[A2k] IP-Watch: United States Chided As TRIPS Scofflaw At WTO

Thirukumaran Balasubramaniam thiru at keionline.org
Tue Mar 26 16:14:35 PDT 2013



Even the 27-member European Union weighed in on the Section 211 case, thanking the US for its report and adding the hope that “US authorities will very soon take steps towards implementing the DSB ruling and resolve this matter.” The EU also urged that the US comply with another IP case – Section 110(5) of the US Copyright Act – which involved the US commercial practice of playing music recordings, such as Irish music, aloud in bars without paying royalties. “We refer to our previous statements that we would like to resolve this case as soon as possible,” the EU said.


Antigua and Barbuda: Last Call for US Settlement

Meanwhile, in the high-profile online gambling case where Antigua and Barbuda have been given the green light to retaliate under the TRIPS Agreement by not protecting US IPRs, the tiny nation today again appealed the United States to show progress toward complying with the WTO ruling.

“The delegation of Antigua and Barbuda has so far not seen substantial progress on compliance by the United States with the DSB’s decision,” the country said in a shortened version of its statement. “Nor have they seen substantial progress by the United States in achieving a settlement with Antigua and Barbuda.”

The country said it is “disappointed” by the lack of progress as the “negative consequences of this protracted impasse are very real for Antigua and Barbuda.” It said the case is a test for member states “seeking to determine whether the [WTO Dispute Settlement Understanding] can deliver practical and timely benefits for small and vulnerable countries.”

It demanded a reason why after 5 years the US still cannot honour the DSB decision nor reach an agreed settlement. In January, the DSB authorised Antigua and Barbuda to use cross-retaliation under TRIPS to recover its damages.

“But before it sets its foot to that path, Antigua and Barbuda appeals to the United States to make one last effort at bringing its complex bureaucratic structure to a decision that will avoid unpredictable consequences,” it said. “The delegation of Antigua and Barbuda also appeals to the DSB to realize that justice delayed is justice denied, and urges closer attention to the systemic issues that surround this case that threaten the health of the system the WTO has for the resolution of trade disputes.”


Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)

thiru at keionline.org

Tel: +41 22 791 6727
Mobile: +41 76 508 0997

More information about the A2k mailing list