§3581 — Title 19 Customs Duties | U.S. Code

Summary

The United States wants to speed up putting the Trade-Related Aspects of Intellectual Property Rights agreement (TRIPS) into effect. It also wants other countries to pass and enforce stronger laws that go beyond TRIPS and the North American Free Trade Agreement. That includes making new bilateral and multilateral deals to protect new technologies and new ways of sending or distributing works, and stopping unfair treatment in how intellectual property is made available, acquired, kept, used, or enforced. The United States also wants fair, equal market access for people and businesses that depend on intellectual property. It aims to play an active role in the World Trade Organization on intellectual property rules and in the World Intellectual Property Organization so the two groups work together and match U.S. goals.

Title 19, §3581

Customs Duties — Source: USLM XML via OLRC

It is the objective of the United States—

(1)to accelerate the implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 3511(d)(15) of this title,

(2)to seek enactment and effective implementation by foreign countries of laws to protect and enforce intellectual property rights that supplement and strengthen the standards of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 3511(d)(15) of this title and the North American Free Trade Agreement and, in particular—

(A)to conclude bilateral and multilateral agreements that create obligations to protect and enforce intellectual property rights that cover new and emerging technologies and new methods of transmission and distribution, and

(B)to prevent or eliminate discrimination with respect to matters affecting the availability, acquisition, scope, maintenance, use, and enforcement of intellectual property rights,

(3)to secure fair, equitable, and nondiscriminatory market access opportunities for United States persons that rely upon intellectual property protection,

(4)to take an active role in the development of the intellectual property regime under the World Trade Organization to ensure that it is consistent with other United States objectives, and

(5)to take an active role in the World Intellectual Property Organization (WIPO) to develop a cooperative and mutually supportive relationship between the World Trade Organization and WIPO.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 103–465, title III, § 316, Dec. 8, 1994, 108 Stat. 4943, provided that: “(a) In General.—Except as provided in subsection (b), this subtitle [subtitle B (§§ 311–316) of title III of Pub. L. 103–465, enacting this section and amending section 2241, 2242, 2411, 2414, 2416, and 2420 of this title] and the

Amendments

made by this subtitle take effect on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995]. “(b) section 314(f).—The amendment made by section 314(f) [amending section 2420 of this title] takes effect on the date of the enactment of this Act [Dec. 8, 1994].”

§3581 Objectives in intellectual property