International Intellectual Property Protection and Market Access Act of 1986

Summary

International Intellectual Property Protection and Market Access Act of 1986 - Title I: Actions to Increase International Intellectual Property Protection - Requires the U.S. Trade Representative (USTR) to publish annually: (1) a list of all foreign countries and instrumentalities that deny adequate and effective protection of intellectual property rights to U.S. persons; and (2) a list of the above countries that the USTR identifies as priority foreign countries. Sets forth factors for determining whether a country is a priority foreign country. Requires the President to enter into negotiations with priority foreign countries to establish protection for intellectual property rights for U.S. persons in such countries. Grants the President additional authority to enter into agreements with such countries that reduce or eliminate trade barriers and provide adequate and effective protection of intellectual property. Grants the President the authority to enter into compensation agreements in order to maintain the general level of reciprocal and mutually advantageous concessions. Requires the objectives of such negotiations to be to: (1) improve the protection of intellectual property by U.S. trading partners; (2) develop international rules on protection of intellectual property rights; and (3) press for early conclusion of the Anti-Counterfeiting Code on trademarks and for development and enforcement of substantive norms for the protection of all forms of intellectual property. Authorizes the President to exclude a country from such negotiations and remedial provisions if the negotiations would be unlikely to significantly advance, or would be detrimental to, U.S. economic interests. Requires any such agreement to be submitted to the Congress for approval. Requires the President, if the United States is unable to enter into an agreement with a priority foreign country within two years, to take some action, including but not limited to: (1) termination, withdrawal, or suspension of certain trade agreements; (2) increasing or imposing a duty on imports from such country; (3) proclaiming a tariff-rate quota on imports from such country; (4) modifying or imposing a quota on imports from such country; (5) suspending benefits accorded imports from such country under the Generalized System of Preferences; and (6) taking certain other actions under the Trade Act of 1974. Requires the President to impose trade measures that have an economic impact substantially equivalent to lost U.S. revenues resulting from inadequate and ineffectual intellectual property protection in such country. Authorizes the President to defer action for six months if the President certifies to the Congress that negotiations are making substantial progress. Requires the President to consult with interested parties, including members of the Congress, on such negotiations. Title II: Actions to Open Foreign Markets - Requires the USTR to publish annually: (1) a list of all foreign countries and instrumentalities that deny fair and equitable market access to U.S. companies that rely on intellectual property protection; and (2) a list of the above countries that the USTR identifies as priority foreign countries. Sets forth factors for determining whether a country is a priority foreign country. Requires the USTR, in determining whether a country denies such market access, to consider: (1) whether there are restrictions on investments by, or the establishment of, U.S. companies that rely on intellectual property protection in such country; (2) whether there are licensing or certification restrictions in such country that inhibit such U.S. companies from functioning freely; and (3) whether such U.S. companies suffer from discriminatory or monopolistic practices of such country's organizations. Requires the President to enter into negotiations with such priority foreign countries on agreements setting specific terms to provide U.S. companies that rely on intellectual property protection with fair and equitable market access in such countries. Grants the President additional authority to enter into trade agreements that reduce or eliminate trade barriers. Grants the President the authority to enter into compensation agreements in order to maintain the general level of reciprocal and mutually advantageous concessions. Requires the objectives of such market access negotiations to be to: (1) obtain agreements that provide U.S. companies that rely on intellectual property protection fair and equitable market access in all substantial foreign markets; and (2) prevent foreign barriers and restrictions on such U.S. companies from causing continued harm to such companies. Authorizes the USTR, upon consultation with interested U.S. companies, to exclude a specific sector and/or country from negotiations and remedial provisions if such negotiations would be detrimental to such companies. Requires any market access agreement to be submitted to the Congress for approval. Requires the President, if the United States is unable to enter into an agreement with a priority foreign country within two years, to take some action, including but not limited to: (1) termination, withdrawal, or suspension of certain trade agreements; (2) increasing or imposing a duty on imports from such country; (3) proclaiming a tariff-rate quota on imports from such coutry; (4) modifying or imposing a quota on imports from such country; (5) suspending benefits accorded imports from such country under the Generalized System of Preferences; and (6) taking certain other actions under the Trade Act of 1974. Requires the President to impose trade measures that have an economic impact substantially equivalent to lost U.S. revenues resulting from unfair and inequitable market access in such country. Authorizes the President to defer action for six months if the President certifies to the Congress that negotiations are making substantial progress. Requires the President to consult with interested parties, including members of the Congress, on such market access negotiations. Title III: Generalized System of Preferences - Amends the Trade Act of 1974 to require the President to terminate benefits previously extended to a country under the Generalized System of Preferences if such country is identified as having inadequate protection of intellectual property or inadequate market access unless the President certifies to the Congress that such country has taken substantial action toward providing intellectual property protection and market access for U.S. persons. Prohibits the President from granting tariff preferences to, or requires the President to remove tariff preferences from, an import which a court or Federal agency has determined infringes a patent, copyright, trademark, mask work, or trade secret. Title IV: Caribbean Basin Economic Recovery Act - Amends the Caribbean Basin Economic Recovery Act to require the USTR to exclude from benefits under such Act articles imported from countries that do not provide adequate and effective intellectual property protection or fair and equitable market access to U.S. persons, unless the President certifies to the Congress that such country has taken substantial action toward providing such protection and access for U.S. persons. Requires the value of benefits withdrawn by the USTR to have an economic impact substantially equivalent to lost U.S. revenues resulting from the denial of intellectual property protection or market access. Title V: Improvement of Enforcement of United States Rights - Establishes an Office of Enforcement within the Office of the U.S. Trade Representative to administer section 301 of the Trade Act of 1974 and the provisions of this Act. Authorizes appropriations for such Office. Title VI: Unfair Practices in Import Trade - Amends the Tariff Act of 1930 to declare that acts of importation into, or sale in, the United States of articles that infringe a valid U.S. patent, copyright, trademark, mask work, or trade secret are unfair and have the effect of destroying or substantially injuring a U.S. industry or impairing the establishment of such industry. Permits any person to petition the International Trade Commission (ITC) for the issuance of an order to exclude such articles, during its investigation, from entry into the United States. Sets forth: (1) civil penalties for violations under this Act; and (2) procedures for the modification or recission of an ITC order under this Act. Repeals a specified section of the Tariff Act of 1930 relating to the importation of products produced under a process covered by claims of an unexpired patent.

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• Introduced in Senate

  summary · EN · 12 May 1986

  Open at official source

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