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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10103 Introduced in House (IH)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Timely Reporting of IP Rights 
Waivers Act'' or the ``TRIPS Waivers Act''.

SEC. 2. NEGOTIATION OF INTERNATIONAL AGREEMENTS RELATING TO PATENT 
              RIGHTS.

    (a) Amendment.--Title 35, United States Code, is amended by adding 
at the end the following:

                  ``PART VI--INTERNATIONAL AGREEMENTS

``40. Negotiation of international agreement................        401

         ``CHAPTER 40--NEGOTIATION OF INTERNATIONAL AGREEMENTS

``Sec.
``401. Report required for negotiation of international agreements 
                            relating to patent rights.
``Sec. 401. Report required for negotiation of international agreements 
              relating to patent rights
    ``(a) Report Required Before Negotiation.--Not later than 60 days 
before the date on which the President or any official, employee, or 
agent of the United States initiates negotiation regarding any 
withdrawal, suspension, waiver, or modification of any international 
agreement or initiates negotiation for the entry of the United States 
to any international agreement, the effect of which would result in the 
reduction or restriction of the value, scope, or enforceability of a 
patent right in a manner that is more than trivial and more than merely 
speculative, the President or any such official, employee, or agent 
shall submit to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives a report on 
any such negotiation that includes an analysis of the quantitative and 
qualitative impact of the anticipated range of potential outcomes of 
such negotiation on--
            ``(1) any patent right protected under this title;
            ``(2) any right of a United States person with respect to a 
        patent; and
            ``(3) the United States patent system.
    ``(b) United States Person Defined.--The term `United States 
person' means any United States citizen or alien admitted for permanent 
residence in the United States, and any corporation, partnership, or 
other organization organized under the laws of the United States.''.
    (b) Technical and Conforming Amendments.--The table of parts in 
title 35, United States Code, is amended--
            (1) by amending the item relating to part V as follows:

``V. The Hague Agreement Concerning International            381''; and
                            Registration of Industrial 
                            Designs.
            (2) by adding at the end the following:

``VI. International Agreements..............................     401''.

SEC. 3. NEGOTIATION OF INTERNATIONAL AGREEMENTS RELATING TO COPYRIGHT.

    (a) Amendment.--Title 17, United States Code, is amended by adding 
at the end the following:

                 ``CHAPTER 16--INTERNATIONAL AGREEMENTS

``Sec.
``1601. Report required for negotiation of international agreements 
                            relating to copyright rights.
``Sec. 1601. Report required for negotiation of international 
              agreements relating to copyright rights
    ``(a) Report Required Before Negotiation.--Not later than 60 days 
before the date on which the President or any official, employee, or 
agent of the United States initiates negotiation regarding any 
withdrawal, suspension, waiver, or modification of any international 
agreement or initiates negotiation for the entry of the United States 
to any international agreement, the effect of which would result in the 
reduction or restriction of the value, scope, or enforceability of a 
copyright right in a manner that is more than trivial and more than 
merely speculative, the President or any such official, employee, or 
agent shall submit to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Representatives a report 
on any such negotiation that includes an analysis of the quantitative 
and qualitative impact of the anticipated range of potential outcomes 
of such negotiation on--
            ``(1) any copyright protected under this title;
            ``(2) any right of a United States person with respect to a 
        copyright; and
            ``(3) the United States copyright system.
    ``(b) United States Person Defined.--The term `United States 
person' means any United States citizen or alien admitted for permanent 
residence in the United States, and any corporation, partnership, or 
other organization organized under the laws of the United States.''.
    (b) Technical and Conforming Amendments.--
            (1) Chapter.--The table of chapters for title 17, United 
        States Code, is amended by adding at the end following:

``16. International agreements..............................    1601''.
            (2) Section.--The table of sections for chapter 16 of title 
        17, United States Code, is amended by adding at the end 
        following:

``1601. Report required for negotiation of international agreements 
                            relating to copyright rights.''.

SEC. 4. AMENDMENT TO THE PLANT VARIETY PROTECTION ACT.

     Chapter 12 of the Plant Variety Protection Act (Public Law 91-577; 
7 U.S.C. 2561 et seq.) is amended by adding at the end the following:

``SEC. 130A. REPORT REQUIRED FOR NEGOTIATION OF INTERNATIONAL 
              AGREEMENTS RELATING TO PLANT VARIETIES RIGHTS.

