II 

110TH CONGRESS 

2D SESSION S. 3464 

To amend the Trade Act of 1974 to improve the international protection 

and enforcement of intellectual property rights, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2008 

Mr. BAUCUS (for himself and Mr. HATCH) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To amend the Trade Act of 1974 to improve the international protection and enforcement of intellectual property rights, 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 ‘‘International Intellec5 tual Property Protection and Enforcement Act of 2008’’. 


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1 SEC. 2. SPECIAL RULES FOR COUNTRIES ON THE PRIORITY 

2 WATCH LIST OF THE UNITED STATES TRADE 

3 REPRESENTATIVE. 

4 (a) IN GENERAL.—Section 182 of the Trade Act of 

5 1974 (19 U.S.C. 2242) is amended by striking subsection 

6 (g) and inserting the following: 

7 ‘‘(g) SPECIAL RULES FOR FOREIGN COUNTRIES ON

8 THE PRIORITY WATCH LIST.— 

9 ‘‘(1) ACTION PLANS.— 

10 ‘‘(A) IN GENERAL.—Not later than 90 

11 days after the date on which the Trade Rep12 resentative submits the National Trade Esti13 mate under section 181(b), the Trade Rep14 resentative shall, in consultation with the offi15 cers described in subsection (b)(2)(A), develop 

16 an action plan described in subparagraph (C) 

17 with respect to each foreign country described 

18 in subparagraph (B). 

19 ‘‘(B) FOREIGN COUNTRY DESCRIBED.— 

20 The Trade Representative shall develop an ac21 tion plan pursuant to subparagraph (A) with 

22 respect to each foreign country that— 

23 ‘‘(i) the Trade Representative has 

24 identified for placement on the priority 

25 watch list; and 


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1 ‘‘(ii) has remained on such list for at 

2 least 1 year. 

3 ‘‘(C) ACTION PLAN DESCRIBED.—An ac4 tion plan developed pursuant to subparagraph 

5 (A) shall contain the benchmarks described in 

6 subparagraph (D) and be designed to assist the 

7 foreign country to— 

8 ‘‘(i) achieve— 

9 ‘‘(I) adequate and effective pro10 tection of intellectual property rights; 

11 and 

12 ‘‘(II) fair and equitable market 

13 access for United States persons that 

14 rely upon intellectual property protec15 tion; or 

16 ‘‘(ii) make significant progress toward 

17 achieving the goals described in clause (i). 

18 ‘‘(D) BENCHMARKS DESCRIBED.—The 

19 benchmarks contained in an action plan devel20 oped pursuant to subparagraph (A) are such 

21 legislative, institutional, enforcement, or other 

22 actions as the Trade Representative determines 

23 to be necessary for the foreign country to 

24 achieve the goals described in clause (i) or (ii) 

25 of subparagraph (C). 


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1 ‘‘(2) FAILURE TO MEET ACTION PLAN BENCH2 MARKS.— 

3 ‘‘(A) IN GENERAL.—If, 1 year after the 

4 date on which an action plan is developed under 

5 paragraph (1)(A), the President, in consultation 

6 with the Trade Representative, determines that 

7 the foreign country to which the action plan ap8 plies has not substantially complied with the 

9 benchmarks described in paragraph (1)(D), the 

10 President may take one or more of the actions 

11 described in subparagraph (B) with respect to 

12 the foreign country. 

13 ‘‘(B) PRESIDENTIAL ACTION DE14 SCRIBED.—The President may take the fol15 lowing actions pursuant to subparagraph (A): 

16 ‘‘(i) GOVERNMENT PROCUREMENT.— 

17 Suspend, restrict, or prohibit new or re18 newed procurement by the Federal Govern19 ment of goods or services from the foreign 

20 country, unless— 

21 ‘‘(I) the foreign country is a 

22 party to the Agreement on Govern23 ment Procurement referred to in sec24 tion 101(d)(17) of the Uruguay 

25 Round Agreements Act (19 U.S.C. 


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1 3511(d)(17)) or any other inter2 national agreement relating to govern3 ment procurement to which the 

4 United States is also a party; and 

5 ‘‘(II) such suspension, restriction, 

6 or prohibition would violate any such 

7 agreement. 

8 ‘‘(ii) OVERSEAS PRIVATE INVESTMENT

9 CORPORATION FINANCING.—Suspend, re10 strict, or prohibit the approval of new fi11 nancing (including loans, guarantees, other 

12 credits, insurance, and reinsurance) by the 

13 Overseas Private Investment Corporation 

14 with respect to a project located in the for15 eign country or in which an entity of the 

16 foreign country participates. 

17 ‘‘(iii) EXPORT-IMPORT BANK FINANC18 ING.—Suspend, restrict, or prohibit the ap19 proval of new financing (including loans, 

20 guarantees, other credits, insurance, and 

21 reinsurance) by the Export-Import Bank of 

22 the United States in connection with the 

23 export of any good or service to the foreign 

24 country or an entity of the foreign country. 


