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Congress, Intellectual Property, International

Wednesday, July 29, 2009

House Global Warming Chairman Edward Markey and ranking member James Sensenbrenner, who seldom agree on issues before their committee, will largely read from the same playbook at a hearing Wednesday intended to reinforce the importance of American intellectual property in conjunction with international climate change talks. The hearing comes as nations prepare for the UN Framework Convention on Climate Change in Copenhagen, Denmark, in December where negotiators will try to reach agreement on how to reduce greenhouse gas emissions. Lawmakers and the business community are working to make their views known to the Obama administration, and Sensenbrenner and Markey raised the issue during a trip to China with House Speaker Nancy Pelosi in May.

The House has repeatedly made clear that IP needs to be protected. The House voted overwhelmingly in June to establish U.S. policy in opposition to any climate change treaty that could harm IP rights as part of the Foreign Relations Authorization Act, and the State Department's appropriations bill includes text requiring the agency to certify robust IP protections. Cap-and-trade legislation that passed the House last month said IP rights are vital for R&D investment. Sensenbrenner wrote to Energy Secretary Steven Chu in April asking for details about the administration's position on IP rights for energy technology, and Chu responded in May. In the letter, Chu affirmed his belief in protecting IP but noted opportunities to develop technologies through shared research investments.

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