Anti-Piracy and Market Access Act

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.

Authorizes the President to exclude a country from such negotiations and remedial provisions if the negotiations would be unlikely to significantly advance, or would be detrimental to, U.S. economic interests.

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 President to impose trade measures that have an economic impact substantially equivalent to lost U.S. revenues resulting from inadequate and ineffectual intellectual property protection in such country. Authorizes the President to defer action for six months 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 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. Requires the USTR, in determining whether a country denies such market access, to consider: (1) whether there are restrictions on investments by, or the establishment of, U.S. companies that rely on intellectual property protection in such country; (2) whether there are licensing or certification restrictions in such country that inhibit such U.S. companies from functioning freely; and (3) whether such U.S. companies suffer from discriminatory or monopolistic practices of such country's organizations. 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) obtain agreements that provide U.S. companies that rely on intellectual property protection fair and equitable market access in all substantial foreign markets; and (2) prevent foreign restrictions from causing continued harm to such companies.

Authorizes the USTR, upon consultation with interested U.S. companies, to exclude a specific sector and/or country from negotiations and remedial provisions if such negotiations would be detrimental 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 President to impose trade measures that have an economic impact substantially equivalent to lost U.S. revenues resulting from unfair and inequitable market access in 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 terminate benefits previously extended to a country under the Generalized System of Preferences if such country is identified as having inadequate protection of intellectual property or inadequate 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 require the USTR to exclude from benefits under such Act articles imported from countries that do 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. Requires the value of benefits withdrawn by the USTR to have an economic impact substantially equivalent to lost U.S. revenues resulting from the denial of intellectual property protection or market access.

Title V: Improvement of Enforcement of United States Rights - Establishes an Office of Enforcement within the Office of the U.S. Trade Representative to administer section 301 of the Trade Act of 1974 and the provisions of this Act. Authorizes appropriations for such Office.