I 
108TH CONGRESS 
1ST SESSION H. R. 2494
To improve and promote compliance with international intellectual property 
obligations relating to the Republic of Cuba, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 17, 2003
Mr. RANGEL (for himself, Mr. FLAKE, Mr. DELAHUNT, Mr. HOUGHTON, Mr. 
POMEROY, and Mr. MATSUI) introduced the following bill; which was re-
ferred to the Committee on International Relations, and in addition to 
the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To improve and promote compliance with international intel-
lectual property obligations relating to the Republic of 
Cuba, 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-Cuba 
Trademark Protection Act of 2003’’. 
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 companies that en-
gage in international trade. 
(2) Worldwide sales of branded products of 
United States companies 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 security of the United States trade-
marks and trade names protected by reciprocal trea-
ties and agreements for the protection of intellectual 
property. 
(3) Among such treaties and agreements are 
the Agreement on Trade-Related Aspects of Intellec-
tual Property Rights (TRIPS) of the World Trade 
Organization, the Inter-American Convention for 
Trademark and Commercial Protection, and the Ma-
drid Protocol. 
(4) The United States should ensure that the 
trademark and trade names of United States compa-
nies continue to be protected abroad by working to 
ensure that countries comply with intellectual prop-
erty rights treaties and agreements. At the same 
time, the United States should adhere to its obliga-
tions under such treaties and agreements.
(5) Hundreds of United States companies 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 companies 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 abrogates, with 
respect to Cuba, the Inter-American Convention on 
Trademarks and Commercial Protection, and the 
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 Inter-American 
Convention, is to suspend or revoke the protections 
Cuba currently affords United States trademarks 
and trade names. 
(8) In order to preserve the rights of United 
States nationals holding trademarks in Cuba, the
United States must repeal section 211 of the De-
partment of Commerce and Related Agencies Appro-
priations Act, 1999, and should take the necessary 
steps to promote the long-term protection of trade-
marks, trade names, and domain names held by 
United States nationals in that country. 
(9) The recent actions by the Government of 
Cuba to prosecute and imprison unfairly critics of 
the government are unacceptable and should be met 
with strong condemnation. 
(10) Promoting greater respect for the rule of 
law in Cuba, including through the provisions of this 
Act, will it is hoped diminish the likelihood for ac-
tions taken in the future that undermine operation 
of the rule of law or disregard fundamental fairness 
in administrative and juridical proceedings. 
(b) PURPOSE.—The purpose of this Act is to promote 
global intellectual property rights protections by ensuring 
that the United States and the Republic of Cuba continue 
to comply with their obligations under international trade-
mark agreements and understandings. 
SEC. 3. ADHERENCE TO INTERNATIONAL AGREEMENTS 
AND UNDERSTANDINGS. 
(a) CONSULTATIONS WITH CUBA.—The President 
shall direct the Secretary of State to initiate consultations
with the Republic of Cuba not later than December 31, 
2003, in order to obtain assurances that the Republic of 
Cuba will—
(1) continue to adhere to—
(A) the Paris Convention for the Protec-
tion of Industrial Property; 
(B) the Inter-American Convention for 
Trademark and Commercial Protection; and 
(C) the Madrid Agreement Concerning the 
International Registration of Marks and Pro-
tocol Relating to the Madrid Agreement Con-
cerning 
the 
International 
Registration 
of 
Marks; 
(2) implement the Joint Recommendation Con-
cerning Provisions on the Protection of Well-Known 
Marks adopted by the General Assembly of the 
World Intellectual Property Organization (Pub 833 
E) in September 1999; and 
(3) commit that the manager of the Country-
Code Top-Level Domain (ccTLD) will subscribe to 
the Uniform Dispute Resolution Procedure (UDRP) 
approved by the Internet Corporation for Assigned
Names and Numbers (ICANN) and provide to 
United States nationals nondiscriminatory access to 
such procedures.
