A bill to improve international intellectual property protection, to improve foreign market access for United States companies that rely on intellectual property protection, and for other purposes.
Anti-Piracy and Market Access Act - Title I: Actions to Increase International Intellectual Property Protection - Requires the U.S. Trade Representative (USTR) to publish annually: (1) a list of all foreign countries and instrumentalities that deny adequate and effective protection of intellectual property rights to U.S. persons; and (2) a list of the above countries that the USTR identifies as priority foreign countries. Sets forth factors for determining whether a country is a priority foreign country. Authorizes the USTR to make additions to the list of priority foreign countries in certain circumstances.
Requires the President to enter into negotiations with priority foreign countries to establish protection for intellectual property rights for U.S. persons in such countries. Grants the President the authority to enter into compensation agreements in order to maintain the general level of reciprocal and mutually advantageous concessions.
Sets forth the objectives of such negotiations, including the improvement of foreign protection of intellectual property and the development of international rules to protect such property.
Requires the President, if the United States is unable to enter into an agreement with a priority foreign country, to take some action, including but not limited to suspension of certain trade agreements and changes in the tariff treatment of imports from such country.
Requires the trade measures imposed by the President to have a material economic impact on the priority foreign country in question. Authorizes the President to defer action for six months if the President's negotiations are making substantial progress.
Requires the President to consult with interested parties, including Members of the Congress, on such negotiations.
Title II: Actions to Open Foreign Markets - Requires the USTR to publish annually: (1) a list of all foreign countries and instrumentalities that deny fair and equitable market access to U.S. companies that rely on intellectual property protection; and (2) a list of the above countries that the USTR identifies as priority foreign countries. Sets forth factors for determining whether a country is a priority foreign country. Authorizes the USTR to make additions to the list of priority foreign countries in certain circumstances.
Requires the President to enter into negotiations with such priority foreign countries on agreements setting specific terms to provide U.S. companies that rely on intellectual property protection with fair and equitable market access in such countries. Grants the President the authority to enter into compensation agreements in order to maintain the general level of reciprocal and mutually advantageous concessions.
Requires the objectives of such market access negotiations to be to: (1) provide for fair and equitable market access in all priority foreign countries to U.S. companies that rely on intellectual property protection; (2) obtain agreements that provide such companies fair and equitable market access in all substantial foreign markets; and (3) prevent foreign restrictions from causing continued harm to such companies.
Requires the President, if the United States is unable to enter into an agreement with a priority foreign country, to take some action, including but not limited to suspension of certain trade agreements and changes in tariff treatment of imports from such country.
Requires the trade measures imposed by the President to have a material economic impact on such country. Authorizes the President to defer action for 30 days if the President certifies to the Congress that negotiations are making substantial progress.
Requires the President to consult with interested parties, including Members of Congress, on such market access negotiations.
Title III: Generalized System of Preferences - Amends the Trade Act of 1974 to require the President to withdraw, suspend, or limit the application of duty-free treatment to country under the Generalized System of Preferences if such country does not provide adequate protection of intellectual property or adequate market access unless the President certifies to the Congress that such country has taken substantial action toward providing intellectual property protection and market access for U.S. persons.
Prohibits the President from granting tariff preferences to, or requires the President to remove tariff preferences from, an import which a court or Federal agency has determined infringes a patent, copyright, trademark, mask work, or trade secret.
Title IV: Caribbean Basin Economic Recovery Act - Amends the Caribbean Basin Economic Recovery Act to authorize the President to withdraw, suspend, or limit the application of the duty-free treatment to any country under such Act. Requires the President to take such action against a beneficiary country if the country does not provide adequate and effective intellectual property protection or fair and equitable market access to U.S. persons, unless the President certifies to the Congress that such country has taken substantial action toward providing such protection and access for U.S. persons.
Became Public Law No: 100-418.
Introduced in House
Introduced in House
Referred to House Committee on Ways and Means.
Referred to Subcommittee on Trade.
Provisions of Measure Incorporated Into H.R.4848.
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