A bill to amend the Tariff Act of 1930 to improve protection of intellectual property rights.
Amends the Tariff Act of 1930 to make unlawful (and therefore subject to remedies for unfair trade practices) the importation into or sale within the United States, if a related industry exists in the United States or is being established, of articles that: (1) infringe a U.S. patent or copyright or are produced by a process covered by a U.S. patent; or (2) infringe a trademark. Makes it unlawful to import a semiconductor chip product in a manner that constitutes infringement of a registered mask work. Sets forth the manner of determining whether a U.S. industry exists.
Authorizes the International Trade Commission (ITC) to terminate an investigation into unfair practices in the import trade by issuing a consent order or on the basis of a settlement agreement.
Authorizes a complainant to petition the ITC to issue an order for the exclusion of certain articles during an investigation into unfair practices in the import trade. Sets forth the timetable for action by the ITC. Authorizes the ITC to grant preliminary relief with respect to violations involving intellectual property. Provides that the ITC may issue cease and desist orders in addition to or in lieu of exclusionary orders. Increases the penalty for violations of such orders.
Requires the ITC to presume the facts alleged in the complaint are true and to issue, upon request, an exclusion from entry or a cease and desist order or both under certain circumstances. Authorizes the ITC to prescribe sanctions for abuse of discovery and abuse of process.
Authorizes the ITC to order the forfeiture of an article imported in violation of the import trade practices section if: (1) the importer had previously attempted to import the article; (2) the article was previously denied entry into the United States; and (3) upon such previous denial of entry the Secretary of the Treasury had provided the importer with a specified written notice.
Provides that a person who has been previously found to be in violation of the provisions relating to unfair import practices may petition the ITC for a finding that such person is no longer in violation of such provisions or for a modification or rescission of an exclusion.
Excludes intellectual property imported by or for the United States from certain exclusion orders.
Provides for the protection of the confidentiality of information submitted to the ITC or exchanged among the parties in cases involving unfair import practices.
Read twice and referred to the Committee on Finance.