[Ip-health] Antigua Creating Platform To Monetise Suspended US IP Rights From WTO Case

Riaz K Tayob riaz.tayob at gmail.com
Fri Oct 25 12:41:49 PDT 2013

[woooo hooooo]

    Antigua Creating Platform To Monetise Suspended US IP Rights From
    WTO Case

Published on 24 October 2013 @ 1:11 am

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By William New <http://www.ip-watch.org/author/william/>, Intellectual 
Property Watch

The government of Antigua and Barbuda is said to be taking steps to set 
up a platform to allow the tiny Caribbean nation to monetise or 
otherwise take advantage of the suspension of US intellectual property 
rights, as it is permitted to do by a World Trade Organization dispute 
panel. The WTO panel had ruled that Antigua could make up its loss in IP 
rights for US measures blocking Antiguan online gambling in the US.

A WTO Remedies Implementation Committee in Antigua and Barbuda, made up 
of experts in IP and trade law, information technology, and economics 
has held a meeting "geared toward harvesting benefits" of the WTO case, 
according to a 23 October Antigua release. The committee is chaired by 
Attorney General Justin Simon, and includes Ambassador Colin Murdoch and 
chief legal counsel in the WTO matter, Mark Mendel.

"The Committee is said to be recommending the establishment by the 
Government of Antigua & Barbuda of a statutory body to own, manage and 
operate the ultimate platform to be created for the monetisation or 
other exploitation of the suspension of American intellectual property 
rights authorised earlier this year by the WTO," the release said. It is 
understood that the necessary domestic legislation to implement the 
remedies is in the final stages of preparation for submission to 

Additionally, it said, "an announcement regarding the opening of tenders 
for private sector participation in the operating of the platform should 
be announced shortly."

Antigua and Barbuda Prime Minister Baldwin Spencer expressed support for 
the committee's work, the release said.

"In the face of the ongoing failure of the United States to negotiate 
with Antigua and Barbuda a reasonable settlement of this dispute, the 
implementation of trade remedies awarded by the WTO is an important 
international responsibility," he said. "I am pleased that the Committee 
continues working with expedience, meeting as scheduled and focusing on 
its mandate to utilise the WTO remedies in a responsible and proper 
manner. This will give Antigua & Barbuda a tangible benefit for our 
years of perseverance on this matter."

"Be assured that resolving the WTO Gaming case in a fair, reasonable and 
positive way is a top priority of the Government of Antigua and 
Barbuda," the prime minister said.

The platform could be a website offering unprotected US content. The 
case allows for cross-retaliation in the millions of dollars (/IPW/, 
WTO/TRIPS, 3 September 2009 
Antigua and Barbuda has claimed the damage of the US measures has been 
in the billions of dollars.

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