection;
       Whereas in the Russian Federation, perpetrators of piracy, 
     including one of the largest commercial Internet pirates in 
     the world, are permitted to operate without meaningful 
     hindrance from the Russian Government, and a number of 
     factories located on government property produce pirated 
     products;
       Whereas the Russian Federation is now considering the 
     adoption of a civil code that would annul the country's 
     existing intellectual property law, and incorporate 
     principles that do not conform to its international 
     obligations;
       Whereas the Senate and the House of Representatives have 
     both overwhelmingly passed legislation expressing the sense 
     of the Congress that the Russian Federation must 
     significantly improve the protection of intellectual property 
     as part of its effort to accede to the World Trade 
     Organization and to maintain eligibility in the generalized 
     system of preferences (GSP) program;
       Whereas markets in the People's Republic of China are 
     replete with pirated versions of United States movies, sound 
     recordings, business software, and video games, resulting in 
     over $2,000,000,000 in losses each year to the United States 
     economy;
       Whereas the People's Republic of China has made a number of 
     commitments to the United States which it has yet to meet, 
     including pledges to significantly reduce piracy rates, 
     increase criminal prosecutions of intellectual property 
     rights infringements, reduce exports of infringing goods, 
     improve national police coordination, and join global 
     Internet treaties;
       Whereas the People's Republic of China and the Russian 
     Federation export thousands of pirated versions of products 
     of the United States to other countries;
       Whereas Mexico has a strong market for pirated goods, with 
     thousands of street vendors offering pirated products 
     throughout the country;
       Whereas Canada has become a source of camcorder piracy, has 
     failed to bring its copyright law into conformity with 
     international standards, and has failed to adequately prevent 
     pirated products from other parts of the world from entering 
     the country;
       Whereas India can further improve copyright protections, 
     particularly with regard to enforcement, deterrent 
     sentencing, and coordination of national efforts;
       Whereas Malaysia continues to be a leading source of 
     pirated entertainment software

[[Page 5120]]

     and other copyrighted materials produced for export; and
       Whereas steps must be taken to ensure that the rights of 
     creators and distributors are protected abroad and that 
     creative industries in the United States continue to 
     flourish: Now, therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That it is the sense of Congress that--
       (1) the United States should not complete any agreement 
     relating to the accession of the Russian Federation to the 
     World Trade Organization until the Russian Federation takes 
     concrete steps to address widespread intellectual property 
     violations, including--
       (A) the closure and seizure of factories and machinery used 
     for piracy;
       (B) imposition of meaningful penal sanctions;
       (C) investigation and prosecution of organized criminal 
     piracy syndicates; and
       (D) rejection of proposals that would undermine its 
     existing intellectual property rights regime and retreat 
     further from global standards;
       (2) the People's Republic of China should fundamentally 
     change its intellectual property rights enforcement model by 
     significantly increasing the application of criminal 
     sanctions against major copyright pirates and imposing 
     effective deterrent penalties;
       (3) Mexico, Canada, India, and Malaysia should work in 
     cooperation with the United States Government and industries 
     in the United States to address growing piracy problems 
     within their borders;
       (4) the failure of the countries listed in paragraph (3) to 
     act and protect against the theft of United States 
     intellectual property will have political and economic 
     consequences with regard to relations between these countries 
     and the United States; and
       (5) the President should use all effective remedies and 
     solutions to protect the intellectual property rights of 
     United States persons and entities, and maintain policies 
     that vigorously respond to the failure by other countries to 
     abide by international standards of protection or to 
     otherwise provide adequate and effective protection of 
     intellectual property as provided under United States law.

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