[Federal Register Volume 63, Number 22 (Tuesday, February 3, 1998)]
[Notices]
[Pages 5599-5600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2595]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/D-16]
WTO Dispute Settlement Proceedings: Ireland--Measures Affecting
the Grant of Copyright and Neighboring Rights, and European
Communities--Measures Affecting the Grant of Copyright and Neighboring
Rights
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
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SUMMARY: Pursuant to section 127(b)(1) of the Uruguay Round Agreements
Act (URAA) (19 U.S.C. 3537(b)(1)), the Office of the United States
Trade Representative (USTR) is providing notice that the United States
has requested the establishment of a dispute settlement panel under the
Agreement Establishing the World Trade Organization, to examine whether
the legal regime in Ireland complies with the obligations in the
Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS Agreement). USTR also invites written comments from the public
concerning the issues raised in these disputes.
DATES: Although USTR will accept any comments received during the
course of the dispute settlement proceedings, comments should be
submitted on or before February 20, 1998, to be assured of timely
consideration by USTR in preparing its first written submission to the
panel.
ADDRESSES: Comments may be submitted to Greg Gerdes, Office of
Monitoring and Enforcement, Room 501, Attn: Ireland TRIPS Dispute,
Office of the U.S. Trade Representative, 600 17th Street, N.W.,
Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT:
Claude Burcky, Director for Intellectual Property (202) 395-6864, or
Geralyn S. Ritter, Associate General Counsel, (202) 395-6800, Office of
the U.S. Trade Representative, 600 17th Street, N.W., Washington, DC
20508.
SUPPLEMENTARY INFORMATION: On January 9, 1998, the United States
formally requested establishment of a WTO dispute settlement panel to
examine whether the legal regime in
[[Page 5600]]
Ireland is inconsistent with the obligations of the TRIPS Agreement.
The WTO Dispute Settlement Body (DSB) considered the U.S. request at
its meeting on January 22, 1998. Under the WTO Understanding on Rules
and Procedures Governing the Settlement of Disputes, the DSB must
establish a panel at the next DSB meeting where this request is on the
agenda, unless the DSB determines by consensus otherwise. Under normal
circumstances, the panel would be expected to issue a report detailing
its findings and recommendations within six to nine months after it is
established.
Major Issues Raised by the United States and Legal Basis of Complaints
In separate cases filed against Ireland and the European
Communities, the United States has requested the establishment of a
panel to examine whether the legal regime in Ireland fails to conform
to the obligations in Articles 9, 13, 14, 41, 42, 43, 44, 45, 46, 47,
48, 61, 63, 65 and 70 of the TRIPS Agreement.
All developed country Members of the World Trade Organization
(``WTO'') are currently obligated to provide copyright and neigbouring
rights in accordance with Section 1 of Part II, and the related
provisions in Article 70, of the TRIPS Agreement. Such Members are also
obligated to comply with the enforcement provisions in Sections 1, 2
and 5 of Part III of the TRIPS Agreement.
Ireland and the European Communities were obligated to implement
the provisions of the TRIPS Agreement as of January 1, 1996. The legal
regime in Ireland, however, does not comply fully with the obligations
described in Articles 9, 13, 14, 41, 42, 43, 44, 45, 46, 47, 48, 61, 65
and 70. In addition, to the extent that Ireland and the European
Communities have adopted measures to implement Articles 9, 13, 14, 41,
42, 43, 44, 45, 46, 47, 48, 61, 65 and 70 of the TRIPS Agreement, but
have not published such measures or notified them to the Council for
TRIPS, they have failed to comply with Article 63 of the TRIPS
Agreement.
Article 9 of the TRIPS Agreement establishes the relationship of
the TRIPS Agreement to the Paris Act of the Berne Convention for the
Protection of Literary and Artistic Works of 24 July 1971 (``Berne
Convention''), and requires that Members comply with Articles 1 through
21 of the Berne Convention and the Appendix thereto, with the exception
of Article 6bis of that Convention. The legal regime in Ireland fails
to comply with Article 9 of the TRIPS Agreement because it is
inconsistent with the Berne Convention in various respects. For
example, the legal regime in Ireland does not cover translations of
official works, protection of architectural works, anonymous and
pseudonymous works, and ownership of rights in film.
