Hatch, Nelson Push for Strong Copyright Protections in NAFTA, Trade Agreements

Senators Highlight Importance of Intellectual Property Rights for Innovation and Growth

WASHINGTON – Senate Finance Committee Chairman Orrin Hatch (R-Utah) and Senate Finance Committee Member Bill Nelson (D-Fla.) today urged U.S. Trade Representative (USTR) Robert Lighthizer to ensure that U.S. trade agreements include strong copyright provisions, noting that robust and enforceable intellectual property protections are essential to American innovation and economic growth.

“Without adequate global safeguards to combat the growing international incidence of counterfeit goods and intellectual property theft, the strength and vitality of America’s most creative and innovative sectors diminishes,” the senators wrote in a letter. “In addition, a variety of downstream supportive sectors – for example, logistics, publishing, recreation, and retail – are harmed.”

In particular, the senators pressed USTR to include strong copyright provisions in the North American Free Trade Agreement (NAFTA), which is currently being updated to meet the demands of the modern economy.

“In the context of both existing and future trade agreements, the administration must ensure that copyright laws abroad strengthen, rather than create exceptions to, protections for America’s creators and innovators,” the senators continued. “We therefore urge you to make strong and enforceable protections for creative works a priority in any negotiation with our trading partners, including ongoing negotiations to modernize the North American Free Trade Agreement.”

The Senate Finance Committee, the committee with the largest jurisdiction in either House of Congress, has jurisdiction over international trade and held a hearing on the administration’s trade agenda last month.

The letter can be found here and below:

Dear Ambassador Lighthizer,

We write in support of the inclusion of strong copyright protections and enforcement provisions in U.S. trade agreements. Our country’s creative and innovative industries contribute substantially to the U.S. economy, and the American creators and innovators at the heart of those contributions rely on the vigorous protection and enforcement of their intellectual property rights both at home and abroad.

Millions of Americans in a variety of industries – including movie, music, publishing, software, and television – depend on longstanding U.S. copyright laws to transform new and creative ideas into innovative products and services. These products and services benefit consumers and enrich people’s lives in countless ways. The commercialization and subsequent widespread accessibility of such products and services, however, cannot occur absent robust and reliable copyright protections and practices.

Similarly, America’s creators and innovators cannot export their products and services to new global markets absent equally strong protections for intellectual property rights abroad. Without adequate global safeguards to combat the growing international incidence of counterfeit goods and intellectual property theft, the strength and vitality of America’s most creative and innovative sectors diminishes. In addition, a variety of downstream supportive sectors – for example, logistics, publishing, recreation, and retail – are harmed.

In the context of both existing and future trade agreements, the administration must ensure that copyright laws abroad strengthen, rather than create exceptions to, protections for America’s creators and innovators. We therefore urge you to make strong and enforceable protections for creative works a priority in any negotiation with our trading partners, including ongoing negotiations to modernize the North American Free Trade Agreement. We look forward to continuing to work with you to promote and protect America’s creative works around the world.

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