,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dgfc ,,in ,,the ,,house ,,of ,,representatives ,may #bi1 #bjad ,mr4 ,crdenas 7for himself and ,mr4 ,farenthold7 introduced the following bill2 which was referred to the ,committee on ,ways and ,means ,a ,,bill ,to amend the ,tariff ,act of #aicj with respect to requirements for domestic industries1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,trade ,protection ,not ,troll ,protection ,act4 #b4 ,unfair practices in import trade 7a7 ,in general ,section #ccg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accg7 is amended as follows3 7#a7 ,subsection 7a7 is amended-- 7,a7 in paragraph 7#c7-- 7i7 by striking or at the end of subparagraph 7,b72 7ii7 in subparagraph 7,c71 by striking engineering1 research and development1 or licensing4 and inserting engineering and research and development2 or2 and 7iii7 by adding after subparagraph 7,c7 the following3 7,d7 substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent1 copyright1 trademark1 mask work1 or design4 2 7,b7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7,c7 by inserting after paragraph 7#c7 and following3 7#d7 ,for purposes of paragraph 7#c71 the complainant may not rely upon activities by its licensees unless the license leads to the adoption and development of articles that incorporate the claimed patent1 copyright1 trademark1 mask work1 or design for sale in the ,united ,states4 4 7#b7 ,subsection 7b7 is amended by adding at the end the following3 7#d7 7,a7 ,whenever a complaint relies1 in whole or in part1 on activity falling under subparagraph 7,c7 or 7,d7 of subsection 7a77#c7 in order to meet the legal standard set forth in subsection 7a77#c71 the ,commission may not initiate an investigation until the ,commission has first conducted a preliminary investigation of whether it is likely that an industry in the ,united ,states exists or is in the process of being established within the meaning of subsection 7a77#b74 7,b7 ,in the preliminary investigation under subparagraph 7,a71 the complainant's case shall be limited to the assertions and evidence set forth in the complaint1 and confidential business information contained in the complaint that may be disclosed under protective order1 and the ,commission shall accept additional facts1 evidence1 and argument from named respondents and the public4 7,c7 ,the ,commission shall render its determination in the preliminary investigation under this paragraph not later than #de days after the filing of the complaint4 ,if the ,commission finds that it is not likely that an industry in the ,united ,states exists or is in the process of being established1 the ,commission may not initiate an investigation of the matter alleged in the complaint4 4 7#c7 ,subsection 7c7 is amended-- 7,a7 by striking the first sentence and inserting the following3 ,the ,commission shall determine1 with respect to each investigation conducted by it under this section1 whether or not there is a violation of this section1 except that the ,commission-- 7,a7 may1 by issuing a consent order or on the basis of an agreement between the private parties to the investigation1 including an agreement to present the matter for arbitration1 terminate any such investigation1 in whole or in part1 without making such a determination2 or 7,b7 7i7 may determine during the course of the investigation that the articles under investigation should not be excluded from entry based upon consideration of the public interest1 including the effect of such exclusion upon the public health and welfare1 competitive conditions in the ,united ,states economy1 the production of like or directly competitive articles in the ,united ,states1 ,united ,states consumers1 whether protected articles in the ,united ,states will be protected by an exclusion order1 and whether the complainant or its licensees can meet market demand for protected articles2 and 7ii7 upon a finding under clause 7i7 that the articles should not be excluded1 shall terminate the investigation1 in whole or in part1 without making any further determination4 2 7,b7 in the second sentence1 by striking ,each determination and inserting the following3 7#b7 ,each determination 2 and 7,c7 in the third sentence1 by striking equitable defenses and inserting equitable defenses1 including equitable defenses and principles applied to any remedy considered in ,united ,states district courts14 7#d7 ,subsection 7d77#a7 is amended-- 7,a7 by striking considering the effect of such exclusion upon the public health and welfare1 and inserting considering equitable defenses and principles and the effect of such exclusion upon the public interest1 including the public health and welfare12 and 7,b7 by striking and ,united ,states consumers1 and inserting ,united ,states consumers1 whether protected articles in the ,united ,states will be protected by an exclusion order1 and whether the complainant or its licensees can meet market demand for protected articles14 7#e7 ,subsection 7e77#a7 is amended-- 7,a7 by striking considering the effect of such exclusion upon the public health and welfare1 and inserting considering equitable defenses and principles and the effect of such exclusion upon the public interest1 including the public health and welfare12 and 7,b7 by striking and ,united ,states consumers1 and inserting ,united ,states consumers1 whether protected articles in the ,united ,states will be protected by an exclusion order1 and whether the complainant or its licensees can meet market demand for protected articles14 7#f7 ,subsection 7f77#a7 is amended-- 7,a7 by striking considering the effect of such exclusion upon the public health and welfare1 and inserting considering equitable defenses and principles and the effect of such exclusion upon the public interest1 including the public health and welfare12 and 7,b7 by striking and ,united ,states consumers1 and inserting ,united ,states consumers1 whether protected articles in the ,united ,states will be protected by an exclusion order1 and whether the complainant or its licensees can meet market demand for protected articles14 7#g7 ,subsection 7g77#a7 is amended1 in the matter following subparagraph 7,e7-- 7,a7 by striking considering the effect of such exclusion upon the public health and welfare1 and inserting considering equitable defenses and principles and the effect of such exclusion upon the public interest1 including the public health and welfare12 and 7,b7 by striking and ,united ,states consumers1 and inserting ,united ,states consumers1 whether protected articles in the ,united ,states will be protected by an exclusion order1 and whether the complainant or its licensees can meet market demand for protected articles14 7b7 ,effective date ,the amendments made by subsection 7a7 shall apply to complaints filed under section #ccg of the ,tariff ,act of #aicj on or after the date of the enactment of this ,act4