Under the TRIPS Agreement, Members must confine limitations and
exceptions to exclusive rights required under Section 1 of Part II ``to
certain special cases which do not conflict with a normal exploitation
of the work and do not unreasonable prejudice the legitimate interests
of the right holder.'' Under the legal regime in Ireland, the
exceptions to right holders' exclusive rights exceed those permissible
under Article 13 of the TRIPS Agreement.
In Article 14, the TRIPS Agreement contains requirements regarding
the grant of rental rights to producers of phonograms and any other
right holder in phonograms. The legal regime in Ireland is not
consistent with this provision.
The legal regime in Ireland does not provide civil remedies with
respect to the unauthorized making of phonograms or cinematographic
films from a performance and the unauthorized broadcast of such
performance. The legal regime in Ireland is thus inconsistent with
Sections 1 and 2 of Part III of the TRIPS Agreement.
Under article 61 of the Trips Agreement, Members must provide for
criminal procedures and penalties to be applied in cases of copyright
piracy on a commercial scale. Remedies available must include
``imprisonment and/or monetary fines sufficient to provide a deterrent
* * *.'' Under Article 41 of the TRIPS Agreement, Members must ensure
that the enforcement procedures specified in the Agreement are
available under their law so as to ``permit effective action against
any act of infringement of intellectual property rights'' covered by
the TRIPS Agreement, including ``remedies which constitute a deterrent
to further infringements.'' The criminal fines and terms of
imprisonment available under the legal regime in Ireland are
insufficient to provide an effective deterrent against copyright piracy
in Ireland.
The legal regime in Ireland also does not provide adequate
protection to pre-existing works, phonograms, and performances for a
full term of protection. In this respect, the legal regime in Ireland
is inconsistent with Articles 9, 12, 14 and 70 of the TRIPS Agreement.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in the dispute. Comments must be in
English and provided in fifteen copes. A person requesting that
information contained in a comment submitted by that person be treated
as confidential business information must certify that such information
is business confidential and would not customarily be released to the
public by the commenter. Confidential business information must be
clearly marked ``BUSINESS CONFIDENTIAL'' in a contrasting color ink at
the top of each page of each copy.
Information or advice contained in a comment submitted, other than
business confidential information, may be determined by USTR to be
confidential in accordance with section 135(g)(2) of the Trade Act of
1974 (19 U.S.C. 2155(g)(2)). If the submitter believes that information
or advice may qualify as such, the submitter--
(1) Must so designate that information or advice;
(2) must clearly mark the material as ``SUBMITTED IN CONFIDENCE''
in a contrasting color ink at the top of each page of each copy; and
(3) is encouraged to provide a non-confidential summary of the
information or advice.
Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), USTR
will maintain a file on this dispute settlement proceeding, accessible
to the public, in the USTR Reading Room: Room 101, Office of the United
States Trade Representative, 600 17th Street, N.W., Washington DC
20508. The public file will include a listing of any comments received
by USTR from the public with respect to the proceeding; the U.s.
submissions to the panel in the proceeding; the submissions, or non-
confidential summaries of submissions, to the panel received from other
participants in the dispute, as well as the report of the dispute
settlement panel and, if applicable, the report of the Appellate Body.
An appointment to review the public file (Docket WTO/D-16 (``Ireland/EC
TRIPS Implementation'') may be made by calling Brenda Webb, (202) 395-
6186. The USTR Reading Room is open to the public from 9:30 a.m. to 12
noon and 1 p.m. to 4 p.m., Monday through Friday.
Amelia Porges,
Senior Counsel for Dispute Settlement.
[FR Doc. 98-2595 Filed 2-2-98; 8:45 am]
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