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U.S.-Cuba Trademark Protection Act
Gaining Momentum on Capitol Hill
Friday October 24, 12:20
pm ET. Press Release Source: National Foreign
Trade Council, Inc.
Comprehensive Bill Protects American
Business Interests in Cuba
WASHINGTON, Oct. 24 /PRNewswire/ -- The
National Foreign Trade Council (NFTC) announced
today that the U.S.-Cuba Trademark Protection
Act of 2003 (H.R. 2494) has more than doubled
its sponsorship since the bill's introduction
this summer. This bi-partisan bill will
help U.S. companies protect trademarks registered
in Cuba and prevent Cuba from becoming a
haven for cyber squatters.
"Currently there are more than 5,000
American trademarks registered in Cuba that
are vulnerable to counterfeiting and infringement,
thanks to a five- year-old special-interest
law known as Section 211 that breaches U.S.
treaty commitments to Cuba. As awareness
of this 'Section 211 problem' grows, members
increasingly recognize the need to comprehensively
protect these U.S. trademarks," said
Bill Reinsch, president of NFTC.
The bipartisan bill was introduced by Rep.
Charles B. Rangel (D-NY) and Rep. Jeff Flake
(R-AZ). Other sponsors include Rep. John
Conyers (D-MI), Rep. Amo Houghton Jr. (R-NY),
Rep. William Delahunt (D-MA), Rep. Nancy
Johnson (R- CT), Rep. Robert Matsui (D-CA),
Rep. George Nethercutt (R-WA), Rep. Sander
Levin (D-MI), Rep. Judy Biggert (R-IL),
Rep. Earl Pomeroy (D-ND), Rep. Jim Ramstad
(R-MN), Rep. William Jefferson (D-LA), Rep.
Butch Otter (R-ID), Rep. Gregory Meeks (D-NY)
and Rep. James Clyburn (D-SC).
"Cuba and the U.S. have honored each
others' trademarks for 75 years. It's shameful
to think that the U.S. Congress might throw
this area of cooperation away by pandering
to one special interest at the expense of
hundreds of American trademark holders.
Our legislation has gained support so quickly
because it ensures that, as the U.S. honors
Cuban trademarks, Cuba will honor ours,"
said Congressman Charlie Rangel (D-NY),
a sponsor of the bill.
H.R. 2494 co-sponsor Congressman Jeff Flake
(R-AZ) added, "Quite simply, Section
211 is putting American trademarks at risk
overseas. Congress has a responsibility
to craft a policy that will protect American
trademarks, not jeopardize them."
The U.S.-Cuba Trademark Protection Act
of 2003 establishes mechanisms to monitor
the accuracy, reliability and stability
of the Cuban government's trademark registration
and renewal process. Specifically, the bill
directs the Administration to initiate consultations
with the Republic of Cuba to obtain assurances
that Cuba will continue to comply with its
obligations to protect and honor U.S. trademarks
and trade names in Cuba under the Paris
Convention, the Inter-American Convention,
and the Madrid Agreement and Protocol. The
bill similarly directs the Administration
to comply with those agreements as they
apply to Cuba.
Additionally, the bill directs the Administration
to obtain assurances that Cuba will agree
to follow internationally recognized procedures
for resolving disputes over Internet domain
names.
The bill also directs the U.S. Patent and
Trademark Office to assist U.S. companies
seeking to protect and enforce their rights
in Cuba by establishing a registry of U.S.
trademarks registered or submitted for registration
in Cuba since January 1, 1959, and a registry
of U.S. trademarks in Cuba that meet the
requirements for well-known marks as of
December 31, 1958.
The bill also:
* Directs the Secretary of the Treasury
to amend the Cuban Asset Control
Regulations to create a general license
that allows U.S. nationals to
engage in the full range of activities needed
to protect their
trademarks and trade names against infringement
in Cuba.
* Directs the Treasury Secretary to amend
the CACR to establish a general license
for the transfer of U.S. trademarks and
trade names in which Cuban entities have
an interest.
* Directs the Treasury Secretary to amend
the CACR to establish a general license
to allow U.S. nationals to make the payments
necessary to register their trademarks and
trade names as domain names in the .cu Internet
domain and to investigate and pursue removal
of infringing .cu domain names.
* Restores the jurisdiction of the federal
courts to enforce rights to foreign-origin
trademarks based upon intellectual property
treaties and laws in order to return to
the status quo prior to the adoption of
Section 211, a special interest provision
that allows for discriminatory treatment
of certain Cuban trademarks by prohibiting
their renewal and by denying their holders
access to courts.
The National Foreign Trade Council is
a leading business organization advocating
an open, rules-based global trading system.
Founded in 1914 by a broad-based group of
American companies, the NFTC now serves
350 member companies through its offices
in Washington and New York.
CIP Says Victory on Senate Vote Says
to President Bush: 'Stop Holding Americans
Hostage, Lift the Ban on Travel to Cuba'
Center for International
Policy. Thu Oct 23.
WASHINGTON, Oct. 23 /U.S. Newswire/ --
The Center for International Policy's Freedom
to Travel Campaign issued the following
statement in response to the vote in the
United States Senate to lift the ban on
legal travel by Americans to Cuba:
"The Senate has voted for the first
time to lift the ban on travel by Americans
to Cuba, and that vote is a powerful message
to President Bush (news - web sites): 'Stop
holding Americans hostage as means of punishing
Cuba,'" said Sarah Stephens, director
of CIP's Freedom to Travel campaign. "This
policy is flawed, failed, and it hasn't
worked for decades. We believe that Americans
have a constitutional right to travel to
Cuba, and that contact and commerce between
our people is in both nations' interests.
Travel to Cuba would create jobs and profits
here in the United States, and unleash the
best ambassadors we have for building understanding
between our two countries."
"Coming just days after the President's
speech endorsing an enforcement of the travel
ban to Cuba, this is a clear vote of no
confidence," added associate Anya Landau.
"While the President insists on diverting
resources from the Treasury and Homeland
Security Departments to track and harass
citizens whose only crime is exercising
their basic right to travel, the House and
Senate have resoundingly rejected this misappropriation
of taxpayer dollars."
"We thank the Senate for its leadership
and courage, and we urge all Senators and
Representatives to send this amendment to
President Bush's desk."
The Freedom to Travel Campaign is a project
of the Center for International Policy.
The Center for International Policy ( http://www.ciponline.org
), founded in 1975, promotes a U.S. foreign
policy based on international cooperation,
demilitarization and respect for basic human
rights.
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