19 U.S.C. § 2242
By no later than the date that is 30 days after the date on which the annual report is submitted to Congressional committees under section 2241(b) of this title, the United States Trade Representative (hereafter in this section referred to as the "Trade Representative") shall identify-
to provide adequate and effective protection of intellectual property rights.
if information available to the Trade Representative indicates that such action is appropriate.
For purposes of this section-
The Trade Representative shall publish in the Federal Register a list of foreign countries identified under subsection (a) and shall make such revisions to the list as may be required by reason of action under subsection (c).
By no later than the date that is 30 days after the date on which the annual report is submitted to Congressional committees under section 2241(b) of this title, the Trade Representative shall identify any act, policy, or practice of Canada which-
For purposes of section 2412(b)(2)(A) of this title, an act, policy, or practice identified under this subsection shall be treated as an act, policy, or practice that is the basis for identification of a country under subsection (a)(2), unless the United States has already taken action pursuant to article 32.6 of the USMCA in response to such act, policy, or practice. In deciding whether to identify an act, policy, or practice under paragraph (1), the Trade Representative shall-
For purposes of this subsection, the term "cultural industries" means persons engaged in any of the following activities:
Not later than 90 days after the date on which the Trade Representative submits the National Trade Estimate under section 2241(b) of this title, 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 under subparagraph (A) with respect to each foreign country that-
An action plan developed under subparagraph (A) shall contain the benchmarks described in subparagraph (D) and be designed to assist the foreign country-
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, 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.
In this subsection, the term "priority watch list" means the priority watch list established by the Trade Representative pursuant to subsection (a).
Not later than 30 days after the date on which the Trade Representative submits the National Trade Estimate under section 2241(b) of this title, 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-
19 U.S.C. § 2242
EDITORIAL NOTES
AMENDMENTS2020-Subsec. (f)(1)(C). Pub. 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). Pub. 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). Pub. L. 114-125, §610(a), inserted ", trade secrets," after "copyrights".Subsecs. (g), (h). Pub. L. 114-125, §610(b)(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. (b)(2)(A). Pub. 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. (b)(4). Pub. L. 103-465, §313(1), added par. (4).Subsec. (d)(3). Pub. 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). Pub. L. 103-465, §313(2)(B), added par. (4).Subsec. (g). Pub. L. 103-465, §313(3), added subsec. (g).1993-Subsec. (f). Pub. L. 103-182 added subsec. (f).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116-113, title V, §506(b), 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(b) of Pub. L. 116-113 set out above, see section 4502 of this title.]
EFFECTIVE DATE OF 1999 AMENDMENTAmendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, §4731] of Pub. L. 106-113 set out as a note under section 1 of Title 35, Patents.
EFFECTIVE DATE OF 1994 AMENDMENTAmendment by Pub. 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 Pub. L. 103-465 set out as an Effective Date note under section 3581 of this title.
EFFECTIVE DATE OF 1993 AMENDMENTAmendment by Pub. 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 Pub. L. 103-182 formerly set out as an Effective Date note under former section 3461 of this title.
CONSTRUCTION OF 2016 AMENDMENT Pub. L. 114-125, title VI, §610(b)(3), Feb. 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 Pub. L. 114-125, title VI, §610(b)(2), Feb. 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 Pub. L. 101-189, div. A, title VIII, §852, Nov. 29, 1989, 103 Stat. 1517, as amended by Pub. 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 RIGHTSPub. 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."
- commerce
- The term "commerce" includes services associated with international trade.1 See References in Text note below.