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





                                                       Calendar No. 583

105th CONGRESS

  2d Session

                                S. 1727



_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 17, 1998

        Reported with an amendment and an amendment to the title





                                                       Calendar No. 583
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

                           September 17, 1998

 Reported by Mr. Hatch, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

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

<DELETED>    (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.</DELETED>
<DELETED>    (b) Matters To Be Assessed in Study.--The study shall 
assess and, as appropriate, make recommendations for policy, practice, 
or legislative changes relating to--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (2) trademark and intellectual property rights 
        clearance processes for domain names, including--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) the identification of what information 
                from domain name databases should be accessible for the 
                clearing of trademarks and intellectual property 
                rights; and</DELETED>
                <DELETED>    (C) whether generic top-level domain 
                registrants should be required to provide certain 
                information;</DELETED>
        <DELETED>    (3) domain name trademark and intellectual 
        property rights dispute resolution mechanisms, including how 
        to--</DELETED>
                <DELETED>    (A) reduce trademark and intellectual 
                property rights conflicts associated with the addition 
                of any new generic top-level domains; and</DELETED>
                <DELETED>    (B) reduce trademark and intellectual 
                property rights conflicts through new technical 
                approaches to Internet addressing;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) trademark and intellectual property rights 
        infringement liability for registrars, registries, or technical 
        management bodies; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Cooperation With Study.--</DELETED>
        <DELETED>    (1) Interagency cooperation.--The Secretary of 
        Commerce shall--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) request all other appropriate Federal 
                departments, Federal agencies, Government contractors, 
                and similar entities to provide similar cooperation to 
                the National Research Council.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Report.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) Authorization of Appropriations.--There is authorized 
to be appropriated $800,000 for the study conducted under this 
Act.</DELETED>

SECTION 1. STUDY OF EFFECTS ON TRADEMARK RIGHTS OF ADDING GENERIC TOP-
              LEVEL DOMAINS.

    (a) Study by National Research Council.--Not later than 30 days 
after the date of enactment of this Act, the Secretary of Commerce 
shall request the National Research Council of the National Academy of 
Sciences to conduct a comprehensive study, taking into account the 
diverse needs of domestic and international Internet users, of the 
short-term and long-term effects on trademark rights 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 rights and consumer interests of increasing or 
        decreasing the number of generic top-level domains;
            (2) trademark 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 trademark 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 trademark rights; and
                    (C) whether generic top-level domain registrants 
                should be required to provide certain information;
            (3) domain name trademark rights dispute resolution 
        mechanisms, including how to--
                    (A) reduce trademark rights conflicts associated 
                with the addition of any new generic top-level domains; 
                and
                    (B) reduce trademark rights conflicts through new 
                technical approaches to Internet addressing;
            (4) choice of law or jurisdiction for resolution of 
        trademark rights disputes relating to domain names, including 
        which jurisdictions should be available for trademark right 
        owners to file suit to protect such trademark rights;
            (5) trademark rights infringement liability for registrars, 
        registries, or technical management bodies;
            (6) short-term and long-term technical and policy options 
        for Internet addressing schemes and the impact of such options 
        on current trademark rights issues; and
            (7) public comments on the National Research Council 
        interim report and on any other reports that are issued by 
        international governmental bodies.
    (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) Reports.--
            (1) In general.--
                    (A) Interim report.--After a period of public 
                comment and not later than 4 months after the date of 
                enactment of this Act, the National Research Council 
                shall submit an interim report on the study to the 
                Secretary of Commerce.
                    (B) Final report.--After a period of public comment 
                and not later than 9 months after the date of enactment 
                of this Act, the National Research Council shall 
                complete the study under this section and submit a 
                final report on the study to the Secretary of Commerce. 
                The final 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 rights.
            (2) Submission to congressional committees.--
                    (A) Interim report.--Not later than 7 days after 
                the date on which the interim report is submitted to 
                the Secretary of Commerce, the Secretary shall submit 
                the interim report to the Committee on Commerce, 
                Science, and Transportation and the Committee on the 
                Judiciary of the Senate, and to the Committee on 
                Science and the Committee on the Judiciary of the House 
                of Representatives.
                    (B) Final report.--Not later than 7 days after the 
                date on which the final report is submitted to the 
                Secretary of Commerce, the Secretary shall submit the 
                final report to the Committee on Commerce, Science, and 
                Transportation and the Committee on the Judiciary of 
                the Senate, and to the Committee on Science and the 
                Committee on the Judiciary of the House of 
                Representatives.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $800,000 for the study conducted under this Act.
            Amend the title so as to read: ``To authorize the 
        comprehensive independent study of the effects on trademark 
        rights of adding new generic top-level domains and related 
        dispute resolution procedures.''.