A bill to amend section 337 of the Tariff Act of 1930 and title 28 of the United States Code to provide effective procedures to deal with unfair practices in import trade and to conform section 337 and title 28 to the General Agreement on Tariffs and Trade, and for other purposes.
Intellectual Property Protection Act of 1992 - Amends the Tariff Act of 1930 to require the International Trade Commission (ITC) to conclude at the earliest practicable time (currently, at the earliest practicable time, but not later than one year, or 18 months in more complicated cases) any investigation and make its determination with respect to unfair trade practices in the importation of articles into the United States or the infringement of intellectual property rights by an importer or foreign country. Requires the ITC, in order to promote expeditious adjudication, to establish a target date for its final determination.
Prohibits the exclusion of such articles from entry, or issuance of a cease and desist order, where the ITC determines that an importer has established a sufficient counterclaim related to the unfair trade practice.
Authorizes the forfeiture of bonds posted by an importer if, after investigation, the ITC determines that such importer has committed a violation.
Authorizes the ITC, upon an importer's filing under oath of a complaint for declaratory relief, to declare the rights and other legal relations of the parties, whether or not further relief is or could be sought, in cases of actual controversy as to the existence of unfair methods of competition and unfair acts.
Amends Federal law to require a district court, at a respondent's request, to stay civil actions before it that involve the same parties and claims that are also before the ITC until the ITC's determination becomes final.
Introduced in Senate
Read twice and referred to the Committee on Finance.
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