[Ip-health] Tangential - Antigua And Barbuda WTO Gaming Negotiation Team Convenes High Level Meeting In Washington

Riaz K Tayob riaz.tayob at gmail.com
Thu Nov 14 12:38:42 PST 2013

[tangential but.... cross retaliation on TRIPs... ]

Antigua And Barbuda WTO Gaming Negotiation Team Convenes High Level 
Meeting In Washington
Logon to vibesantigua.com... Antigua News
Press Release
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Antigua & Barbuda, November 13, 2013 -- Antigua & Barbuda’s WTO Gaming 
Negotiation Team is slated to convene a meeting with the Office of the 
United States Trade Representatives (USTR) on 14th November 2013 in 
Washington, DC. This meeting is aimed at resolving the long standing WTO 
cross-border supply of gaming services dispute between Antigua & Barbuda 
and the United States.

The Prime Minister of Antigua & Barbuda, The Hon. Winston B. Spencer has 
expounded publically that resolving this issue in a fair, reasonable and 
positive manner is a top priority of his Government. Antigua & Barbuda’s 
Negotiating Team from capital comprises of Ambassador Colin Murdoch, 
Permanent Secretary (Trade, Industry & Commerce), Mrs. Kaye McDonald, 
Director of Offshore Gaming (FSRC) and Ms. Joy-Marie King (Trade, 
Industry & Commerce).

The capital based officials will join Her Excellency Dame Deborah-Mae 
Lovell (Ambassador to the USA & Permanent Representative to the OAS), 
Mrs. Joydee Davis Lake (First Secretary Washington Mission) and Mrs. 
Ann-Marie Layne-Campbell (Consul General Toronto Mission) along with the 
nation’s legal counsel in the WTO matter Mr. Mark Mendel.


The United States breached commitments it made to WTO members under the 
General Agreement on Trade in Services (the “GATS”) by maintaining and 
enforcing laws which act to prevent foreign-based operators--including 
those based in Antigua and Barbuda--from offering gambling and betting 
services on a cross-border basis to consumers located in the United States.

The WTO ruled back in 2004 that these laws contravened the obligations 
of the United States under the GATS and directed the Americans to bring 
their laws into compliance with their GATS obligations. The initial 
ruling was upheld on appeals and despite occasional claims of 
compliance, the United States remains in violation of international law. 
Sustained attempts by the Antiguan government to negotiate a reasonable 
and balanced settlement have not been effective, as the United States 
has failed to engage with Antigua and Barbuda to date in any meaningful way.

Recourse to the suspension of concessions and other obligations in 
respect of US intellectual property rights was first awarded by the WTO 
in late 2007 and confirmed in January 2013. The suspension of these 
rights is a remedy conferred by the WTO agreements as a means to 
encourage members to comply with rulings against them.

In light of the final ruling, Antigua & Barbuda has undertaken steps to 
exercise the rights stipulated by the DSB verdict with the formation of 
its WTO Remedies Implementation Committee which is tasked with designing 
an instrument to carry out the suspension of intellectual property 
rights of United States companies.

The committee is chaired by the Attorney General Hon. Justin Simon QC 
and includes Permanent Secretary in the Department of Trade, Industry 
and Commerce, Ambassador Colin Murdoch; Magistrate and Deputy Registrar 
of Intellectual Property, Conliffe Clarke; Legislative Drafter in the 
Department of Legal Affairs, Ayesha Baisden; Deputy Financial Secretary 
in the Department of Finance, John Edwards; Mr. Daryl Jackson, 
Information Technology Consultant within the Ministry of Information and 
Ms. Joy-Marie King (Trade, Industry & Commerce) along with legal 
counsel, Mr. Mark Mendel.

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