[Congressional Record Volume 147, Number 158 (Thursday, November 15, 2001)]
[Senate]
[Pages S11939-S11940]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    EXECUTIVE REPORT OF A COMMITTEE

  The following executive report of a committee was reported on 
November 15, 2001:

       By Mr. BIDEN, from the Committee on Foreign Relations:

  Treaty Doc. 106-41 Protocol Relating to the Madrid Agreement (Exec. 
                              Rept. 107-1)


   TEXT OF THE COMMITTEE RECOMMENDED RESOLUTION OF ADVICE AND CONSENT

       Resolved (two-thirds of the Senators present concurring 
     therein),

     SECTION 1. ADVICE AND CONSENT TO ACCESSION TO THE MADRID 
                   PROTOCOL, SUBJECT TO AN UNDERSTANDING, 
                   DECLARATIONS, AND CONDITIONS.

       The Senate advises and consents to the accession by the 
     United States to the Protocol Relating to the Madrid 
     Agreement Concerning the International Registration of Marks, 
     adopted at Madrid on June 27, 1989, entered into force on 
     December 1, 1995 (Treaty Doc. 106-41; in this resolution 
     referred to as the ``Protocol''), subject to the 
     understanding in section 2, the declarations in section 3, 
     and the conditions in section 4.

     SEC. 2. UNDERSTANDING.

       The advice and consent of the Senate under section 1 is 
     subject to the understanding, which shall be included in the 
     United States instrument of accession to the Protocol, that 
     no secretariat is established by the Protocol and that 
     nothing in the Protocol obligates the United States to 
     appropriate funds for the purpose of establishing a permanent 
     secretariat at any time.

     SEC. 3. DECLARATIONS.

       The advice and consent of the Senate under section 1 is 
     subject to the following declarations:
       (1) Not self-executing.--The United States declares that 
     the Protocol is not self-executing.
       (2) Time limit for refusal notification.--Pursuant to 
     Article 5(2)(b) of the Protocol, the United States declares 
     that, for international registrations made under the 
     Protocol, the time limit referred to in subparagraph (a) of 
     Article 5(2) is replaced by 18 months. The declaration in 
     this paragraph shall be included in the United States 
     instrument of accession.
       (3) Notifying refusal of protection.--Pursuant to Article 
     5(2)(c) of the Protocol, the United States declares that, 
     when a refusal of protection may result from an opposition to 
     the granting of protection, such refusal may be notified to 
     the International Bureau after the expiry of the 18-month 
     time limit. The declaration in this paragraph shall be 
     included in the United States instrument of accession.
       (4) Fees.--Pursuant to Article 8(7)(a) of the Protocol, the 
     United States declares that, in connection with each 
     international registration in which it is mentioned under 
     Article 3 of the Protocol, and in connection with each 
     renewal of any such international registration, the United 
     States chooses to receive, instead of a share in revenue 
     produced by the supplementary and complementary fees, an

[[Page S11940]]

     individual fee the amount of which shall be the current 
     application or renewal fee charged by the United States 
     Patent and Trademark Office to a domestic applicant or 
     registrant of such a mark. The declaration in this paragraph 
     shall be included in the United States instrument of 
     accession.

     SEC. 4. CONDITIONS.

       The advice and consent of the Senate under section 1 is 
     subject to the following conditions:
       (1) Treaty interpretation.--The Senate reaffirms condition 
     (8) of the resolution of ratification of the Document Agreed 
     Among the States Parties to the Treaty on Conventional Armed 
     Forces in Europe (CFE) of November 19, 1990 (adopted at 
     Vienna on May 31, 1996), approved by the Senate on May 14, 
     1997 (relating to condition (1) of the resolution of 
     ratification of the INF Treaty, approved by the Senate on May 
     27, 1988).
       (2) Notification of the senate of certain european 
     community votes.--The President shall notify the Senate not 
     later than 15 days after any nonconsensus vote of the 
     European Community, its member states, and the United States 
     within the Assembly of the Madrid Union in which the total 
     number of votes cast by the European Community and its member 
     states exceeded the number of member states of the European 
     Community.

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