[Ip-health] USTR Chief Innovation and Intellectual Property Negotiator

Jamie Love james.love at keionline.org
Tue Aug 15 08:42:28 PDT 2017


​I missed this earlier, and I think it will be important, giving Senator
Hatch and other pharma hardliners more leverage.  ​


http://www.keionline.org/node/2852

In February 2016, the Trade Facilitation and Trade Enforcement Act of 2015
became law, as PL 114-125. Section 609 of the law created a new position in
USTR, the "Chief Innovation and Intellectual Property Negotiator." This
position creates a position for a presidential poltical appointee confirmed
by the Senate, with the rank of ambassador, replacing the current system
where the IP negotiators are civil servants, reporting to political
appointees. The new position is modeled after the chief agricultural
negotiator. (See section 611 from Senate Committee Report 114-45).

With the law going into effect in 2016, the Chief Innovation and
Intellectual Property Negotiator" was not filed by President Obama.
President Trump has yet to propose anyone for the job.

H. Rept. 114-376 - TRADE FACILITATION AND TRADE ENFORCEMENT ACT OF 2015
114th Congress (2015-2016)
https://www.congress.gov/congressional-report/114th-congress/house-repor...
https://www.congress.gov/bill/114th-congress/house-bill/644/text

Became Public Law No: 114-125.

SEC. 609. ESTABLISHMENT OF CHIEF INNOVATION AND INTELLECTUAL PROPERTY
NEGOTIATOR.

(a) In General.--Section 141 of the Trade Act of 1974 (19 U.S.C. 2171) is
amended--

(1) in subsection (b)(2)--

(A) by striking ``and one Chief Agricultural Negotiator'' and inserting ``,
one Chief Agricultural Negotiator, and one Chief Innovation and
Intellectual Property Negotiator,'';

(B) by striking ``or the Chief Agricultural Negotiator'' and inserting ``,
the Chief Agricultural Negotiator, or the Chief Innovation and Intellectual
Property Negotiator''; and

(C) by striking ``and the Chief Agricultural Negotiator'' and inserting ``,
the Chief Agricultural Negotiator, and the Chief Innovation and
Intellectual Property Negotiator''; and

(2) in subsection (c)--

(A) by moving paragraph (5) 2 ems to the left; and

(B) by adding at the end the following:

``(6) The principal functions of the Chief Innovation and Intellectual
Property Negotiator shall be to conduct trade negotiations and to enforce
trade agreements relating to United States intellectual property and to
take appropriate actions to address acts, policies, and practices of
foreign governments that have a significant adverse impact on the value of
United States innovation. The Chief Innovation and Intellectual Property
Negotiator shall be a vigorous advocate on behalf of United States
innovation and intellectual property interests. The Chief Innovation and
Intellectual Property Negotiator shall perform such other functions as the
United States Trade Representative may direct.''.

(b) Compensation.--Section 5314 of title 5, United States Code is amended
by striking ``Chief Agricultural Negotiator.'' and inserting the following:

``Chief Agricultural Negotiator, Office of the United States Trade
Representative.
``Chief Innovation and Intellectual Property Negotiator, Office of the
United States Trade Representative.''.

(c) <> Report Required.--Not later than one year after the appointment of
the first Chief Innovation and Intellectual Property Negotiator pursuant to
paragraph (2) of section 141(b) of the Trade Act of 1974, as amended by
subsection (a), and annually thereafter, the United States Trade
Representative shall submit to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of Representatives a report
describing in detail--

(1) <> enforcement actions taken by the Trade Representative during the
one-year period preceding the submission of the report to ensure the
protection of United States innovation and intellectual property interests;
and

(2) other actions taken by the Trade Representative to advance United
States innovation and intellectual property interests.

--
James Love.  Knowledge Ecology International
http://www.keionline.org/donate.html
KEI DC tel: +1.202.332.2670, US Mobile: +1.202.361.3040, Geneva Mobile:
+41.76.413.6584, twitter.com/jamie_love



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