109TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 1st Session 109–53

SUPPORTING THE GOALS OF WORLD INTELLECTUAL PROPERTY DAY, AND 

RECOGNIZING THE IMPORTANCE OF INTELLECTUAL PROPERTY IN THE 

UNITED STATES AND WORLDWIDE 

APRIL 26, 2005.—Referred to the House Calendar and ordered to be printed 

Mr. SENSENBRENNER, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H. Res. 210] 

[Including Committee Cost Estimate]

The Committee on the Judiciary, to whom was referred the resolution (H. Res. 210) supporting the goals of World Intellectual 

Property Day, and recognizing the importance of intellectual property in the United States and worldwide, having considered the 

same, report favorably thereon without amendment and recommend that the resolution be agreed to.

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 1

Background and Need for the Legislation ............................................................. 2

Hearings ................................................................................................................... 2

Committee Consideration ........................................................................................ 2

Vote of the Committee ............................................................................................. 2

Committee Oversight Findings ............................................................................... 2

New Budget Authority and Tax Expenditures ...................................................... 2

Committee Cost Estimate ....................................................................................... 2

Performance Goals and Objectives ......................................................................... 2

Constitutional Authority Statement ...................................................................... 3

Section-by-Section Analysis and Discussion .......................................................... 3

Changes in Existing Law Made by the Bill, as Reported ..................................... 3

Markup Transcript .................................................................................................. 3

PURPOSE AND SUMMARY

The purpose of H. Res. 210 is to congratulate the World Intellectual Property Organization (‘‘WIPO’’) for its work and to support 

the goals of ‘‘World Intellectual Property Day,’’ which include 

teaching the importance of intellectual property as a tool for economic, social, and cultural development. 

2 

BACKGROUND AND NEED FOR THE LEGISLATION

WIPO is considered the most important international organization for the promotion of intellectual property. Among other responsibilities, WIPO administers those treaties, such as the Berne and 

Paris conventions, that protect intellectual property globally. The 

United States is a WIPO member. 

Five years ago, WIPO member-states commemorated the founding of the organization by establishing ‘‘World Intellectual Property 

Day.’’ April 26, 1970, is the date on which the convention that created WIPO took effect. H. Res. 210 therefore commemorates the 

achievements of WIPO and its designation of April 26, 2005, as 

‘‘World Intellectual Property Day’’ for the current year. The United 

States is the world-leader in the development and export of intellectual property. 

HEARINGS

No hearings were held on H. Res. 210. 

COMMITTEE CONSIDERATION

On April 20, 2005, the Committee met in open session and ordered favorably reported the bill H. Res. 210 by voice vote, a 

quorum being present. 

VOTE OF THE COMMITTEE

In compliance with clause 3(b) of Rule XIII of the rules of the 

House of Representatives, the Committee notes that there were no 

recorded votes during consideration of H. Res. 210. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of Rule XIII of the Rules of the 

House of Representatives, the Committee reports that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of Rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new budgetary authority or increased tax expenditures. 

COMMITTEE COST ESTIMATE

In compliance with clause 3(d)(2) of Rule XIII of the Rules of the 

House of Representatives, the Committee believes that the bill will 

generate no cost for the current fiscal year 2005, and that the cost 

incurred in carrying out H. Res. 210 would be $0 for the next five 

fiscal years. 

PERFORMANCE GOALS AND OBJECTIVES

H. Res. 210 does not authorize funding. Therefore, clause 3(c)(4) 

of Rule XIII of the Rules of the House of Representatives is inapplicable. H. Res. 210 congratulates the World Intellectual Property 

3 

Organization (‘‘WIPO’’) for its work and expresses House support 

for the goals of ‘‘World Intellectual Property Day,’’ which include 

teaching the importance of intellectual property as a tool for economic, social, and cultural development. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to Rule XI, clause 2(1)(4) of the Rules of the House of 

Representatives, the Committee finds the authority for this legislation in Article I, section 8, clause 8 of the Constitution. 

