I 

118TH CONGRESS 

2D SESSION H. R. 10103 

To amend titles 17, 18, and 35, United States Code, the Plant Variety 

Protection Act, and the Lanham Act to require the submission of a 

report to Congress before the negotiation of any international agreement 

relating to an intellectual property right, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 8, 2024 

Mr. ISSA (for himself and Mr. FITZGERALD) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To amend titles 17, 18, and 35, United States Code, the 

Plant Variety Protection Act, and the Lanham Act to 

require the submission of a report to Congress before 

the negotiation of any international agreement relating 

to an intellectual property right, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Timely Reporting of 

5 IP Rights Waivers Act’’ or the ‘‘TRIPS Waivers Act’’. 


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1 SEC. 2. NEGOTIATION OF INTERNATIONAL AGREEMENTS 

2 RELATING TO PATENT RIGHTS. 

3 (a) AMENDMENT.—Title 35, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘PART VI—INTERNATIONAL AGREEMENTS 

‘‘40. Negotiation of international agreement ......................... 401 

6 ‘‘CHAPTER 40—NEGOTIATION OF 

7 INTERNATIONAL AGREEMENTS 

‘‘Sec. 

‘‘401. Report required for negotiation of international agreements relating to 

patent rights. 

8 ‘‘§ 401. Report required for negotiation of inter9 national agreements relating to patent 

10 rights 

11 ‘‘(a) REPORT REQUIRED BEFORE NEGOTIATION.— 

12 Not later than 60 days before the date on which the Presi13 dent or any official, employee, or agent of the United 

14 States initiates negotiation regarding any withdrawal, sus15 pension, waiver, or modification of any international 

16 agreement or initiates negotiation for the entry of the 

17 United States to any international agreement, the effect 

18 of which would result in the reduction or restriction of 

19 the value, scope, or enforceability of a patent right in a 

20 manner that is more than trivial and more than merely 

21 speculative, the President or any such official, employee, 

22 or agent shall submit to the Committee on the Judiciary 

23 of the Senate and the Committee on the Judiciary of the 


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1 House of Representatives a report on any such negotiation 

2 that includes an analysis of the quantitative and quali3 tative impact of the anticipated range of potential out4 comes of such negotiation on— 

5 ‘‘(1) any patent right protected under this title; 

6 ‘‘(2) any right of a United States person with 

7 respect to a patent; and 

8 ‘‘(3) the United States patent system. 

9 ‘‘(b) UNITED STATES PERSON DEFINED.—The term 

10 ‘United States person’ means any United States citizen 

11 or alien admitted for permanent residence in the United 

12 States, and any corporation, partnership, or other organi13 zation organized under the laws of the United States.’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 The table of parts in title 35, United States Code, is 

16 amended— 

17 (1) by amending the item relating to part V as 

18 follows: 

‘‘V. The Hague Agreement Concerning International 

Registration of Industrial Designs ................. 381’’; and 

19 (2) by adding at the end the following: 

‘‘VI. International Agreements .................................................... 401’’. 

20 SEC. 3. NEGOTIATION OF INTERNATIONAL AGREEMENTS 

21 RELATING TO COPYRIGHT. 

22 (a) AMENDMENT.—Title 17, United States Code, is 

23 amended by adding at the end the following: 


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1 ‘‘CHAPTER 16—INTERNATIONAL 

2 AGREEMENTS 

‘‘Sec. 

‘‘1601. Report required for negotiation of international agreements relating to 

copyright rights. 

3 ‘‘§ 1601. Report required for negotiation of inter4 national agreements relating to copyright 

5 rights 

6 ‘‘(a) REPORT REQUIRED BEFORE NEGOTIATION.— 

7 Not later than 60 days before the date on which the Presi8 dent or any official, employee, or agent of the United 

9 States initiates negotiation regarding any withdrawal, sus10 pension, waiver, or modification of any international 

11 agreement or initiates negotiation for the entry of the 

12 United States to any international agreement, the effect 

13 of which would result in the reduction or restriction of 

14 the value, scope, or enforceability of a copyright right in 

15 a manner that is more than trivial and more than merely 

16 speculative, the President or any such official, employee, 

17 or agent shall submit to the Committee on the Judiciary 

18 of the Senate and the Committee on the Judiciary of the 

19 House of Representatives a report on any such negotiation 

20 that includes an analysis of the quantitative and quali21 tative impact of the anticipated range of potential out22 comes of such negotiation on— 

23 ‘‘(1) any copyright protected under this title; 


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1 ‘‘(2) any right of a United States person with 

2 respect to a copyright; and 

3 ‘‘(3) the United States copyright system. 

4 ‘‘(b) UNITED STATES PERSON DEFINED.—The term 

5 ‘United States person’ means any United States citizen 

6 or alien admitted for permanent residence in the United 

7 States, and any corporation, partnership, or other organi8 zation organized under the laws of the United States.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 (1) CHAPTER.—The table of chapters for title 

11 17, United States Code, is amended by adding at 

12 the end following: 

‘‘16. International agreements ..................................................... 1601’’. 

13 (2) SECTION.—The table of sections for chapter 

14 16 of title 17, United States Code, is amended by 

15 adding at the end following: 

‘‘1601. Report required for negotiation of international agreements relating to 

copyright rights.’’. 

