I 

108TH CONGRESS 

2D SESSION H. R. 5351

To establish the Office of Intellectual Property and Competition Policy in 

the Department of State. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2004

Ms. WATSON introduced the following bill; which was referred to the 

Committee on International Relations 

A BILL

To establish the Office of Intellectual Property and 

Competition Policy in the Department of State.

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 ‘‘Office of Intellectual 

5 Property and Competition Policy Act of 2004’’. 
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1 SEC. 2. ESTABLISHMENT OF OFFICE OF INTELLECTUAL 

2 PROPERTY AND COMPETITION POLICY IN 

3 THE DEPARTMENT OF STATE. 

4 (a) ESTABLISHMENT.—The State Department Basic 

5 Authorities Act of 1956 is amended by inserting after sec6 tion 58 (22 U.S.C. 2730) the following new section: 

7 ‘‘SEC. 59. OFFICE OF INTELLECTUAL PROPERTY AND COM8 PETITION POLICY. 

9 ‘‘(a) ESTABLISHMENT.—

10 ‘‘(1) IN GENERAL.—There is hereby established 

11 in the Department of State an Office of Intellectual 

12 Property and Competition Policy (in this section re13 ferred to as the ‘Office’). 

14 ‘‘(2) TRANSFER.—Not later than 180 days 

15 after the date of the enactment of the Office of In16 tellectual Property and Competition Policy Act of 

17 2004, the Secretary of State shall transfer to the 

18 Office all functions (including the personnel, assets, 

19 and obligations held by or available in connection 

20 with such functions) of the Intellectual Property and 

21 Competition Policy (IPC) Division of the Bureau of 

22 Economic and Business Affairs of the Department 

23 of State. 

24 ‘‘(b) DUTIES.—The Office shall have primary respon25 sibility within the Department of State—
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1 ‘‘(1) to develop and implement policies to pro2 mote effective intellectual property rights protection 

3 worldwide in close cooperation with other United 

4 States Government agencies, including the Depart5 ment of Commerce, the United States Patent and 

6 Trademark Office, the Register of Copyrights, and 

7 the Office of the United States Trade Representa8 tive, and with United States embassies and missions 

9 in foreign countries; and 

10 ‘‘(2) to provide technical assistance to foreign 

11 countries to implement the policies referred to in 

12 paragraph (1). 

13 ‘‘(c) HEAD OF OFFICE.—

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), the Office shall be headed by a Deputy 

16 Assistant Secretary of State for Intellectual Prop17 erty and Competition Policy, to be appointed by the 

18 President, by and with the advice and consent of the 

19 Senate. 

20 ‘‘(2) CONTINUED SERVICE OF HEAD OF DIVI21 SION.—The individual serving in the position of 

22 head of the Intellectual Property and Competition 

23 Policy Division on the day before the date of the en24 actment of the Office of Intellectual Property and 

25 Competition Policy Act of 2004 may serve as the 
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1 Deputy Assistant Secretary at the pleasure of the 

2 President after the date of the enactment of such 

3 Act. 

4 ‘‘(d) ADDITIONAL STAFF.—The Deputy Assistant 

5 Secretary may appoint and fix the pay of additional per6 sonnel as the Deputy Assistant Secretary considers appro7 priate, including personnel to carry out matters relating 

8 to technical assistance provided to foreign countries pursu9 ant to subsection (b)(2).’’. 

10 (b) RATE OF PAY OF DEPUTY ASSISTANT SEC11 RETARY OF STATE FOR INTELLECTUAL PROPERTY AND

12 COMPETITION POLICY.—Section 5315 of title 5, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘Deputy Assistant Secretary of State for Intel16 lectual Property and Competition Policy.’’.

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