[Congressional Record Volume 148, Number 79 (Friday, June 14, 2002)]
[Senate]
[Page S5583]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 THE MADRID PROTOCOL IMPLEMENTATION ACT

  Mr. LEAHY. Madam President, I have come to the floor today to talk 
about an important piece of legislation, S. 407, the Madrid Protocol 
Implementation Act, which continues to be blocked from Senate 
consideration. As I said in an earlier statement on June 7, 2002, there 
are important bills that have cleared the Democratic side of the aisle 
and that have bipartisan support, but are being blocked by holds placed 
by anonymous Republican Senators. Last week, I spoke about legislation 
concerning national security and law enforcement, including S. 1770, 
implementing legislation for two anti-terrorism treaties. Fortunately, 
today, the Senate overwhelmingly passed the Leahy-Hatch substitute 
amendment to S. 1770 to help ensure that the United States continues to 
lead the world in the global fight against terrorism. I rise today to 
speak about protecting the intellectual property of American business.
  I introduced S. 407, the Madrid Protocol Implementation Act, with 
Senator Hatch last year to provide implementing legislation for an 
important treaty, the Madrid Protocol. This bill promises to help 
American businesses better protect their intellectual property in the 
international marketplace.
  The Clinton administration transmitted the Madrid Protocol to the 
Senate for ratification in 2000, but no action was taken while the 
Senate was under majority control by the Republicans. Under the 
leadership of Chairman Biden, the Senate Foreign Relations Committee, 
in November, 2001, reported the Madrid Protocol to the Senate with the 
recommendation that the Senate give its advice and consent to accession 
to the Madrid Protocol.
  S. 407 would implement this new treaty. The legislation would make no 
substantive change in American trademark law. The bill would set up new 
procedures for trademark applicants to file a single trademark 
application with the Patent and Trademark Office. This single filing 
would give the applicant ``one stop'' international trademark 
registration--a process only available to signatory countries to the 
Protocol. This would benefit American businesses and companies who need 
to protect their trademarks as they sell their goods and services in 
international markets, including over the Internet.
  The House version of this bill, H.R. 741, has already passed the 
Republican House of Representatives, as it has for the past three 
Congresses. The Senate Judiciary Committee unanimously reported this 
bill favorably to the full Senate in July, 2001, and we have been 
trying unsuccessfully to get it passed by unanimous consent ever since.
  This bill is critical in keeping our trademark laws up-to-date. It 
represents a significant step in our efforts to ensure that American 
trademark law adequately serves and promotes American interests. It is 
time for the anonymous, secret Republican holds on S. 407 to be lifted 
so that the Senate can pass this important legislation to protect the 
private intellectual property of Americans in the global economy.

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