Restricting Trademark Rights of Cubans: WTO Decision and Congressional Response

Summary

The Dispute Settlement Body (DSB) of the World Trade Organization (WTO) has ruled against certain restrictions on the trademark rights of Cubans imposed under § 211 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1998. Congress has responded with several proposals to comply with the ruling, some focused on repeal of § 211 as part of broader proposed amendments to Cuban trade sanctions, others on repeal coupled with alternative methods of ensuring Cuba’s protection of trademark rights of Americans. This report will be updated as legislative activity occurs or other events warrant.