[Congressional Record Volume 153, Number 183 (Monday, December 3, 2007)]
[Senate]
[Pages S14699-S14700]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         EXECUTIVE REPORTS OF COMMITTEES RECEIVED DURING RECESS

  Under the authority of the order of the Senate of November 16, 2007, 
the following executive reports of committees were submitted on 
November 27, 2007:

       By Mr. LEAHY for the Committee on the Judiciary:
       Joseph N. Laplante, of New Hampshire, to be United States 
     District Judge for the District of New Hampshire.
       Thomas D. Schroeder, of North Carolina, to be United States 
     District Judge for the Middle District of North Carolina.
       By Mr. BIDEN, from the Committee on Foreign Relations:
       Treaty Doc. 109-12: Patent Law Treaty and Regulations Under 
     Patent Law Treaty with one reservation (Ex. Rept. 110-6);
       Treaty Doc. 109-21: Geneva Act of the Hague Agreement 
     Concerning the International Registration of Industrial 
     Designs with nine declarations (Ex. Rept. 110-7); and
       Treaty Doc. 110-2: Singapore Treaty on the Law of 
     Trademarks with one condition (Ex. Rept. 110-8)

  The text of the committee-recommended resolutions of advice and 
consent to ratification are as follows:

       109-12: Patent Law Treaty and Regulations Under Patent Law 
     Treaty.
       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent Subject to Reservation
       The Senate advises and consents to the ratification of the 
     Patent Law Treaty and Regulations under the Patent Law 
     Treaty, done at Geneva on June 1, 2000 (Treaty Doc. 109-12), 
     subject to the reservation of section 2.
       Section 2. Reservation
       The advice and consent of the Senate under section 1 is 
     subject to the following reservation, which shall be included 
     in the United States instrument of ratification:
       Pursuant to Article 23, the United States of America 
     declares that Article 6(1) shall not apply to any requirement 
     relating to unity of invention applicable under the Patent 
     Cooperation Treaty to an international application.
       109-21: Geneva Act of the Hague Agreement Concerning the 
     International Registration of Industrial Designs.
       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent Subject to 
     Declarations
       The Senate advises and consents to the ratification of the 
     Geneva Act of the Hague Agreement Concerning the 
     International Registration of Industrial Designs (the 
     ``Agreement''), adopted in Geneva on July 2, 1999, and signed 
     by the United States of America on July 6, 1999 (Treaty Doc. 
     109-21), subject to the declarations of section 2.

[[Page S14700]]

       Section 2. Declarations
       The advice and consent of the Senate under section 1 is 
     subject to the following declarations, which shall be 
     included in the United States instrument of ratification:
       (1) Pursuant to Article 5(2)(a) and Rule 11(3) of the 
     Agreement, the United States of America declares that its 
     Office is an Examining Office under the Agreement whose law 
     requires that an application for the grant of protection to 
     an industrial design contain: (i) indications concerning the 
     identity of the creator of the industrial design that is the 
     subject of the application; (ii) a brief description of the 
     reproduction or of the characteristic features of the 
     industrial design that is the subject of the application; and 
     (iii) a claim. The specific wording of the claim shall be in 
     formal terms to the ornamental design for the article 
     (specifying name of article) as shown, or as shown and 
     described.
       (2) Pursuant to Article 7(2) and Rule 12(3) of the 
     Agreement, the United States of America declares that, as an 
     Examining Office under the Agreement, the prescribed 
     designation fee referred to in Article 7(1) of the Agreement 
     shall be replaced by an individual designation fee, that is 
     payable in a first part at filing and a second part payable 
     upon allowance of the application. The current amount of the 
     designation fee is US$1,230, payable in a first part of 
     US$430 at filing and a second part of US$800 upon allowance 
     of the application. However, for those entities that qualify 
     for ``small entity'' status within the meaning of section 
     41(h) of title 35 of the United States Code and section 3 of 
     the Small Business Act, the amount of the individual 
     designation fee is US$615, payable in a first part of US$215 
     and a second part of US$400. In addition, these amounts 
     are subject to future changes upon which notification to 
     the Director General will be made in future declarations 
     as authorized in Article 7(2) of the Agreement.
       (3) Pursuant to Article 11(1)(b) of the Agreement, the 
     United States of America declares that the law of the United 
     States of America does not provide for the deferment of the 
     publication of an industrial design.
       (4) Pursuant to Article 13(1) of the Agreement, the United 
     States of America declares that its laws require that only 
     one independent and distinct design may be claimed in a 
     single application.
       (5) Pursuant to Article 16(2) of the Agreement, the United 
     States of America declares that a recording by the 
     International Bureau under Article 16(1)(i) of the Agreement 
     shall not have effect in the United States of America until 
     the United States Patent and Trademark Office has received 
     the statements or documents recorded thereby.
       (6) Pursuant to Article 17(3)(c) of the Agreement, the 
     United States of America declares that the maximum duration 
     of protection for designs provided for by its law is 15 years 
     from grant.
       (7) Pursuant to Rule 8(1) of the Agreement, the United 
     States of America declares that the law of the United States 
     of America requires that an application for protection of an 
     industrial design be filed in the name of the creator of the 
     industrial design. The specific form and mandatory contents 
     of a statement required for the purposes of Rule 8(2) of the 
     Agreement are contained in section 1.63 of title 37 of the 
     Code of Federal Regulations of the United States.
       (8) Pursuant to Rule 13(4) of the Agreement, the United 
     States of America declares that the period of one month 
     referred to in Rule 13(3) of the Agreement shall be replaced 
     by a period of six months as to the United States of America 
     in light of the security clearance required by United States 
     law.
       (9) Pursuant to Rule 18(1)(b), the United States of America 
     declares that the period of six months referred to in Rule 
     18(1)(a) of the Agreement shall be replaced by a period of 
     twelve months with respect to the United States of America, 
     as the Office of the United States of America is an Examining 
     Office under the Agreement.
       110-2: Singapore Treaty on the Law of Trademarks.
       Resolved (two-thirds of the Senators present concurring 
     therein),
       Section 1. Senate Advice and Consent Subject to a Condition
       The Senate advises and consents to the ratification of the 
     Singapore Treaty on the Law of Trademarks adopted in 
     Singapore on March 27, 2006 and signed by the United States 
     at Singapore on March 28, 2006 (Treaty Doc. 110-2), subject 
     to the condition of section 2.
       Section 2. Condition
       The advice and consent of the Senate under section 1 is 
     subject to the following condition:
       Report on Amendments to the Regulations. Not later than 60 
     days after the Assembly has agreed to an amendment to the 
     Regulations pursuant to Article 22 and Article 23 of the 
     Treaty, the Secretary of State shall transmit the text of the 
     amendment to the Committee on Foreign Relations and the 
     Committee on the Judiciary of the Senate.

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