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Trade

WT/DS176 - United States - Section 211 Omnibus Appropriations Act

WTO dispute settlement case - Launched by the EU

Country or region
United States
Trade topics
Dispute settlement
Dispute settlement
WTO - Case launched by the EU

Summary of the case

  • Complaint by: EU
  • Complaint against: United States
  • Third parties: Canada, Japan, Nicaragua

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)

Status

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.

  • Consultations requested: 07 July 1999
  • Panel requested: 30 June 2000
  • Panel established: 26 September 2000
  • Panel report circulated: 06 August 2001
  • Appeal requested: 04 October 2001
  • Appeal report circulated: 02 January 2002
  • Panel/Appellate Body report adopted: 02 February 2002
  • Implementation deadline: 30 June 2005

Documents

EU submissions and other related documents

Full case details and WTO documents on the WTO website