ARLINGTON, Va., May 24, 2001 (PRIMEZONE) -- The Alexis de Tocqueville Institution today called on the United States Congress to repeal a controversial provision that violates U.S. agreements with the World Trade Organization (WTO) and severely diminishes the credibility that the U.S. has amassed in the area of intellectual property rights.
Section 211 of the Omnibus Appropriations Act of 1999 nullified any U.S. trademarks acquired by the Cuban government without the consent of anyone who claimed prior ownership, trademarked or not, of the intellectual property. This provision is in violation of an intellectual property agreement reached by the WTO and supported by the United States, known as Trade Related Aspects of Intellectual Property, or TRIPs agreements.
"Section 211 was never discussed anywhere. It was never considered in legislative committee, in conference committee or on the floor of either House of Congress," said Kenneth Brown, President of the Alexis de Tocqueville Institution. "This seemingly minor provision in what was an enormous, all-purpose spending bill threatens to damage the United State's reputation as a champion of intellectual property rights. This is not the impression we should be giving to emerging democracies around the world."
Bacardi, a major donor to U.S. political campaigns and campaign committees, claims to have acquired the U.S. trademark to "Havana Club" rum products from the Arechabala family (formerly of Cuba and one-time producers of Havana Club rum). The Arechabalas fled the island in 1960, however, and their U.S. trademark rights expired shortly thereafter. A Cuban company applied for the trademark in 1974 and the U.S. Patent and Trademark Office (USPTO) approved the application in 1976.
"At the very least, the appearance has been given that some members of Congress usurped the rights of the judiciary in order to satisfy their special interest contributors," said Brown. "If the Congress doesn't clean its own house and repeal this ill-advised provision, then we can hardly expect other countries to honor these agreements."
At the request of the European Union, the WTO has formed an arbitration panel to study the case. A final ruling is expected later this summer.
Brown said: "The United States is the global champion of freedom and property rights, and our government should live up to that reputation."
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CONTACT: Alexis de Tocqueville Institution, Arlington
Dino Michalopulos
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