II 

108TH CONGRESS 

1ST SESSION S. 1911

To amend the provisions of title III of the Trade Act of 1974 relating 

to violations of the TRIPS Agreement, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 20, 2003

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

was read twice and referred to the Committee on Finance 

A BILL

To amend the provisions of title III of the Trade Act of 

1974 relating to violations of the TRIPS Agreement, 

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. USTR DETERMINATIONS IN TRIPS AGREEMENT 

4 INVESTIGATIONS. 

5 (a) IN GENERAL.—Section 304(a)(2)(A) of the Trade 

6 Act of 1974 (19 U.S.C. 2414(a)(2)(A)) is amended by in7 serting after ‘‘agreement,’’ the following: ‘‘except an inves8 tigation initiated pursuant to section 302(b)(2)(A) involv9 ing rights under the Agreement on Trade-Related Aspects 

10 of Intellectual Property Rights (defined in section 
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1 101(d)(15) of the Uruguay Round Agreements Act) or the 

2 GATT 1994 (referred to in section 101(d)(1) of such Act) 

3 relating to products subject to intellectual property protec4 tion,’’. 

5 (b) TIMEFRAME FOR TRIPS AGREEMENT DETER6 MINATIONS.—Section 304(a)(3)(A) of the Trade Act of 

7 1974 is amended to read as follows: 

8 ‘‘(A) If an investigation is initiated under this 

9 chapter by reason of section 302(b)(2) and—

10 ‘‘(i) the Trade Representative considers 

11 that rights under the Agreement on Trade-Re12 lated Aspects of Intellectual Property Rights or 

13 the GATT 1994 relating to products subject to 

14 intellectual property protection are involved, the 

15 Trade Representative shall make the determina16 tion required under paragraph (1) not later 

17 than 30 days after the date on which the dis18 pute settlement procedure is concluded; or 

19 ‘‘(ii) the Trade Representative does not 

20 consider that a trade agreement, including the 

21 Agreement on Trade-Related Aspects of Intel22 lectual Property Rights), is involved or does not 

23 make a determination described in subpara24 graph (B) with respect to such investigation, 

25 the Trade Representative shall make the deter-
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1 minations required under paragraph (1) with 

2 respect to such investigation by no later than 

3 the date that is 6 months after the date on 

4 which such investigation is initiated.’’. 

5 (c) CONFORMING AMENDMENT.—Section 

6 305(a)(2)(B) of the Trade Act of 1974 is amended by 

7 striking ‘‘section 304(a)(3)(A)’’ and inserting ‘‘section 

8 304(a)(3)(A)(ii)’’. 

9 SEC. 2. PETITIONS FOR REVIEW UNDER ATPA AND CBERA. 

10 (a) ATPA.—Section 203 of the Andean Trade Pref11 erence Act (19 U.S.C. 3202) is amended by adding at the 

12 end the following new subsection: 

13 ‘‘(g) PETITIONS FOR REVIEW.—The United States 

14 Trade Representative shall ensure a timely review and dis15 position of requests received from an interested party that 

16 the President reconsider the status of a country as a bene17 ficiary country under this Act.’’. 

18 (b) CBI.—Section 212 of the Caribbean Basin Eco19 nomic Recovery Act (19 U.S.C. 2702) is amended by add20 ing at the end the following new subsection: 

21 ‘‘(g) PETITIONS FOR REVIEW.—The United States 

22 Trade Representative shall ensure a timely review and dis23 position of requests received from an interested party that 

24 the President reconsider the status of a country as a bene25 ficiary country under this Act.’’. 
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1 SEC. 3. ADEQUATE AND EFFECTIVE PROTECTION OF IN2 TELLECTUAL PROPERTY RIGHTS UNDER GSP. 

3 Section 502(c) of the Trade Act of 1974 (19 U.S.C. 

4 2462(c)) is amended by striking the semicolon at the end 

5 of paragraph (5) and adding the following: ‘‘notwith6 standing the fact that the foreign country may be in com7 pliance with the specific obligations of the Agreement on 

8 Trade-Related Aspects of Intellectual Property Rights re9 ferred to in section 101(d)(15) of the Uruguay Round 

10 Agreements Act;’’. 

11 SEC. 4. ADEQUATE AND EFFECTIVE PROTECTION OF IN12 TELLECTUAL PROPERTY RIGHTS UNDER CBI. 

13 (a) IN GENERAL.—Section 212(c) of the Caribbean 

14 Basin Economic Recovery Act (19 U.S.C. 2702(c)) is 

15 amended by striking the semicolon at the end of para16 graph (9) and adding the following: ‘‘notwithstanding the 

17 fact that the foreign country may be in compliance with 

18 the specific obligations of the Agreement on Trade-Related 

19 Aspects of Intellectual Property Rights referred to in sec20 tion 101(d)(15) of the Uruguay Round Agreements Act;’’. 

21 (b) CBTPA BENEFICIARY COUNTRY.—Section 

22 213(b)(5)(B)(ii) of the Caribbean Basin Economic Recov23 ery Act (19 U.S.C. 2703(b)(5)(B)(ii)) is amended to read 

24 as follows: 

25 ‘‘(ii) The extent to which the country 

26 provides adequate and effective protection 
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1 of intellectual property rights notwith2 standing the fact that the foreign country 

3 may be in compliance with the specific ob4 ligations of the Agreement on Trade-Re5 lated Aspects of Intellectual Property 

6 Rights referred to in section 101(d)(15) of 

7 the Uruguay Round Agreements Act;’’. 

8 SEC. 5. ADEQUATE AND EFFECTIVE PROTECTION OF IN9 TELLECTUAL PROPERTY RIGHTS UNDER THE 

10 ATPA. 

11 (a) IN GENERAL.—Section 203(d) of the Andean 

12 Trade Preference Act (19 U.S.C. 3202(d)) is amended by 

13 striking the semicolon at the end of paragraph (9) and 

14 adding the following: ‘‘notwithstanding the fact that the 

15 foreign country may be in compliance with the specific ob16 ligations of the Agreement on Trade-Related Aspects of 

17 Intellectual Property Rights referred to in section 

18 101(d)(15) of the Uruguay Round Agreements Act;’’. 

19 (b) ATPDEA BENEFICIARY COUNTRY.—Section 

20 204(b)(6)(B)(ii) of the Andean Trade Preference Act (19 

21 U.S.C. 3203(b)(6)(B)(ii)) is amended to read as follows: 

22 ‘‘(ii) The extent to which the country 

23 provides adequate and effective protection 

24 of intellectual property rights notwith25 standing the fact that the foreign country 
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1 may be in compliance with the specific ob2 ligations of the Agreement on Trade-Re3 lated Aspects of Intellectual Property 

4 Rights referred to in section 101(d)(15) of 

5 the Uruguay Round Agreements Act.’’.

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