1. The representative of Peru said that his delegation had been following this issue with interest since the request made by the Cuban authorities in December 1998 to the Government of the United States to provide detailed information about the compatibility of Section 211 of the United States Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1998 with the provisions of the TRIPS Agreement. His delegation had analysed the communications which had been provided by the parties and also the various statements made on the issue in the Council. It had come to a view that coincided with the statement made by the representative of the EC and also with those made by the representatives of the Dominican Republic, Indonesia, Malaysia, Haiti, India, Honduras and Venezuela at the previous meeting. These delegations' concerns about the nature, scope and effect of Section 211 were justified. His delegation was particularly concerned about the fact that Section 211 reduced the protection accorded to trade names and trademarks in the United States for Cuban right holders and for any enterprise or business which might have relations, of any nature, with them. As in practical terms no protection was offered to trademarks and trade names of the right holders concerned, their interests were affected as well as the principles of national and most-favoured-nation treatment.
