Protect American IPR Act
This bill addresses the effects of violations of U.S. intellectual property rights in China or by Chinese persons. The bill directs the U.S. Trade Representative (USTR) to study the losses of revenue to holders of those rights. It directs the USTR to impose duties on merchandise from China in an amount equivalent to the annual loss of revenue to U.S. intellectual property rights holders reduced by the amount of tariffs collected for such violations.
Duties collected must be used to compensate U.S. intellectual property rights holders injured by such violations.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6128 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 6128
To direct the President to impose duties on merchandise from the
People's Republic of China to compensate holders of United States
intellectual property rights for losses resulting from violations of
such intellectual property rights in China, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 2, 2021
Mr. Gohmert (for himself, Mr. Crenshaw, Mr. Crawford, and Ms. Salazar)
introduced the following bill; which was referred to the Committee on
Ways and Means
_______________________________________________________________________
A BILL
To direct the President to impose duties on merchandise from the
People's Republic of China to compensate holders of United States
intellectual property rights for losses resulting from violations of
such intellectual property rights in China, 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 ``Protect American IPR Act''.
SEC. 2. STUDY AND REPORT ON VIOLATIONS OF UNITED STATES INTELLECTUAL
PROPERTY RIGHTS IN CHINA OR BY CHINESE PERSONS.
(a) Study.--The United States Trade Representative, in consultation
with the United States International Trade Commission, shall conduct an
annual study to determine the estimated annual loss of revenue to
holders of United States intellectual property rights as a result of
direct or indirect violations of such intellectual property rights in
the People's Republic of China or by any Chinese person, including
governmental entities of China, in the preceding calendar year.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, and annually thereafter, the United States Trade
Representative shall submit to Congress a report that contains the
results of the study conducted pursuant to subsection (a).
SEC. 3. IMPOSITION OF DUTIES ON MERCHANDISE FROM CHINA AND DISTRIBUTION
OF PROCEEDS OF SUCH DUTIES TO HOLDERS OF CERTAIN UNITED
STATES INTELLECTUAL PROPERTY RIGHTS.
Notwithstanding any other provision of law, the President, acting
through the United States Trade Representative, shall impose duties on
merchandise originating from China in an amount equivalent to--
(1) the estimated total loss of revenue to holders of
United States intellectual property rights as a result of
violations of such intellectual property rights in China during
the previous calendar year, as determined by the study
conducted pursuant to section 2(a), reduced by
(2) the total amount of any tariffs collected, pursuant to
section 301 of the Trade Act of 1974 (19 U.S.C. 2411) or any
other provision of law authorizing the President to act to
safeguard intellectual property rights, with respect to such
violations in such previous calendar year.
SEC. 4. COMPENSATION FOR LOSSES BORNE BY HOLDERS OF UNITED STATES
INTELLECTUAL PROPERTY RIGHTS.
(a) Establishment of Trust Fund.--There is established in the
Treasury of the United States a trust fund, to be known as the
``American IPR Trust Fund'' (in this section referred to as the ``Trust
Fund''), consisting of such amounts as may be deposited to the Trust
Fund pursuant to subsection (b) to be used, in accordance with
subsection (c), for the purpose of compensating the injury to holders
of United States intellectual property rights resulting from violations
of such intellectual property rights in China or by any Chinese person,
including governmental entities of China.
(b) Funding.--The Commissioner of U.S. Customs and Border Patrol
shall deposit into the Trust Fund any amounts collected from duties
imposed pursuant to section 3, which shall remain available until
expended for the purpose described in subsection (a).
(c) Distribution of Funds.--
(1) In general.--From amounts in the Trust Fund, the
Commissioner of U.S. Customs and Border Patrol shall make
payments annually to each person the Commissioner determines,
with respect to the preceding calendar year--
(A) was--
(i) if an individual, a citizen or legal
permanent resident of the United States; or
(ii) if an entity, organized under the laws
of the United States or any subdivision of the
United States;
(B) held the rights to intellectual property under
the laws of the United States; and
(C) can establish quantifiable losses resulting
from the violation, directly or indirectly, of such
rights in China or by any Chinese person, including
governmental entities of China, during such year.
(2) Maximum payment.--The Commissioner may not make a
payment under this subsection to any person for any year in an
amount that is greater than the amount of the loss described in
paragraph (1)(C) established with respect to such person in
such year.
(d) Consultation.--The Commissioner shall consult with the United
States Trade Representative and the Secretary of Commerce in issuing
such regulations as may be necessary to carry out this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line