[House Report 109-53]
[From the U.S. Government Publishing Office]



109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-53

======================================================================

 
     SUPPORTING THE GOALS OF WORLD INTELLECTUAL PROPERTY DAY, AND 
   RECOGNIZING THE IMPORTANCE OF INTELLECTUAL PROPERTY IN THE UNITED 
                          STATES AND WORLDWIDE

                                _______
                                

   April 26, 2005.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 210]

                  [Including Committee Cost Estimate]

  The Committee on the Judiciary, to whom was referred the 
resolution (H. Res. 210) supporting the goals of World 
Intellectual Property Day, and recognizing the importance of 
intellectual property in the United States and worldwide, 
having considered the same, report favorably thereon without 
amendment and recommend that the resolution be agreed to.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Vote of the Committee............................................     2
Committee Oversight Findings.....................................     2
New Budget Authority and Tax Expenditures........................     2
Committee Cost Estimate..........................................     2
Performance Goals and Objectives.................................     2
Constitutional Authority Statement...............................     3
Section-by-Section Analysis and Discussion.......................     3
Changes in Existing Law Made by the Bill, as Reported............     3
Markup Transcript................................................     3

                          Purpose and Summary

    The purpose of H. Res. 210 is to congratulate the World 
Intellectual Property Organization (``WIPO'') for its work and 
to support the goals of ``World Intellectual Property Day,'' 
which include teaching the importance of intellectual property 
as a tool for economic, social, and cultural development.

                Background and Need for the Legislation

    WIPO is considered the most important international 
organization for the promotion of intellectual property. Among 
other responsibilities, WIPO administers those treaties, such 
as the Berne and Paris conventions, that protect intellectual 
property globally. The United States is a WIPO member.
    Five years ago, WIPO member-states commemorated the 
founding of the organization by establishing ``World 
Intellectual Property Day.'' April 26, 1970, is the date on 
which the convention that created WIPO took effect. H. Res. 210 
therefore commemorates the achievements of WIPO and its 
designation of April 26, 2005, as ``World Intellectual Property 
Day'' for the current year. The United States is the world-
leader in the development and export of intellectual property.

                                Hearings

    No hearings were held on H. Res. 210.

                        Committee Consideration

    On April 20, 2005, the Committee met in open session and 
ordered favorably reported the bill H. Res. 210 by voice vote, 
a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of Rule XIII of the rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during consideration of H. Res. 210.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of Rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of Rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

                        Committee Cost Estimate

    In compliance with clause 3(d)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee believes that 
the bill will generate no cost for the current fiscal year 
2005, and that the cost incurred in carrying out H. Res. 210 
would be $0 for the next five fiscal years.

                    Performance Goals and Objectives

    H. Res. 210 does not authorize funding. Therefore, clause 
3(c)(4) of Rule XIII of the Rules of the House of 
Representatives is inapplicable. H. Res. 210 congratulates the 
World Intellectual Property Organization (``WIPO'') for its 
work and expresses House support for the goals of ``World 
Intellectual Property Day,'' which include teaching the 
importance of intellectual property as a tool for economic, 
social, and cultural development.

                   Constitutional Authority Statement

    Pursuant to Rule XI, clause 2(1)(4) of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in Article I, section 8, clause 8 of the 
Constitution.

               Section-by-Section Analysis and Discussion

    The resolution is not divided into sections. Rather, it 
contains nine prefatory clauses that highlight the importance 
of intellectual property to the U.S. balance of trade, economy, 
and cultural development. These clauses also note that April 
26, 1970, is the date on which the Convention establishing WIPO 
took effect; and that the organization has designated April 26, 
2005, as ``World Intellectual Property Day.''
    The prefatory clauses are followed by a series of 
resolutions in which the House of Representatives supports the 
goals of World Intellectual Property Day; applauds the ongoing 
contributions of human creativity and intellectual property to 
growth and innovation; and recognizes that protecting 
intellectual property is critical to U.S. economic well-being.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of Rule XIII of the Rules of 
the House of Representatives, the Committee notes that H. Res. 
210 makes no changes to existing law.

                           Markup Transcript



                            BUSINESS MEETING

                       WEDNESDAY, APRIL 20, 2005

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:04 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    Chairman Sensenbrenner. The Committee will be in order. A 
working quorum is present.
    Pursuant to notice I call up House Resolution 210, 
supporting the goals of the World Intellectual Property Day, 
and recognizing the importance of intellectual property in the 
United States and worldwide for purposes of markup, and move 
its favorable recommendation to the House. Without objection, 
the resolution will be considered as read and open for 
amendment at any point.


    Chairman Sensenbrenner. Anybody wish to make an opening 
statement on either side? Without objection, all opening 
statements will appear in the record.
    [The prepared statement of Mr. Smith follows:]
 Prepared Statement of the Honorable Lamar Smith, a Representative in 
Congress from the State of Texas, and Chairman, Subcommittee on Courts, 
                the Internet, and Intellectual Property
    The purpose of H. Res. 210 is to congratulate the World 
Intellectual Property Organization for its work and to support the 
goals of ``World Intellectual Property Day,'' which include teaching 
the importance of intellectual property as a tool for economic, social, 
and cultural development.
    WIPO is considered the most important international organization 
for the promotion of intellectual property.
    Among other responsibilities, WIPO administers those treaties, such 
as the Berne and Paris conventions, that protect intellectual property 
globally. The United States is a WIPO Member.
    Five years ago, WIPO member-states commemorated the founding of the 
organization by establishing ``World Intellectual Property Day.''
    April 26, 1970, is the date on which the convention that created 
WIPO took effect.
    H. Res. 210 commemorates the achievements of WIPO and its 
designation of April 26, 2005, as ``World Intellectual Property Day'' 
for the current year.
    I support the bill and I urge its adoption.
    I yield back the balance of my time.

    Chairman Sensenbrenner. Are there amendments? Are there 
amendments? The gentleman from Virginia.
    Mr. Scott. Mr. Chairman, I have an amendment at the desk.
    Chairman Sensenbrenner. This is to H. Res. 210?
    Mr. Scott. Oh, okay. [Laughter.]
    Chairman Sensenbrenner. Are there amendments to H. Res. 210 
which relates to WIPO?
    If there are no amendments a reporting quorum is not 
present, and without objection the previous question is ordered 
on the motion to report House Resolution 210 favorably. A vote 
will be taken when a reporting quorum appears.
    [Intervening business.]
    Chairman Sensenbrenner. A reporting quorum is present. The 
question occurs on the motion to report House Resolution 210 
favorably, upon which the previous question has been ordered. 
Those in favor will say aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it. The motion to 
report favorably is agreed to. Without objection, the staff is 
directed to make any technical and conforming changes.
    And all Members will be given 2 days as provided by the 
House rules in which to submit additional dissenting 
supplemental or minority views.
    [Intervening business.]
    Chairman Sensenbrenner. The Committee stands adjourned.
    [Whereupon, at 12:23 p.m., the Committee was adjourned.]

                                  
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