109TH CONGRESS

1ST SESSION S. CON. RES. 28

CONCURRENT RESOLUTION

Whereas protection of intellectual property is critical to our

nation’s economic competitiveness, cultural diversity,

health and scientific development;

Whereas the United States economy depends increasingly on

the work of authors, artists, inventors, programmers, and

many others who create intellectual products of high

value;

Whereas theft of intellectual property results in competitive

disadvantages to United States industries and job losses

for American workers, and for the United States economy as a whole;

Whereas the copyright industries employ approximately

11,500,000 workers or 8.41 percent of total employment

in the United States, a number that approaches the levels

of employment in the health care and social assistance

sector (15,300,000 employees) and the entire manufacturing sector (14,500,000 workers in 21 manufacturing

industries);

Whereas there is great concern about the failure of many of

our trading partners to live up to their international obligations in the area of intellectual property protection;
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SCON 28 ES

Whereas counterfeiting of copyrighted products in digital and

other formats, as well as counterfeiting of all types of

trademarked products, has grown to an enormous scale;

Whereas many of our trading partners, in particular Russia

and China, have laws in place to prevent piracy and

counterfeiting, but are failing to enforce the laws;

Whereas Russia and China alone are responsible for over

$4,000,000,000 in losses a year to United States industries due to piracy;

Whereas piracy in Russia and China is open, notorious, and

permitted to operate without meaningful hindrance from

the governments of those countries;

Whereas China should be encouraged to meet its intellectual

property protection obligations as a member of the World

Trade Organization (WTO);

Whereas Russia should be encouraged to explore means to

provide effective piracy protection enabling compliance

with the rules set forth by the WTO;

Whereas the United States Government must convey to these

countries that failure to act will have political and economic consequences for relationships with the United

States; and

Whereas Congress has enacted legislation regarding the protection of intellectual property, including measures which

direct the Administration to censure countries that fail to

provide adequate and effective protection for intellectual

property: Now, therefore, be it

1 Resolved by the Senate (the House of Representatives

2 concurring), That—
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SCON 28 ES

1 (1) the Administration should utilize effective

2 remedies and solutions in addressing the lack of in3 tellectual property protection in China and Russia,

4 using all available tools provided by Congress;

5 (2) the Administration should ensure that any

6 country that enjoys benefits under the Generalized

7 System of Preferences (GSP) program, such as Rus8 sia, lives up to its obligations to provide adequate

9 and effective protection for intellectual property

10 rights, or lose its eligibility to participate in trade

11 preference programs;

12 (3) the Administration should ensure that ac13 tion is taken against any country with which the

14 United States shares mutual commitments under the

15 WTO, such as China, when the country fails to live

16 up to its WTO commitments;

17 (4) the Administration should urge Russia to

18 promote measures to enforce intellectual property

19 protection which will enable compliance with the in20 tellectual property commitments required by the

21 WTO; and

22 (5) the President should take any additional ac23 tion the President considers appropriate to protect
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SCON 28 ES

1 the intellectual property rights of United States

2 businesses.

Passed the Senate April 26, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. CON. RES. 28

CONCURRENT RESOLUTION

Expressing the sense of the Congress on World Inof protecting intellectual property rights globally. tellectual Property Day regarding the importance