IDENTIFICATION OF COUNTRIES THAT DENY PROTECTION OF INTELLECTUAL PROPERTY RIGHTS.

SEC. 313. IDENTIFICATION OF COUNTRIES THAT DENY PROTECTION OF INTELLECTUAL PROPERTY RIGHTS. Section 182 of the Trade Act of 1974 (19 U.S.C. 2242) is amended— (1) in subsection (b) by adding at the end the following: “(4) In identifying foreign countries under paragraphs (1) and (2) of subsection (a), the Trade Representative shall take into account— “(A) the history of intellectual property laws and practices of the foreign country, including any previous identification under subsection (a)(2), and “(B) the history of efforts of the United States, and the response of the foreign country, to achieve adequate and effective protection and enforcement of intellectual property rights.”; and 108 STAT. 4939 (2) in subsection (d)— (A) in paragraph (3) by amending the matter preceding subparagraph (A) to read as follows: “(3) 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 or related right, patent, trademark, mask work, trade secret, or plant breeder’s right, through the use of laws, procedures, practices, or regulations which— and (B) by adding at the end the following: “(4) A foreign country may be determined to deny adequate and effective protection of intellectual property rights, notwithstanding the tact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act.”; and (3) by adding at the end the following: “(g) Annual Report.—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.”.