16 SEC. 4. AMENDMENT TO THE PLANT VARIETY PROTECTION 

17 ACT. 

18 Chapter 12 of the Plant Variety Protection Act (Pub19 lic Law 91–577; 7 U.S.C. 2561 et seq.) is amended by 

20 adding at the end the following: 


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1 ‘‘SEC. 130A. REPORT REQUIRED FOR NEGOTIATION OF 

2 INTERNATIONAL AGREEMENTS RELATING TO 

3 PLANT VARIETIES RIGHTS. 

4 ‘‘(a) REPORT REQUIRED BEFORE NEGOTIATION.— 

5 Not later than 60 days before the date on which the Presi6 dent or any official, employee, or agent of the United 

7 States initiates negotiation regarding any withdrawal, sus8 pension, waiver, or modification of any international 

9 agreement or initiates negotiation for the entry of the 

10 United States to any international agreement, the effect 

11 of which would result in the reduction or restriction of 

12 the value, scope, or enforceability of a plant varieties right 

13 in a manner that is more than trivial and more than mere14 ly speculative, the President or any such official, employee, 

15 or agent shall submit to the Committee on the Judiciary 

16 of the Senate and the Committee on the Judiciary of the 

17 House of Representatives a report on any such negotiation 

18 that includes an analysis of the quantitative and quali19 tative impact of the anticipated range of potential out20 comes of such negotiation on— 

21 ‘‘(1) any plant varieties right protected under 

22 this Act; 

23 ‘‘(2) any right of a United States person with 

24 respect to a plant variety; and 

25 ‘‘(3) the United States plant varieties system. 


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1 ‘‘(b) UNITED STATES PERSON DEFINED.—The term 

2 ‘United States person’ means any United States citizen 

3 or alien admitted for permanent residence in the United 

4 States, and any corporation, partnership, or other organi5 zation organized under the laws of the United States.’’. 

6 SEC. 5. NEGOTIATION OF INTERNATIONAL AGREEMENTS 

7 RELATING TO TRADEMARK. 

8 The Act entitled ‘‘An Act to provide for the registra9 tion and protection of trademarks used in commerce, to 

10 carry out the provisions of certain international conven11 tions, and for other purposes’’, approved July 5, 1946 (15 

12 U.S.C. 1051 et seq.) (commonly referred to as the ‘‘Trade13 mark Act of 1946’’ or the ‘‘Lanham Act’’) is amended 

14 by adding at the end the following: 

15 ‘‘SEC. 75. REPORT REQUIRED FOR NEGOTIATION OF INTER16 NATIONAL AGREEMENTS RELATING TO 

17 TRADEMARK RIGHTS. 

18 ‘‘(a) REPORT REQUIRED BEFORE NEGOTIATION.— 

19 Not later than 60 days before the date on which the Presi20 dent or any official, employee, or agent of the United 

21 States initiates negotiation regarding any withdrawal, sus22 pension, waiver, or modification of any international 

23 agreement or initiates negotiation for the entry of the 

24 United States to any international agreement, the effect 

25 of which would result in the reduction or restriction of 


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1 the value, scope, or enforceability of a trademark right in 

2 a manner that is more than trivial and more than merely 

3 speculative, the President or any such official, employee, 

4 or agent shall submit to the Committee on the Judiciary 

5 of the Senate and the Committee on the Judiciary of the 

6 House of Representatives a report on any such negotiation 

7 that includes an analysis of the quantitative and quali8 tative impact of the anticipated range of potential out9 comes of such negotiation on— 

10 ‘‘(1) any trademark right protected under this 

11 Act; 

12 ‘‘(2) any right of a United States person with 

13 respect to a trademark; and 

14 ‘‘(3) the United States trademark system. 

15 ‘‘(b) UNITED STATES PERSON DEFINED.—The term 

16 ‘United States person’ means any United States citizen 

17 or alien admitted for permanent residence in the United 

18 States, and any corporation, partnership, or other organi19 zation organized under the laws of the United States.’’. 

20 SEC. 6. NEGOTIATION OF INTERNATIONAL AGREEMENTS 

21 RELATING TO TRADE SECRETS. 

22 (a) AMENDMENT.—Chapter 90 of title 18, United 

23 States Code, is amended by— 

24 (1) redesignating section 1839 as section 1840; 

25 and 


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1 (2) inserting after section 1838 the following: 

2 ‘‘§ 1839. Report required for negotiation of inter3 national agreements relating to trade se4 cret rights 

5 ‘‘(a) REPORT REQUIRED BEFORE NEGOTIATION.— 

6 Not later than 60 days before the date on which the Presi7 dent or any official, employee, or agent of the United 

8 States initiates negotiation regarding any withdrawal, sus9 pension, waiver, or modification of any international 

10 agreement or initiates negotiation for the entry of the 

11 United States to any international agreement, the effect 

12 of which would result in the reduction or restriction of 

13 the value, scope, or enforceability of a trade secret right 

14 in a manner that is more than trivial and more than mere15 ly speculative, the President or any such official, employee, 

16 or agent shall submit to the Committee on the Judiciary 

17 of the Senate and the Committee on the Judiciary of the 

18 House of Representatives a report on any such negotiation 

19 that includes an analysis of the quantitative and quali20 tative impact of the anticipated range of potential out21 comes of such negotiation on— 

22 ‘‘(1) any trade secret protected under this chap23 ter; 

24 ‘‘(2) any right of a United States person with 

25 respect to a trade secret; and 


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1 ‘‘(3) the United States trade secret system. 

2 ‘‘(b) UNITED STATES PERSON DEFINED.—The term 

3 ‘United States person’ means any United States citizen 

4 or alien admitted for permanent residence in the United 

5 States, and any corporation, partnership, or other organi6 zation organized under the laws of the United States.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

8 The table of sections for chapter 90 of title 18, United 

9 States Code, is amended by striking the item related to 

10 section 1839 and inserting the following: 

‘‘1839. Report required for negotiation of international agreements relating to 

trade secret rights. 

‘‘1840. Definitions.’’. 

Æ 


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