	Background

Congress enacted § 211 of the Omnibus Appropriations Act of 1998 effectively to prohibit Cuban nationals or their non-Cuban successors in interest from protecting certain trademarks or trade names in the United States. This provision was challenged by the European Community in the World Trade Organization as being inconsistent with U.S. obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). Under Articles 21 and 22 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU), a WTO Member whose measure is found to be inconsistent with WTO obligations must inform the DSB of its intentions with regard to implementation of the rulings and recommendations of the DSB. Others would include compliance as part of a broader rollback in Cuban sanctions.
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.