[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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