(b) CONSULTATION WITH SECRETARY
OF COM-
MERCE.—The Secretary of State shall initiate and conduct 
the consultations under subsection (a) in consultation with 
the Secretary of Commerce. 
(c) REPORTS TO CONGRESS.—The Secretary of State 
and the Secretary of Commerce shall submit to the Con-
gress a report on the progress and results of the consulta-
tions under subsection (a) not later than 6 months after 
the date of the enactment of this Act and not later than 
every 6 months thereafter. 
(d) REPEAL OF PROHIBITION ON TRANSACTIONS OR 
PAYMENTS WITH RESPECT TO CERTAIN UNITED STATES 
INTELLECTUAL PROPERTY.—
(1) REPEAL.—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) is re-
pealed. 
(2) REGULATIONS.—The Secretary of the 
Treasury shall issue such regulations as are nec-
essary to carry out the repeal made by paragraph 
(1), including removing any prohibition on trans-
actions or payments to which subsection (a)(1) of 
section 211 of the Department of Commerce and 
Related Agencies Appropriations Act, 1999 applied.
SEC. 4. REGISTRY OF U.S. TRADEMARKS AND WELL-KNOWN 
MARKS IN CUBA. 
(a) REGISTRY
OF U.S. TRADEMARKS.—Not later 
than December 31, 2003, the Director of the Patent and 
Trademark Office shall establish a registry of trademarks 
each of which is owned by a United States national and 
was registered in, or submitted for registration to, the Re-
public of Cuba on or after January 1, 1959. 
(b) REGISTRY OF WELL-KNOWN MARKS.—
(1) ESTABLISHMENT.—Not later than Decem-
ber 31, 2003, the Director of the Patent and Trade-
mark Office shall establish a registry of trademarks 
each of which is owned by a United States national 
and met the requirements for a well-known mark in 
the Republic of Cuba under Article 6bis of the Paris 
Convention for the Protection of Industrial Property 
as of December 31, 1958, and the Joint Rec-
ommendation Concerning Provisions on the Protec-
tion of Well-Known Marks adopted by the General 
Assembly of the World Intellectual Property Associa-
tion (Pub 833 E) in September 1999. 
(2) REQUIREMENTS FOR INCLUSION ON REG-
ISTRY.—The Director of the Patent and Trademark 
Office shall require any applicant seeking to register 
a well-known mark on the registry established under 
paragraph (1) to supply documentation to establish
that the mark met the requirements set forth in 
paragraph (1). 
(c) ACCESSIBILITY.—The Director of the Patent and 
Trademark Office shall ensure that each registry estab-
lished under subsections (a) and (b)—
(1) is accessible to the public through the Inter-
net; 
(2) allows trademark examiners and applicants 
seeking to register trademarks on the registry to 
send and receive communications electronically; 
(3) allows the United States Patent and Trade-
mark Office to process, maintain, and search elec-
tronically the contents and history of each applica-
tion to register a trademark, and trademark reg-
istration, included in the registry; and 
(4) allows the public to access and search elec-
tronically the contents and history of each such ap-
plication and trademark registration. 
SEC. 5. AMENDMENTS TO CUBAN ASSET CONTROL REGULA-
TIONS. 
The Secretary of the Treasury shall amend the 
Cuban Assets Control Regulations (part 515 of title 31, 
Code of Federal Regulations) so that—
(1) the following transactions by any person 
who is not a designated national are authorized:
(A) the filing and renewal of a blocked for-
eign domain name, the transfer or receipt of a 
blocked foreign domain name, and the filing 
and prosecution of proceedings to determine 
rights to a blocked foreign domain name and 
the prosecution of defenses to such proceedings; 
and 
(B) the filing and renewal of a blocked for-
eign trade name, the transfer or receipt of a 
blocked foreign trade name, and the filing and 
prosecution of proceedings related to a blocked 
foreign trade name and the prosecution of de-
fenses to such proceedings; 
(2)(A) the transfer or receipt of any trademark, 
trade name, or domain name subject to United 
States law in which a designated national has an in-
terest is authorized; and 
(B) the filing and prosecution of opposition and 
infringement proceedings related to any trademark 
or trade name in which a designated national has an 
interest, the filing and prosecution of proceedings to 
determine rights to any domain name in which a 
designated national has an interest, and the prosecu-
tion of defenses to such proceedings, are authorized; 
and
(3) the payment of fees to the government of 
any foreign country, either directly or through an at-
torney or representative, is authorized for research 
of registries, directories, and government records 
with respect to blocked foreign trademarks, blocked 
foreign trade names, or blocked foreign domain 
names, and the protection and enforcement thereof. 
