159. The representative of Cuba said that, at the previous meeting, the delegation of Cuba had informed the TRIPS Council that it would forward to the Permanent Mission of the United States a written paper in conformity with Article 63.3 of the TRIPS Agreement, requesting detailed information regarding Section 211 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act 1998 for the fiscal year 1999, approved on 21 October 1998, so that the Cuban authorities could form an accurate opinion on the apparent incompatibility of these rules with the obligations imposed on Members by the Agreement, in particular those concerning acquisition, maintenance and enforcement of intellectual property rights. This request had been remitted, on 10 December 1998, to the Permanent Mission of the United States. Given that, to date, the Mission of Cuba had received no response, he formally reiterated this request to the delegation of the United States to provide information regarding the presumed incompatibility of the restrictions established in the said Section 211 on marks, trademarks and trade names with the obligations that all Members had to assure an adequate protection of industrial property rights, without requirements that exceeded those requirements established in the TRIPS Agreement and, in the same way, concerning the presumed incompatibility of the said restrictions with the obligations of non-discrimination against nationals of other Members such that they could cause an unjustified prejudice to the legitimate commercial interests of public or private enterprises and affect, in consequence, the rights which corresponded to Members according to the rules of the TRIPS Agreement. He requested that this communication be included in the minutes of the meeting and distributed to all Members.
