Over time, IPR protection and enforcement have come to the forefront as a key international trade issue for the United States—largely due to the role of intellectual property in an innovative U.S. economy and competitive advantage—and figure prominently in the multilateral trade policy arena and in regional and bilateral U.S. free trade agreements (FTAs). Congress has legislative, oversight, and appropriations responsibilities related to IPR and trade policy. This report discusses the different types of IPR and IPR infringement; the role of IPR in the U.S. economy; estimated losses associated with IPR infringement; the organizational structure of IPR protection and U.S. trade policy; and issues for Congress regarding IPR and international trade. IPR Definitions

		Types of IPR

IPR are legal rights granted by governments to encourage innovation and creative output. They ensure that creators reap the benefits of their inventions or works and may take forms such as patents, trade secrets, copyrights, trademarks, or geographical indications. Although the World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) provides minimum standards for IPR protections, such rights are granted on a national basis and are, in general, enforceable only in the country in which they are granted. U.S. economic impact . Sources of data. U.S. Trade Promotion Authority and Negotiating Objectives

On June 29, 2015, President Obama signed the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, also known as Trade Promotion Authority (TPA). The objectives include
Furthering adequate and effective protection of IPR through accelerated full implementation of the TRIPS Agreement and by ensuring FTAs negotiated by the United States "reflect a standard of protection similar to that found in U.S. law"; Protecting IPR related to new technologies and new methods of transmission and distribution in a manner that "facilitates legitimate trade"; Eliminating discriminatory treatment in the use and enforcement of IPR; Ensuring adequate rights holder protection through digital rights management practices; Providing strong enforcement of IPR; Negotiating the prevention and elimination of government involvement in violations of IPR such as cybertheft or piracy (a related protection of trade secrets and proprietary information collected by governments in the furtherance of regulations was contained in the negotiating objective on regulatory coherence); and Reaffirming the Doha Declaration on the TRIPS Agreement and Public Health, with additional language to "ensure that trade agreements foster innovation and access to medicine"—an objective that did not specifically refer to the patent protection provisions found in the May 10, 2007, Bipartisan Trade Agreement (discussed above), and where the added language seemingly could have been used to justify including or excluding those provisions in future FTAs. To date, the United States has entered into 14 FTAs with 20 countries. Stakeholders on both sides could raise issues about how to balance IPR protection and enforcement with other public policy goals, such as access to medicines in poor or developing countries and the free flow of information. New and Evolving Issues

U.S. trade policy also increasingly is focused on addressing new and evolving issues in international IPR protection and enforcement. The IPR landscape is changing, both due to the growing role of emerging markets in the global marketplace and the increased level of international trade taking place in the digital environment. U.S. Trade Law

		Special 301

Section 301 of the Trade Act of 1974 ( P.L. The 1988 Omnibus Trade and Competitiveness Act ( P.L. However, placement on one of the lists is country-specific and takes into consideration a host of factors, including the level and scope of the country's IPR infringement and their impact on the U.S. economy, the strength of the country's IPR laws and enforcement of IPR laws, progress made by the country in improving IPR protection and enforcement in the past year, and the sincerity of the country's commitment to multilateral and bilateral trade agreements. The U.S. International Trade Commission (ITC) administers section 337 proceedings. Generalized System of Preferences

The Generalized System of Preferences (GSP) is a program that provides preferential duty-free entry to certain products from designated developing countries. U.S. Efforts to Promote IPR Through Trade Policy

Since the inclusion of IPR provisions in NAFTA and the TRIPS Agreement, IPR protection and enforcement have been major U.S. trade policy negotiating objectives. Beyond this, Congress could explore other options for advancing U.S. IPR trade policy objectives in emerging economies, including in the following areas: 
U.S. FTA negotiations. The TPP and T-TIP negotiations are intended to help shape global rules addressing challenges in third countries, such as with respect to localization barriers to trade—issues relevant to emerging economies. Congress may also examine the enforcement of U.S. IPR through existing trade agreements, as well as the effectiveness of U.S. trade policy tools such as Special 301. Currently, the USTR is leading free trade agreement negotiations for the United States for the proposed Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (T-TIP), among other negotiations. Office of the U.S.
This report provides background on intellectual property rights (IPR) and discusses the role of U.S. international trade policy in enhancing IPR protection and enforcement abroad. IPR are legal rights granted by governments to encourage innovation and creative output by ensuring that creators reap the benefits of their inventions or works. They may take forms such as patents, trade secrets, copyrights, trademarks, or geographical indications. Congress has constitutional responsibility for legislating and overseeing IPR and international trade policy. Responsibility for developing IPR policy, engaging in IPR-related international negotiations, and enforcing IPR laws cuts across multiple U.S. government agencies.
The protection and enforcement of IPR is an important and longstanding component of U.S. international trade policy and U.S. trade negotiating objectives. U.S. trade policy also seeks to address new and evolving issues in the IPR landscape related to the growing role of emerging markets in the global market place and the increased level of digital trade.
Since the North American Free Trade Agreement (NAFTA) and the 1995 World Trade Organization (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) at the, trade policy has been used to advance IPR rules internationally. The TRIPS Agreement set minimum standards for IPR protection and enforcement. The United States engages in efforts with other trading partners to build on the TRIPS Agreement, particularly through the negotiation of regional and bilateral free trade agreements (FTAs). To date, the United States has entered into 14 FTAs with 20 countries, which generally include IPR commitments exceeding obligations under the TRIPS Agreement ("TRIPS-plus"). IPR issues are prominent in the ongoing U.S. FTA negotiations of the proposed Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (T-TIP). On June 29, 2015, President Obama signed the Bipartisan Trade Promotion and Accountability Act (P.L. 114-26), known as Trade Promotion Authority (TPA), setting forth negotiating objectives on IPR. Many of these objectives are to seek to negotiate TRIPS-plus provisions in U.S. FTAs.
Other trade policy tools also are available to advance U.S. international IPR objectives. Pursuant to Section 182 of the Trade Act of 1974 as amended (P.L. 93-618), the Office of the U.S. Trade Representative (USTR) identifies countries providing inadequate IPR protection in its annual "Special 301" report. Section 337 of the amended Tariff Act of 1930 authorizes the U.S. International Trade Commission (ITC) to prohibit U.S. imports that infringe on U.S. IPR. Additionally, under the Generalized System of Preferences (GSP), the United States may consider a developing country's IPR policies and practices as a basis for offering or suspending preferential duty-free entry to certain products from the country.
IPR issues related to international trade policy may figure prominently in the 114th congressional agenda. Congress may:
examine the role of IPR in U.S. trade policy, including the implications of IPR trade negotiating objectives in Trade Promotion Authority (TPA); conduct oversight of implementation of the IPR commitments in existing trade agreements, as well as in the current U.S. trade negotiations on TPP and T-TIP; conduct oversight of the role of IPR in U.S. economic growth and innovation, and how the protection and enforcement of IPR relates to other public policy goals, such as access to medicines in poor or developing countries and the free flow of data; consider the possibility of additional policy options to address IPR concerns in emerging economies that are not a part of existing U.S. FTAs or included in current U.S. FTA negotiations, as well as new and evolving IPR issues, such as with respect to indigenous innovation, "forced" localization barriers to trade, and trade secret theft through cybercrime; and examine the effectiveness of the current U.S. coordinating structure and the adequacy of current federal resources for promoting international IPR support.