Compte rendu ‒ Conseil des ADPIC ‒ Afficher les détails de l'intervention/la déclaration

Ambassador Carlos Pérez del Castillo (Uruguay)
Union européenne
C SECTION 211 OF THE UNITED STATES OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS ACT
17. The representative of the European Communities said that he wished to reiterate his delegation's concerns about the impact of Section 211 of the United States Omnibus Consolidated and Emergency Supplemental Appropriations Act enacted in October 1998. This section, in his view, reduced the availability of the protection of trademarks and trade names in the United States of Cuban right holders or companies that established partnerships with Cuban right holders. Section 211 raised serious doubts with respect to its compatibility with the provisions of the TRIPS Agreement. His concerns related to the denial of national treatment and most-favoured-nation treatment, as well as the denial of adequate protection of trademarks and of available enforcement procedures. His delegation was even more worried since, recently, the section had been applied retroactively by a United States District Court in litigation between private parties and in spite of the fact that no implementing rules and regulations had been promulgated by the United States Government as required by Section 211. For these reasons, his delegation would like to state its disappointment with the information provided by the United States and invited the United States to explain how Section 211 could be justified under the provisions of the TRIPS Agreement. His delegation would, of course, expect the United States to remove any inconsistencies between Section 211 and the TRIPS Agreement and to fully comply with the obligations of the Agreement.
IP/C/M/23