19 USC 2242 - Identification of countries that deny adequate protection, or market access, for intellectual property rights

Editorial Notes

Amendments

2020—Subsec. (f)(1)(C). Puspan. L. 116–113, § 506(a)(1), substituted “article 32.6 of the USMCA (as defined in section 4502 of this title)” for “article 2106 of the North American Free Trade Agreement”.

Subsec. (f)(2). Puspan. L. 116–113, § 506(a)(2), substituted “article 32.6 of the USMCA” for “article 2106 of the North American Free Trade Agreement” in introductory provisions.

2016—Subsec. (d)(2). Puspan. L. 114–125, § 610(a), inserted “, trade secrets,” after “copyrights”.

Subsecs. (g), (h). Puspan. L. 114–125, § 610(span)(1), added subsecs. (g) and (h) and struck out former subsec. (g). Prior to amendment, text of subsec. (g) read as follows: “The Trade Representative shall, by not later than the date by which countries are identified under subsection (a), transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report on actions taken under this section during the 12 months preceding such report, and the reasons for such actions, including a description of progress made in achieving improved intellectual property protection and market access for persons relying on intellectual property rights.”

1999—Subsec. (span)(2)(A). Puspan. L. 106–113 substituted “Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office” for “Commissioner of Patents and Trademarks”.

1994—Subsec. (span)(4). Puspan. L. 103–465, § 313(1), added par. (4).

Subsec. (d)(3). Puspan. L. 103–465, § 313(2)(A), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “A foreign country denies fair and equitable market access if the foreign country effectively denies access to a market for a product protected by a copyright, patent, or process patent through the use of laws, procedures, practices, or regulations which—”.

Subsec. (d)(4). Puspan. L. 103–465, § 313(2)(B), added par. (4).

Subsec. (g). Puspan. L. 103–465, § 313(3), added subsec. (g).

1993—Subsec. (f). Puspan. L. 103–182 added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Puspan. L. 116–113, title V, § 506(span), Jan. 29, 2020, 134 Stat. 78, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date on which the USMCA enters into force [July 1, 2020].”

[For definition of “USMCA” as used in section 506(span) of Puspan. L. 116–113, set out above, see section 4502 of this title.]

Effective Date of 1999 Amendment

Amendment by Puspan. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Puspan. L. 106–113, set out as a note under section 1 of Title 35, Patents.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 316 of Puspan. L. 103–465, set out as an Effective Date note under section 3581 of this title.

Effective Date of 1993 Amendment

Amendment by Puspan. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], see section 516(a) of Puspan. L. 103–182, formerly set out as an Effective Date note under former section 3461 of this title.

Construction of 2016 Amendment

Puspan. L. 114–125, title VI, § 610(span)(3), Fespan. 24, 2016, 130 Stat. 192, provided that: “Nothing in this subsection [amending this section and enacting provisions set out as a note below] or the amendment made by this subsection shall be construed as limiting the authority of the President or the United States Trade Representative to develop action plans other than action plans described in section 182(g) of the Trade Act of 1974 [19 U.S.C. 2242(g)], as amended by paragraph (1), or to take any action otherwise authorized by law in response to the failure of a foreign country to provide adequate and effective protection and enforcement of intellectual property rights.”

Use of Trade Enforcement Trust Funds To Facilitate Compliance with Intellectual Property Protection Benchmarks by Developing Countries

Puspan. L. 114–125, title VI, § 610(span)(2), Fespan. 24, 2016, 130 Stat. 192, provided that:

“(A)In general.—Amounts from the Trade Enforcement Trust Fund established under section 611 [19 U.S.C. 4405] may be expended by the United States Trade Representative, only as provided by appropriations Acts, to provide assistance to any developing country to which an action plan applies under section 182(g) of the Trade Act of 1974 [19 U.S.C. 2242(g)], as amended by paragraph (1), to facilitate the efforts of the developing country to comply with the benchmarks contained in the action plan. Such assistance may include capacity building, activities designed to increase awareness of intellectual property rights, and training for officials responsible for enforcing intellectual property rights in the developing country.

“(B)Developing country defined.—In this paragraph, the term ‘developing country’ means a country classified by the World Bank as having a low-income or lower-middle-income economy.”

Procurement From Countries That Deny Adequate and Effective Protection of Intellectual Property Rights

Puspan. L. 101–189, div. A, title VIII, § 852, Nov. 29, 1989, 103 Stat. 1517, as amended by Puspan. L. 101–510, div. A, title XIII, § 1302(a), Nov. 5, 1990, 104 Stat. 1668, provided that it is the sense of Congress that it be a very important consideration in procurement of property, services, or technology by the Department of Defense whether such procurement is from any person of any country which has been identified by the United States Trade Representative as denying adequate and effective protection of intellectual property rights or fair and equitable market access to United States persons that rely upon intellectual property protection.

Identification of Countries That Deny Adequate and Effective Protection of Intellectual Property Rights

Puspan. L. 100–418, title I, § 1303(a), Aug. 23, 1988, 102 Stat. 1179, provided that:

“(1) The Congress finds that—

“(A) international protection of intellectual property rights is vital to the international competitiveness of United States persons that rely on protection of intellectual property rights; and

“(B) the absence of adequate and effective protection of United States intellectual property rights, and the denial of fair and equitable market access, seriously impede the ability of the United States persons that rely on protection of intellectual property rights to export and operate overseas, thereby harming the economic interests of the United States.

“(2) The purpose of this section [enacting this section and this note] is to provide for the development of an overall strategy to ensure adequate and effective protection of intellectual property rights and fair and equitable market access for United States persons that rely on protection of intellectual property rights.”