    ``(a) Report Required Before Negotiation.--Not later than 60 days 
before the date on which the President or any official, employee, or 
agent of the United States initiates negotiation regarding any 
withdrawal, suspension, waiver, or modification of any international 
agreement or initiates negotiation for the entry of the United States 
to any international agreement, the effect of which would result in the 
reduction or restriction of the value, scope, or enforceability of a 
plant varieties right in a manner that is more than trivial and more 
than merely speculative, the President or any such official, employee, 
or agent shall submit to the Committee on the Judiciary of the Senate 
and the Committee on the Judiciary of the House of Representatives a 
report on any such negotiation that includes an analysis of the 
quantitative and qualitative impact of the anticipated range of 
potential outcomes of such negotiation on--
            ``(1) any plant varieties right protected under this Act;
            ``(2) any right of a United States person with respect to a 
        plant variety; and
            ``(3) the United States plant varieties system.
    ``(b) United States Person Defined.--The term `United States 
person' means any United States citizen or alien admitted for permanent 
residence in the United States, and any corporation, partnership, or 
other organization organized under the laws of the United States.''.

SEC. 5. NEGOTIATION OF INTERNATIONAL AGREEMENTS RELATING TO TRADEMARK.

    The Act entitled ``An Act to provide for the registration and 
protection of trademarks used in commerce, to carry out the provisions 
of certain international conventions, and for other purposes'', 
approved July 5, 1946 (15 U.S.C. 1051 et seq.) (commonly referred to as 
the ``Trademark Act of 1946'' or the ``Lanham Act'') is amended by 
adding at the end the following:

``SEC. 75. REPORT REQUIRED FOR NEGOTIATION OF INTERNATIONAL AGREEMENTS 
              RELATING TO TRADEMARK RIGHTS.

    ``(a) Report Required Before Negotiation.--Not later than 60 days 
before the date on which the President or any official, employee, or 
agent of the United States initiates negotiation regarding any 
withdrawal, suspension, waiver, or modification of any international 
agreement or initiates negotiation for the entry of the United States 
to any international agreement, the effect of which would result in the 
reduction or restriction of the value, scope, or enforceability of a 
trademark right in a manner that is more than trivial and more than 
merely speculative, the President or any such official, employee, or 
agent shall submit to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Representatives a report 
on any such negotiation that includes an analysis of the quantitative 
and qualitative impact of the anticipated range of potential outcomes 
of such negotiation on--
            ``(1) any trademark right protected under this Act;
            ``(2) any right of a United States person with respect to a 
        trademark; and
            ``(3) the United States trademark system.
    ``(b) United States Person Defined.--The term `United States 
person' means any United States citizen or alien admitted for permanent 
residence in the United States, and any corporation, partnership, or 
other organization organized under the laws of the United States.''.

SEC. 6. NEGOTIATION OF INTERNATIONAL AGREEMENTS RELATING TO TRADE 
              SECRETS.

    (a) Amendment.--Chapter 90 of title 18, United States Code, is 
amended by--
            (1) redesignating section 1839 as section 1840; and
            (2) inserting after section 1838 the following:
``Sec. 1839. Report required for negotiation of international 
              agreements relating to trade secret rights
    ``(a) Report Required Before Negotiation.--Not later than 60 days 
before the date on which the President or any official, employee, or 
agent of the United States initiates negotiation regarding any 
withdrawal, suspension, waiver, or modification of any international 
agreement or initiates negotiation for the entry of the United States 
to any international agreement, the effect of which would result in the 
reduction or restriction of the value, scope, or enforceability of a 
trade secret right in a manner that is more than trivial and more than 
merely speculative, the President or any such official, employee, or 
agent shall submit to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Representatives a report 
on any such negotiation that includes an analysis of the quantitative 
and qualitative impact of the anticipated range of potential outcomes 
of such negotiation on--
            ``(1) any trade secret protected under this chapter;
            ``(2) any right of a United States person with respect to a 
        trade secret; and
            ``(3) the United States trade secret system.
    ``(b) United States Person Defined.--The term `United States 
person' means any United States citizen or alien admitted for permanent 
residence in the United States, and any corporation, partnership, or 
other organization organized under the laws of the United States.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 90 of title 18, United States Code, is amended by striking the 
item related to section 1839 and inserting the following:

``1839. Report required for negotiation of international agreements 
                            relating to trade secret rights.
``1840. Definitions.''.
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