[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1727 Introduced in Senate (IS)]







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.

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

SECTION 1. STUDY OF EFFECTS ON TRADEMARKS AND INTELLECTUAL PROPERTY 
              RIGHTS OF ADDING GENERIC TOP-LEVEL DOMAINS.

    (a) Study by National Research Council.--Not later than 60 days 
after the date of enactment of this Act, the Secretary of Commerce, 
acting through the Assistant Secretary of Commerce and Commissioner of 
Patents and Trademarks, shall request the National Research Council of 
the National Academy of Sciences to conduct a comprehensive study, 
taking into account the diverse needs of Internet users, of the short-
term and long-term effects on trademark and intellectual property 
rights holders of adding new generic top-level domains and related 
dispute resolution procedures.
    (b) Matters To Be Assessed in Study.--The study shall assess and, 
as appropriate, make recommendations for policy, practice, or 
legislative changes relating to--
            (1) the short-term and long-term effects on the protection 
        of trademark and intellectual property rights and consumer 
        interests of increasing or decreasing the number of generic 
        top-level domains;
            (2) trademark and intellectual property rights clearance 
        processes for domain names, including--
                    (A) whether domain name databases should be readily 
                searchable through a common interface to facilitate the 
                clearing of trademarks and intellectual property rights 
                and proposed domain names across a range of generic 
                top-level domains;
                    (B) the identification of what information from 
                domain name databases should be accessible for the 
                clearing of trademarks and intellectual property 
                rights; and
                    (C) whether generic top-level domain registrants 
                should be required to provide certain information;
            (3) domain name trademark and intellectual property rights 
        dispute resolution mechanisms, including how to--
                    (A) reduce trademark and intellectual property 
                rights conflicts associated with the addition of any 
                new generic top-level domains; and
                    (B) reduce trademark and intellectual property 
                rights conflicts through new technical approaches to 
                Internet addressing;
            (4) choice of law or jurisdiction for resolution of 
        trademark and intellectual property rights disputes relating to 
        domain names, including which jurisdictions should be available 
        for trademark and intellectual property rights owners to file 
        suit to protect such trademarks and intellectual property 
        rights;
            (5) trademark and intellectual property rights infringement 
        liability for registrars, registries, or technical management 
        bodies; and
            (6) short-term and long-term technical and policy options 
        for Internet addressing schemes and the impact of such options 
        on current trademark and intellectual property rights issues.
    (c) Cooperation With Study.--
            (1) Interagency cooperation.--The Secretary of Commerce 
        shall--
                    (A) direct the Patent and Trademark Office, the 
                National Telecommunications and Information 
                Administration, and other Department of Commerce 
                entities to cooperate fully with the National Research 
                Council in its activities in carrying out the study 
                under this section; and
                    (B) request all other appropriate Federal 
                departments, Federal agencies, Government contractors, 
                and similar entities to provide similar cooperation to 
                the National Research Council.
            (2) Private corporation cooperation.--The Secretary of 
        Commerce shall request that any private, not-for-profit 
        corporation established to manage the Internet root server 
        system and the top-level domain names provide similar 
        cooperation to the National Research Council.
    (d) Report.--
            (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, the National Research Council shall 
        complete the study under this section and submit a report on 
        the study to the Secretary of Commerce. The report shall set 
        forth the findings, conclusions, and recommendations of the 
        Council concerning the effects of adding new generic top-level 
        domains and related dispute resolution procedures on trademark 
        and intellectual property rights holders.
            (2) Submission to congressional committees.--Not later than 
        30 days after the date on which the report is submitted to the 
        Secretary of Commerce, the Secretary shall submit the report to 
        the Committees on the Judiciary of the Senate and House of 
        Representatives.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $800,000 for the study conducted under this Act.
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