28. The representative of Cuba said that the additional information provided by the United States had only been received the day preceeding this Council meeting. His delegation had not had time to study it and, consequently, was not yet in a position to comment on it. He echoed the comments of the representative of the European Communities and underlined the need to demonstrate the compatibility of this legislation with various provisions of the Agreement. Efforts made by Cuba and other delegations had, to date, not been fruitful in getting the United States to comment on the issues raised by his country concerning Section 211. He reiterated that the delegation of the United States had limited itself to reproducing a compendium of legal texts. The communications of the United States, addressed to Cuba and circulated in documents IP/C/W/139 and IP/C/W/139/Add.1, neither provided sufficient information on, nor showed good faith implementation of, the obligations under the TRIPS Agreement. For these reasons, his delegation did not believe that the United States had fulfilled its obligation under Article 63.3 to furnish information in sufficient detail concerning the compatibility of Section 211 with the TRIPS Agreement. Continuing, he noted that, at the time of the Council's reviews of the United States' legislation, Section 211 had not yet been promulgated so that it could not be analysed in the light of the TRIPS Agreement. Given that the Section had not been notified in accordance with the obligations under Article 63.2 of the Agreement and the procedure established by the Council as contained in document IP/C/2, Cuba would take the necessary measures in the hope that this obligation would be fulfilled. He therefore requested that this item be kept on the Council's agenda at its next meeting in the hope that the United States would fulfil its obligations under Article 63.2.
