[Congressional Record Volume 153, Number 187 (Friday, December 7, 2007)]
[Senate]
[Pages S15036-S15037]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                                TREATIES

[Patent Law Treaty and Regulations Under Patent Law Treaty (Treaty Doc. 
                                109-12)]

       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.

    [Geneva Act of the Hague Agreement Concerning the International 
        Registration of Industrial Designs (Treaty Doc. 109-21)]

       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.
       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

[[Page S15037]]

     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.

    [Singapore Treaty on the Law of Trademarks (Treaty Doc. 110-2)]

       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.

  The PRESIDING OFFICER. A division vote has been requested. The 
question is on the resolutions of ratification. Senators in favor of 
the ratification of these treaties, please rise.
  Those opposed will rise and stand until counted.
  In the opinion of the Chair, two-thirds of the Senators present 
having voted in the affirmative, the resolutions of ratification are 
agreed to.
  Mr. REID. I ask unanimous consent the motions to reconsider be laid 
on the table, that the President of the United States be immediately 
notified of the Senate's action.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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