II

105TH CONGRESS

2D SESSION S. 1727

To authorize the comprehensive independent study of the effects on trademark

and intellectual property rights holders of adding new generic top-level

domains and related dispute resolution procedures.

IN THE SENATE OF THE UNITED STATES

MARCH 6, 1998

Mr. LEAHY introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To authorize the comprehensive independent study of the

effects on trademark and intellectual property rights

holders of adding new generic top-level domains and related dispute resolution procedures.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. STUDY OF EFFECTS ON TRADEMARKS AND IN4 TELLECTUAL PROPERTY RIGHTS OF ADDING

5 GENERIC TOP-LEVEL DOMAINS.

6 (a) STUDY BY NATIONAL RESEARCH COUNCIL.—Not

7 later than 60 days after the date of enactment of this Act,

8 the Secretary of Commerce, acting through the Assistant
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1 Secretary of Commerce and Commissioner of Patents and

2 Trademarks, shall request the National Research Council

3 of the National Academy of Sciences to conduct a com4 prehensive study, taking into account the diverse needs of

5 Internet users, of the short-term and long-term effects on

6 trademark and intellectual property rights holders of add7 ing new generic top-level domains and related dispute res8 olution procedures.

9 (b) MATTERS TO BE ASSESSED IN STUDY.—The

10 study shall assess and, as appropriate, make recommenda11 tions for policy, practice, or legislative changes relating

12 to—

13 (1) the short-term and long-term effects on the

14 protection of trademark and intellectual property

15 rights and consumer interests of increasing or de16 creasing the number of generic top-level domains;

17 (2) trademark and intellectual property rights

18 clearance processes for domain names, including—

19 (A) whether domain name databases

20 should be readily searchable through a common

21 interface to facilitate the clearing of trademarks

22 and intellectual property rights and proposed

23 domain names across a range of generic top24 level domains;
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1 (B) the identification of what information

2 from domain name databases should be acces3 sible for the clearing of trademarks and intellec4 tual property rights; and

5 (C) whether generic top-level domain reg6 istrants should be required to provide certain

7 information;

8 (3) domain name trademark and intellectual

9 property rights dispute resolution mechanisms, in10 cluding how to—

11 (A) reduce trademark and intellectual

12 property rights conflicts associated with the ad13 dition of any new generic top-level domains; and

14 (B) reduce trademark and intellectual

15 property rights conflicts through new technical

16 approaches to Internet addressing;

17 (4) choice of law or jurisdiction for resolution

18 of trademark and intellectual property rights dis19 putes relating to domain names, including which ju20 risdictions should be available for trademark and in21 tellectual property rights owners to file suit to pro22 tect such trademarks and intellectual property

23 rights;
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1 (5) trademark and intellectual property rights

2 infringement liability for registrars, registries, or

3 technical management bodies; and

4 (6) short-term and long-term technical and pol5 icy options for Internet addressing schemes and the

6 impact of such options on current trademark and in7 tellectual property rights issues.

8 (c) COOPERATION WITH STUDY.—

9 (1) INTERAGENCY COOPERATION.—The Sec10 retary of Commerce shall—

11 (A) direct the Patent and Trademark Of12 fice, the National Telecommunications and In13 formation Administration, and other Depart14 ment of Commerce entities to cooperate fully

15 with the National Research Council in its activi16 ties in carrying out the study under this sec17 tion; and

18 (B) request all other appropriate Federal

19 departments, Federal agencies, Government

20 contractors, and similar entities to provide simi21 lar cooperation to the National Research Coun22 cil.

23 (2) PRIVATE CORPORATION COOPERATION.—

24 The Secretary of Commerce shall request that any

25 private, not-for-profit corporation established to
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1 manage the Internet root server system and the top2 level domain names provide similar cooperation to

3 the National Research Council.

4 (d) REPORT.—

5 (1) IN GENERAL.—Not later than 12 months

6 after the date of enactment of this Act, the National

7 Research Council shall complete the study under this

8 section and submit a report on the study to the Sec9 retary of Commerce. The report shall set forth the

10 findings, conclusions, and recommendations of the

11 Council concerning the effects of adding new generic

12 top-level domains and related dispute resolution pro13 cedures on trademark and intellectual property

14 rights holders.

15 (2) SUBMISSION TO CONGRESSIONAL COMMIT16 TEES.—Not later than 30 days after the date on

17 which the report is submitted to the Secretary of

18 Commerce, the Secretary shall submit the report to

19 the Committees on the Judiciary of the Senate and

20 House of Representatives.

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated $800,000 for the study con23 ducted under this Act.

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