Trade Protection Not Troll Protection Act - Amends the Tariff Act of 1930 to revise certain legal standards used to consider whether a domestic industry exists or is in the process of being established with respect to foreign countries that unlawfully import articles into the United States in violation of U.S. infringement laws.
Considers an industry to exist if there is in the United States substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design of protected articles.
Prohibits a complainant alleging a violation from relying upon activities by its licensees unless the license leads to such adoption and development.
Prescribes requirements with respect to U.S. International Trade Commission investigations of alleged violations.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4763 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 4763
To amend the Tariff Act of 1930 with respect to requirements for
domestic industries, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 29, 2014
Mr. Cardenas (for himself and Mr. Farenthold) introduced the following
bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Tariff Act of 1930 with respect to requirements for
domestic industries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Protection Not Troll
Protection Act''.
SEC. 2. UNFAIR PRACTICES IN IMPORT TRADE.
(a) In General.--Section 337 of the Tariff Act of 1930 (19 U.S.C.
1337) is amended as follows:
(1) Subsection (a) is amended--
(A) in paragraph (3)--
(i) by striking ``or'' at the end of
subparagraph (B);
(ii) in subparagraph (C), by striking
``engineering, research and development, or
licensing.'' and inserting ``engineering and
research and development; or''; and
(iii) by adding after subparagraph (C) the
following:
``(D) substantial investment in licensing activities that
leads to the adoption and development of articles that
incorporate the patent, copyright, trademark, mask work, or
design.'';
(B) by redesignating paragraph (4) as paragraph
(5); and
(C) by inserting after paragraph (3) and following:
``(4) For purposes of paragraph (3), the complainant may not rely
upon activities by its licensees unless the license leads to the
adoption and development of articles that incorporate the claimed
patent, copyright, trademark, mask work, or design for sale in the
United States.''.
(2) Subsection (b) is amended by adding at the end the
following:
``(4)(A) Whenever a complaint relies, in whole or in part,
on activity falling under subparagraph (C) or (D) of subsection
(a)(3) in order to meet the legal standard set forth in
subsection (a)(3), the Commission may not initiate an
investigation until the Commission has first conducted a
preliminary investigation of whether it is likely that an
industry in the United States exists or is in the process of
being established within the meaning of subsection (a)(2).
``(B) In the preliminary investigation under subparagraph
(A), the complainant's case shall be limited to the assertions
and evidence set forth in the complaint, and confidential
business information contained in the complaint that may be
disclosed under protective order, and the Commission shall
accept additional facts, evidence, and argument from named
respondents and the public.
``(C) The Commission shall render its determination in the
preliminary investigation under this paragraph not later than
45 days after the filing of the complaint. If the Commission
finds that it is not likely that an industry in the United
States exists or is in the process of being established, the
Commission may not initiate an investigation of the matter
alleged in the complaint.''.
(3) Subsection (c) is amended--
(A) by striking the first sentence and inserting
the following: ``The Commission shall determine, with
respect to each investigation conducted by it under
this section, whether or not there is a violation of
this section, except that the Commission--
``(A) may, by issuing a consent order or on the basis of an
agreement between the private parties to the investigation,
including an agreement to present the matter for arbitration,
terminate any such investigation, in whole or in part, without
making such a determination; or
``(B)(i) may determine during the course of the
investigation that the articles under investigation should not
be excluded from entry based upon consideration of the public
interest, including the effect of such exclusion upon the
public health and welfare, competitive conditions in the United
States economy, the production of like or directly competitive
articles in the United States, United States consumers, whether
protected articles in the United States will be protected by an
exclusion order, and whether the complainant or its licensees
can meet market demand for protected articles; and
``(ii) upon a finding under clause (i) that the articles
should not be excluded, shall terminate the investigation, in
whole or in part, without making any further determination.'';
(B) in the second sentence, by striking ``Each
determination'' and inserting the following:
``(2) Each determination''; and
(C) in the third sentence, by striking ``equitable
defenses'' and inserting ``equitable defenses,
including equitable defenses and principles applied to
any remedy considered in United States district
courts,''.
(4) Subsection (d)(1) is amended--
(A) by striking ``considering the effect of such
exclusion upon the public health and welfare,'' and
inserting ``considering equitable defenses and
principles and the effect of such exclusion upon the
public interest, including the public health and
welfare,''; and
(B) by striking ``and United States consumers,''
and inserting ``United States consumers, whether
protected articles in the United States will be
protected by an exclusion order, and whether the
complainant or its licensees can meet market demand for
protected articles,''.
(5) Subsection (e)(1) is amended--
(A) by striking ``considering the effect of such
exclusion upon the public health and welfare,'' and
inserting ``considering equitable defenses and
principles and the effect of such exclusion upon the
public interest, including the public health and
welfare,''; and
(B) by striking ``and United States consumers,''
and inserting ``United States consumers, whether
protected articles in the United States will be
protected by an exclusion order, and whether the
complainant or its licensees can meet market demand for
protected articles,''.
(6) Subsection (f)(1) is amended--
(A) by striking ``considering the effect of such
exclusion upon the public health and welfare,'' and
inserting ``considering equitable defenses and
principles and the effect of such exclusion upon the
public interest, including the public health and
welfare,''; and
(B) by striking ``and United States consumers,''
and inserting ``United States consumers, whether
protected articles in the United States will be
protected by an exclusion order, and whether the
complainant or its licensees can meet market demand for
protected articles,''.
(7) Subsection (g)(1) is amended, in the matter following
subparagraph (E)--
(A) by striking ``considering the effect of such
exclusion upon the public health and welfare,'' and
inserting ``considering equitable defenses and
principles and the effect of such exclusion upon the
public interest, including the public health and
welfare,''; and
(B) by striking ``and United States consumers,''
and inserting ``United States consumers, whether
protected articles in the United States will be
protected by an exclusion order, and whether the
complainant or its licensees can meet market demand for
protected articles,''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to complaints filed under section 337 of the Tariff Act of 1930
on or after the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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