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1 ‘‘(iv) MULTILATERAL DEVELOPMENT

2 BANK FINANCING.—Instruct the United 

3 States Executive Director of each multilat4 eral development bank (as defined in sec5 tion 1307 of the International Financial 

6 Institutions Act (22 U.S.C. 262m–7)) to 

7 oppose the approval of any new financing 

8 (including loans, guarantees, other credits, 

9 insurance, and reinsurance) by the multi10 lateral development bank to the govern11 ment of the foreign country or with respect 

12 to a project located in the foreign country 

13 or in which an entity of the foreign coun14 try participates. 

15 ‘‘(v) TRADE AND DEVELOPMENT

16 AGENCY.—Suspend, restrict, or prohibit 

17 the provision of assistance by the United 

18 States Trade and Development Agency in 

19 connection with a project located in the 

20 foreign country or in which an entity of 

21 the foreign country participates. 

22 ‘‘(vi) PREFERENTIAL TRADE PRO23 GRAMS.—Suspend, limit, or withdraw any 

24 preferential treatment for which the for25 eign country qualifies under the GeneralVerDate Aug 31 2005 00:37 Sep 11, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3464.IS S3464

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1 ized System of Preferences under title V of 

2 the Trade Act of 1974 (19 U.S.C. 2461 et 

3 seq.), the Caribbean Basin Economic Re4 covery Act (19 U.S.C. 2701 et seq.), the 

5 Andean Trade Preference Act (19 U.S.C. 

6 3201 et seq.), or the African Growth and 

7 Opportunity Act (19 U.S.C. 3701 et seq.). 

8 ‘‘(C) RESTORATION OF BENEFITS.—The 

9 President shall revoke any actions taken with 

10 respect to a foreign country under subpara11 graph (B) on the date on which the President, 

12 in consultation with the Trade Representative, 

13 determines and certifies to Congress that the 

14 foreign country has substantially complied with 

15 the benchmarks described in paragraph (1)(D). 

16 ‘‘(3) PRIORITY WATCH LIST DEFINED.—For 

17 purposes of this subsection, the term ‘priority watch 

18 list’ means the priority watch list established by the 

19 Trade Representative. 

20 ‘‘(h) ANNUAL REPORT.—Not later than 30 days after 

21 the date on which the Trade Representative submits the 

22 National Trade Estimate under section 181(b), the Trade 

23 Representative shall transmit to the Committee on Ways 

24 and Means of the House of Representatives and the Com25 mittee on Finance of the Senate a report on actions taken 


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1 under this section during the 12 months preceding such 

2 report, and the reasons for such actions, including— 

3 ‘‘(1) any foreign countries identified under sub4 section (a); 

5 ‘‘(2) a description of progress made in achiev6 ing improved intellectual property protection and 

7 market access for persons relying on intellectual 

8 property rights; and 

9 ‘‘(3) a description of the action plans developed 

10 under subsection (g) and any actions taken by for11 eign countries under such plans.’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.— 

13 (1) IN GENERAL.—There are authorized to be 

14 appropriated to the Office of the United States 

15 Trade Representative such sums as may be nec16 essary to provide assistance to any developing coun17 try to which an action plan applies under section 

18 182(g) of the Trade Act of 1974, as amended by 

19 subsection (a), to facilitate the efforts of the devel20 oping country to comply with the benchmarks con21 tained in the action plan. Such assistance may in22 clude capacity building, activities designed to in23 crease awareness of intellectual property rights, and 

24 training for officials responsible for enforcing intel25 lectual property rights in the developing country. 


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1 (2) DEVELOPING COUNTRY DEFINED.—For 

2 purposes of this subsection, the term ‘‘developing 

3 country’’ means a country classified by the World 

4 Bank as having a low-income or lower-middle-income 

5 economy. 

6 (c) SAVINGS.—Nothing in this section shall be con7 strued as limiting the authority of the President or the 

8 United States Trade Representative to develop action 

9 plans other than action plans described in section 182(g) 

10 of the Trade Act of 1974, as amended by subsection (a), 

11 or to take any action otherwise authorized by law in re12 sponse to the failure of a foreign country to provide ade13 quate and effective protection and enforcement of intellec14 tual property rights. 

15 SEC. 3. ADDITIONAL PERSONNEL IN COUNTRIES WITH 

16 COMMERCIALLY SIGNIFICANT RELATION17 SHIPS WITH THE UNITED STATES. 

18 (a) IN GENERAL.—Not later than 2 years after the 

19 date of the enactment of this Act, the President shall en20 sure that an intellectual property attache ́ with the title of 

21 Minister-Counselor is placed in the United States embassy 

22 of each foreign country with which the President deter23 mines the United States has a commercially significant re24 lationship. 


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1 (b) FUNCTIONS OF ATTACHE ́S.—An intellectual 

2 property attache ́ placed in a United States embassy in a 

3 foreign country under subsection (a) shall— 

4 (1) serve as a liaison between the United States 

5 and the foreign country on matters relating to the 

6 protection and enforcement of intellectual property 

7 rights; and 

8 (2) gather and provide any information re9 quested by the United States Trade Representative 

10 for purposes of developing or determining compli11 ance with an action plan described in section 182(g) 

12 of the Trade Act of 1974, as amended by section 

13 2(a). 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as may be 

16 necessary to carry out this section. 

Æ 


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