SEC. 6. CONFORMING AMENDMENTS. 
(a) INTERNATIONAL CONVENTIONS.—Section 44 of 
the Trademark Act of 1946 (15 U.S.C. 1126) is amended 
by adding at the end the following: 
‘‘(j)(1) Any designated national shall be entitled to 
the benefits of this Act to the extent necessary to give 
effect to any provision of any convention or treaty relating 
to trade or commercial names, or relating to the repression 
of unfair competition, to which the United States and the 
Republic of Cuba are parties, or to any reciprocal rights 
relating to trade or commercial names or the repression 
of unfair competition, that are extended by the Republic
of Cuba to nationals of the United States by law. The ab-
sence of commercial activities within the United States 
shall not constitute a lack of standing or any other reason 
for the dismissal of any action brought by any such des-
ignated national pursuant to this subsection.
‘‘(2) No other provision of this section shall be con-
strued to limit the applicability of paragraph (1). 
‘‘(3) As used in this subsection, the term ‘designated 
national’ has the meaning given that term in subpart C 
of part 515 of title 31, Code of Federal Regulations, as 
in effect on April 28, 2003, and includes any national of 
a foreign country that is a successor-in-interest to that 
designated national.’’. 
(b) CIVIL ACTIONS.—Section 43(a) of the Trademark 
Act of 1946 (15 U.S.C. 1125(a)) is amended by adding 
at the end the following: 
‘‘(4)(A) For purposes of this subsection, any person 
who is engaged in the bona fide production, distribution, 
marketing, or sale of spirits outside the United States and 
who lawfully uses a mark or geographical indication in 
connection with such spirits shall be considered to be or 
likely to be damaged by a mark or geographical indica-
tion—
‘‘(i) which, when used on or in connection with 
other spirits, identifies a place other than origin of 
such other spirits; and 
‘‘(ii) of which the first use in commerce on or 
in connection with such other spirits was made on 
or after one year after the date on which the WTO 
Agreement (as defined in section 2(9) of the Uru-
guay Round Agreements Act) entered into force with 
respect to the United States. 
The preceding sentence shall also apply to any person in 
any proceeding under section 13 or 14 of this Act. 
‘‘(B) As used in this paragraph, the term ‘spirits’ 
means any article provided for in heading 2207 or 2208 
of the Harmonized Tariff Schedule of the United States.’’. 
SEC. 7. AUTHORITY OF COURTS. 
United States courts shall have the authority to rec-
ognize, enforce, or otherwise validate any assertion by a 
designated national of rights in any mark or trade name 
based on common law rights or registration or under sub-
section (b) or (e) of section 44 of the Trademark Act of 
1946. In this subsection, the term ‘‘designated national’’ 
includes any national of a foreign country that is a suc-
cessor-in-interest to that designated national. 
SEC. 8. DEFINITIONS. 
In this Act: 
(1) BLOCKED
FOREIGN
DOMAIN
NAME.—The 
term ‘‘blocked foreign domain name’’ means a do-
main name in which a designated national has an in-
terest, including any domain name issued by a des-
ignated national. 
(2) BLOCKED
FOREIGN
TRADE
NAME.—The 
term ‘‘blocked foreign trade name’’ means any trade