I 
109TH CONGRESS 
1ST SESSION H. R. 3372 
To improve and promote compliance with international intellectual property 
obligations and to defend United States intellectual property interests 
from suspension of benefits abroad, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 21, 2005 
Mr. FLAKE (for himself and Mr. DELAHUNT) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committee on Ways and Means, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To improve and promote compliance with international intel-
lectual property obligations and to defend United States 
intellectual property interests from suspension of benefits 
abroad, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘United States Trade-
mark Defense Act of 2005’’.
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Trademarks and trade names are vital as-
sets of the many United States businesses that en-
gage in international trade. 
(2) Worldwide sales of branded products of 
United States businesses contribute in important 
ways to the livelihood of American workers and the 
well-being and continued healthy growth of numer-
ous United States businesses. These sales depend, in 
turn, on the protection that other countries afford to 
the trademarks and trade names of United States 
businesses under treaties and international agree-
ments. 
(3) Among such treaties and agreements are 
the Agreement on Trade-Related Aspects of Intellec-
tual Property Rights (TRIPS) of the World Trade 
Organization (WTO), the Paris Convention for the 
Protection of Industrial Property, and the General 
Inter-American Convention for Trade Mark and 
Commercial Protection. 
(4) The United States should ensure that the 
trademark and trade names of United States busi-
nesses continue to be protected abroad by working 
to ensure that other countries comply with their obli-
gations under intellectual property rights treaties 
and agreements. At the same time, the United 
States should adhere to its obligations under such 
treaties and agreements. 
(5) Hundreds of United States businesses have 
registered their trademarks in Cuba in order to en-
sure the exclusive right to use those trademarks 
when the United States trade embargo on that coun-
try is lifted. Indeed, following the enactment of the 
Trade Sanctions Reform and Export Enhancement 
Act of 2000, many United States businesses are al-
ready exporting branded food products to Cuba. 
(6) The United States District Court for the 
Southern District of New York ruled that section 
211 of the Department of Commerce and Related 
Agencies Appropriations Act, 1999 (as contained in 
section 101(b) of division A of Public Law 105–277; 
112 Stat. 2681–88) abrogates, with respect to Cuba, 
the General Inter-American Convention on Trade 
Mark and Commercial Protection. The District 
Court’s ruling was affirmed by the United States 
Court of Appeals for the Second Circuit. 
(7) Cuba’s international remedy under cus-
tomary international law, as codified by Article 60 of 
the 1969 Vienna Convention on Treaties, for a
breach by the United States of the General Inter- 
American Convention on Trade Mark and Commer-
cial Protection, is to suspend or revoke the protec-
tions Cuba currently affords United States trade-
marks and trade names. 
(8) Since 1996, hundreds of United States 
businesses have registered over 50,000 European 
Community trademarks, and thousands of trade-
mark registrations in individual European Union 
member states, in order to ensure the exclusive right 
to use their trademarks in the territory of the Euro-
pean Union. 
(9) The World Trade Organization upheld a 
challenge by the European Community and ruled 
that section 211 of the Department of Commerce 
and Related Agencies Appropriations Act, 1999, is 
inconsistent with the obligations of the United 
States under the Agreement on Trade-Related As-
pects of Intellectual Property Rights, including pro-
visions of the Paris Convention for the Protection of 
Industrial Property. 
(10) If the United States fails to bring its law 
into conformity with the WTO ruling, the remedy of 
the European Community, as provided by the Dis-
pute Settlement Understanding of the World Trade
Organization, is compensation and the suspension of 
concessions or other obligations that the European 
Community and its member states currently afford 
to intellectual property and other trade interests of 
the United States and its citizens. 
(11) In order to preserve the rights of United 
States nationals holding trademarks and trade 
names in Cuba, in the European Union and its 
members states, and in other countries, the United 
States must repeal section 211 of the Department of 
Commerce and Related Agencies Appropriations Act, 
1999, and should take the necessary steps to pro-
mote the long-term protection of trademarks, trade 
names, and domain names held by United States na-
tionals in that country. 
(12) Since long prior to the enactment of sec-
tion 211 of the Department of Commerce and Re-
lated Agencies Appropriations Act, 1999, it has been 
the practice of the Federal courts to provide equity 
in adjudicating disputes involving the Untied States 
trademark rights of foreign nationals whose busi-
nesses at home have been confiscated by their gov-
ernments. 
(13) Therefore, section 211 of the Department 
of Commerce and Related Agencies Appropriations
Act, 1999, is not necessary for the courts to reach 
equitable results with respect to the trademark and 
trade name rights of foreign nationals who have suf-
fered from confiscation of their businesses at home, 
and that the repeal of such section will return to the 
courts the full authority to give due consideration to 
all the relevant issues, both legal and equitable, with 
respect to such trademarks and trade names. 
(b) PURPOSE.—The purpose of this Act is to improve 
and promote compliance with international intellectual 
property obligations and to defend United States intellec-
tual property interests from suspension of benefits abroad, 
including in the European Community and its member 
states, Cuba, and in signatories of the General Inter- 
American Convention for Trade Mark and Commercial 
Protection and the Agreement on Trade-Related Aspects 
of Intellectual Property Rights. 
SEC. 3. ADHERENCE TO INTERNATIONAL AGREEMENTS 
AND UNDERSTANDINGS. 
(a) REPEAL.—Section 211 of the Department of 
Commerce and Related Agencies Appropriations Act, 
1999 (as contained in section 101(b) of division A of Pub-
lic Law 105–277; 112 Stat. 2681–88) is repealed. 
(b) REGULATIONS.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of the