I 
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 deter-
mined 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 Representa-
tives 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’’. 
VerDate Sep 11 2014 
19:05 Nov 13, 2024
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H10103.IH
H10103
ssavage on LAPJG3WLY3PROD with BILLS
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. 
‘‘§ 401. Report required for negotiation of inter-
national agreements relating to patent 
rights 
‘‘(a) REPORT REQUIRED BEFORE NEGOTIATION.— 
Not later than 60 days before the date on which the Presi-
dent or any official, employee, or agent of the United 
States initiates negotiation regarding any withdrawal, sus-
pension, 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 
VerDate Sep 11 2014 
19:05 Nov 13, 2024
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H10103.IH
H10103
ssavage on LAPJG3WLY3PROD with BILLS
House of Representatives a report on any such negotiation 
that includes an analysis of the quantitative and quali-
tative impact of the anticipated range of potential out-
comes 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 organi-
zation 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 
Registration of Industrial Designs .................381’’; and 
(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: 
VerDate Sep 11 2014 
19:05 Nov 13, 2024
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H10103.IH
H10103
ssavage on LAPJG3WLY3PROD with BILLS
‘‘CHAPTER 16—INTERNATIONAL 
AGREEMENTS 
‘‘Sec. 
‘‘1601. Report required for negotiation of international agreements relating to 
copyright rights. 
‘‘§ 1601. Report required for negotiation of inter-
national agreements relating to copyright 
rights 
‘‘(a) REPORT REQUIRED BEFORE NEGOTIATION.— 
Not later than 60 days before the date on which the Presi-
dent or any official, employee, or agent of the United 
States initiates negotiation regarding any withdrawal, sus-
pension, 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 quali-
tative impact of the anticipated range of potential out-
comes of such negotiation on— 
‘‘(1) any copyright protected under this title; 
VerDate Sep 11 2014 
19:05 Nov 13, 2024
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H10103.IH
H10103
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(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 organi-
zation 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 (Pub-
lic Law 91–577; 7 U.S.C. 2561 et seq.) is amended by 
adding at the end the following: 
VerDate Sep 11 2014 
19:05 Nov 13, 2024
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H10103.IH
H10103
ssavage on LAPJG3WLY3PROD with BILLS
‘‘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 Presi-
dent or any official, employee, or agent of the United 
States initiates negotiation regarding any withdrawal, sus-
pension, 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 mere-
ly 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 quali-
tative impact of the anticipated range of potential out-
comes 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. 
VerDate Sep 11 2014 
19:05 Nov 13, 2024
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H10103.IH
H10103
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(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 organi-
zation 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 registra-
tion and protection of trademarks used in commerce, to 
carry out the provisions of certain international conven-
tions, and for other purposes’’, approved July 5, 1946 (15 
U.S.C. 1051 et seq.) (commonly referred to as the ‘‘Trade-
mark Act of 1946’’ or the ‘‘Lanham Act’’) is amended 
by adding at the end the following: 
‘‘SEC. 75. REPORT REQUIRED FOR NEGOTIATION OF INTER-
NATIONAL 
AGREEMENTS 
RELATING 
TO 
TRADEMARK RIGHTS. 
‘‘(a) REPORT REQUIRED BEFORE NEGOTIATION.— 
Not later than 60 days before the date on which the Presi-
dent or any official, employee, or agent of the United 
States initiates negotiation regarding any withdrawal, sus-
pension, 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 
VerDate Sep 11 2014 
19:05 Nov 13, 2024
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H10103.IH
H10103
ssavage on LAPJG3WLY3PROD with BILLS
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 quali-
tative impact of the anticipated range of potential out-
comes 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 organi-
zation 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 
VerDate Sep 11 2014 
19:05 Nov 13, 2024
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H10103.IH
H10103
ssavage on LAPJG3WLY3PROD with BILLS
(2) inserting after section 1838 the following: 
‘‘§ 1839. Report required for negotiation of inter-
national agreements relating to trade se-
cret rights 
‘‘(a) REPORT REQUIRED BEFORE NEGOTIATION.— 
Not later than 60 days before the date on which the Presi-
dent or any official, employee, or agent of the United 
States initiates negotiation regarding any withdrawal, sus-
pension, 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 mere-
ly 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 quali-
tative impact of the anticipated range of potential out-
comes of such negotiation on— 
‘‘(1) any trade secret protected under this chap-
ter; 
‘‘(2) any right of a United States person with 
respect to a trade secret; and 
VerDate Sep 11 2014 
19:05 Nov 13, 2024
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H10103.IH
H10103
ssavage on LAPJG3WLY3PROD with BILLS
‘‘(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 organi-
zation 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.’’. 
Æ 
VerDate Sep 11 2014 
19:05 Nov 13, 2024
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6301
E:\BILLS\H10103.IH
H10103
ssavage on LAPJG3WLY3PROD with BILLS