Sec. 512. Measures relating to countries that deny adequate protection for intellectual property rights
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Section 182(d)(2) of the Trade Act of 1974 ( 19 U.S.C. 2242(d)(2) ) is amended by inserting , trade secrets, after copyrights . Section 182 of the Trade Act of 1974 ( 19 U.S.C. 2242 ) is amended by striking subsection
(g)and inserting the following: Not later than 90 days after the date on which the Trade Representative submits the National Trade Estimate under section 181(b), the Trade Representative shall develop an action plan described in subparagraph
(C)with respect to each foreign country described in subparagraph (B). The Trade Representative shall develop an action plan pursuant to subparagraph
(A)with respect to each foreign country that— the Trade Representative has identified for placement on the priority watch list; and has remained on such list for at least 1 year. An action plan developed pursuant to subparagraph
(A)shall contain the benchmarks described in subparagraph
(D)and be designed to assist the foreign country— to achieve— adequate and effective protection of intellectual property rights; and fair and equitable market access for United States persons that rely upon intellectual property protection; or to make significant progress toward achieving the goals described in clause (i). The benchmarks contained in an action plan developed pursuant to subparagraph
(A)are such legislative, institutional, enforcement, or other actions as the Trade Representative determines to be necessary for the foreign country to achieve the goals described in clause
(i)or
(ii)of subparagraph (C). If, 1 year after the date on which an action plan is developed under paragraph (1)(A), the President, in consultation with the Trade Representative, determines that the foreign country to which the action plan applies has not substantially complied with the benchmarks described in paragraph (1)(D), the President may take appropriate action with respect to the foreign country. In this subsection, the term priority watch list means the priority watch list established by the Trade Representative. Not later than 30 days after the date on which the Trade Representative submits the National Trade Estimate under section 181(b), the Trade Representative shall 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— any foreign countries identified under subsection (a); a description of progress made in achieving improved intellectual property protection and market access for persons relying on intellectual property rights; and a description of the action plans developed under subsection
(g)and any actions taken by foreign countries under such plans. . There are authorized to be appropriated to the Office of the United States Trade Representative such sums as may be necessary to provide assistance to any developing country to which an action plan applies under section 182(g) of the Trade Act of 1974, 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. 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. Nothing in 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, 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.
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Sec. 512
Measures relating to countries that deny adequate protection for intellectual property rights
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