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Cases involving the EU

WT/DS176 - Section 211 Omnibus Appropriations Act

Last update: 21/02/2008

  • Complaint by: EU
  • Complaint against: United States
  • Third parties:
    Canada - Japan - Nicaragua
Summary of case:

Section 211 requires the consent of the original owner to register, renew or assert rights to trademarks or trade names that are the same or substantially similar to marks or trade names used in a business confiscated during the Cuban revolution.

Relevant WTO provision:

TRIPS (2, 15, 16, 41, 42, 62)

Current situation:

The reasonable period of time to implement the DSB ruling expired on 30 June 2005. The EC has decided not to request authorisation to retaliate at this stage and reached an agreement with the US preserving each other’s rights in the future. If the EC decides at some future date to request from the DSB authorisation to retaliate, the United States has undertaken not to block that request on the ground that such DSB action would not be within 30 days of the expiry of the implementation period. The United States retains the right to object to the level of suspension proposed, or to claim that the principles and procedures set forth in Article 22.3 of the DSU have not been followed, and to have the matter referred to arbitration under Article 22.6 of the DSU. This agreement was endorsed by a decision of the DSB at its meeting of 20 July 2005.

Consultation:

Date of request: 07/07/1999

Panel:

Date of request: 30/06/2000
Date of establishment: 26/09/2000
Date of circulation of report: 06/08/2001

Appeal:

Date of request: 04/10/2001
Date of circulation of report: 02/01/2002

Date of adoption - panel/AB report:

02/02/2002

Implementation deadline:

30/06/2005

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