Sec. 610. MEASURES RELATING TO COUNTRIES THAT DENY ADEQUATE PROTECTION FOR INTELLECTUAL PROPERTY RIGHTS
866 words·~4 min read·
/statute-compilations/comps-12452/sec-610A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 610 MEASURES RELATING TO COUNTRIES THAT DENY ADEQUATE PROTECTION FOR INTELLECTUAL PROPERTY RIGHTS ###
(a)Inclusion of Countries That Deny Adequate Protection of Trade Secrets 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”. ###
(b)Special Rules for Countries on the Priority Watch List of the United States Trade Representative ####
(1)In general Section 182 of the Trade Act of 1974 (19 U.S.C. 2242) is amended by striking subsection
(g)and inserting the following: > > ### “(g) Special Rules for Foreign Countries on the Priority Watch List > > > #### “(1) Action plans > > > ##### “(A) In general > > 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). > > > ##### “(B) Foreign country described > > The Trade Representative shall develop an action plan under subparagraph
(A)with respect to each foreign country that— > > > ###### “(i) > > the Trade Representative has identified for placement on the priority watch list; and > > > ###### “(ii) > > has remained on such list for at least one year. > > > ##### “(C) Action plan described > > An action plan developed under subparagraph
(A)shall contain the benchmarks described in subparagraph
(D)and be designed to assist the foreign country— > > > ###### “(i) > > to achieve— > > > ###### “(I) > > adequate and effective protection of intellectual property rights; and > > > ###### “(II) > > fair and equitable market access for United States persons that rely upon intellectual property protection; or > > > ###### “(ii) > > to make significant progress toward achieving the goals described in clause (i). > > > ##### “(D) Benchmarks described > > 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). > > > #### “(2) Failure to meet action plan benchmarks > > If, as of one 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. > > > #### “(3) Priority watch list defined > > In this subsection, the term ‘priority watch list’ means the priority watch list established by the Trade Representative pursuant to subsection (a). > > > ### “(h) Annual Report > > 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 submit 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— > > > #### “(1) > > a list of any foreign countries identified under subsection (a); > > > #### “(2) > > a description of progress made in achieving improved intellectual property protection and market access for persons relying on intellectual property rights; and > > > #### “(3) > > a description of the action plans developed under subsection
(g)and any actions taken by foreign countries under such plans.” > . ####
(2)Funding **[**[19 U.S.C. 2242 note](/us/usc/t19/s2242)**]** #####
(A)In general Amounts from the Trade Enforcement Trust Fund established under section 611 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, 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. ####
(3)Rule of construction **[**[19 U.S.C. 2242 note](/us/usc/t19/s2242)**]** Nothing in this subsection 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, 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.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 610
MEASURES RELATING TO COUNTRIES THAT DENY ADEQUATE PROTECTION FOR INTELLECTUAL PROPERTY RIGHTS
Cites 1Cited by 0 across 0 sources