SECTION-BY-SECTION ANALYSIS AND DISCUSSION

The resolution is not divided into sections. Rather, it contains 

nine prefatory clauses that highlight the importance of intellectual 

property to the U.S. balance of trade, economy, and cultural development. These clauses also note that April 26, 1970, is the date on 

which the Convention establishing WIPO took effect; and that the 

organization has designated April 26, 2005, as ‘‘World Intellectual 

Property Day.’’ 

The prefatory clauses are followed by a series of resolutions in 

which the House of Representatives supports the goals of World Intellectual Property Day; applauds the ongoing contributions of 

human creativity and intellectual property to growth and innovation; and recognizes that protecting intellectual property is critical 

to U.S. economic well-being. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of Rule XIII of the Rules of the 

House of Representatives, the Committee notes that H. Res. 210 

makes no changes to existing law. 

MARKUP TRANSCRIPT

BUSINESS MEETING 

WEDNESDAY, APRIL 20, 2005 

HOUSE OF REPRESENTATIVES, 

COMMITTEE ON THE JUDICIARY, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:04 a.m., in Room 

2141, Rayburn House Office Building, Hon. F. James Sensenbrenner, Jr. [Chairman of the Committee] presiding. 

Chairman SENSENBRENNER. The Committee will be in order. A 

working quorum is present. 

Pursuant to notice I call up House Resolution 210, supporting 

the goals of the World Intellectual Property Day, and recognizing 

the importance of intellectual property in the United States and 

worldwide for purposes of markup, and move its favorable recommendation to the House. Without objection, the resolution will 

be considered as read and open for amendment at any point. 

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Chairman SENSENBRENNER. Anybody wish to make an opening 

statement on either side? Without objection, all opening statements 

will appear in the record. 

[The prepared statement of Mr. Smith follows:] 

PREPARED STATEMENT OF THE HONORABLE LAMAR SMITH, A REPRESENTATIVE IN

CONGRESS FROM THE STATE OF TEXAS, AND CHAIRMAN, SUBCOMMITTEE ON

COURTS, THE INTERNET, AND INTELLECTUAL PROPERTY

The purpose of H. Res. 210 is to congratulate the World Intellectual Property Organization for its work and to support the goals of ‘‘World Intellectual Property 

Day,’’ which include teaching the importance of intellectual property as a tool for 

economic, social, and cultural development. 

WIPO is considered the most important international organization for the promotion of intellectual property. 

Among other responsibilities, WIPO administers those treaties, such as the Berne 

and Paris conventions, that protect intellectual property globally. The United States 

is a WIPO Member. 

Five years ago, WIPO member-states commemorated the founding of the organization by establishing ‘‘World Intellectual Property Day.’’ 

April 26, 1970, is the date on which the convention that created WIPO took effect. 

H. Res. 210 commemorates the achievements of WIPO and its designation of April 

26, 2005, as ‘‘World Intellectual Property Day’’ for the current year. 

I support the bill and I urge its adoption. 

I yield back the balance of my time. 

Chairman SENSENBRENNER. Are there amendments? Are there 

amendments? The gentleman from Virginia. 

Mr. SCOTT. Mr. Chairman, I have an amendment at the desk. 

Chairman SENSENBRENNER. This is to H. Res. 210? 

Mr. SCOTT. Oh, okay. [Laughter.] 

Chairman SENSENBRENNER. Are there amendments to H. Res. 

210 which relates to WIPO? 

If there are no amendments a reporting quorum is not present, 

and without objection the previous question is ordered on the motion to report House Resolution 210 favorably. A vote will be taken 

when a reporting quorum appears. 

[Intervening business.] 

Chairman SENSENBRENNER. A reporting quorum is present. The 

question occurs on the motion to report House Resolution 210 favorably, upon which the previous question has been ordered. Those 

in favor will say aye. 

Opposed, no. 

The ayes appear to have it. The ayes have it. The motion to report favorably is agreed to. Without objection, the staff is directed 

to make any technical and conforming changes. 

And all Members will be given 2 days as provided by the House 

rules in which to submit additional dissenting supplemental or minority views. 

[Intervening business.] 

Chairman SENSENBRENNER. The Committee stands adjourned. 

[Whereupon, at 12:23 p.m., the Committee was adjourned.] 

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