[Federal Register Volume 64, Number 140 (Thursday, July 22, 1999)]
[Notices]
[Page 39552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18736]


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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/D-170]


WTO Dispute Settlement Proceeding Regarding Canada--Patent Term

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

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SUMMARY: The Office of the United States Trade Representative 
(``USRT'') is providing notice of the request for the establishment of 
a dispute settlement panel under the Marrakesh Agreement Establishing 
the World Trade Organization (``WTO''), by the United States, to 
examine the Canadian Patent Act. In this dispute, the United States 
alleges that the patent term granted by the Canadian patent Act is 
inconsistent with obligations of Canada under the Agreement on Trade-
Related Aspects of Intellectual Property Rights (``TRIPS Agreement''). 
The USTR invites written comments from the public concerning the issues 
raised in this dispute.

DATES: Although the USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted by September 1, 1999, to be assured of timely consideration 
by the USTR in preparing its first written submission to the panel.

ADDRESSES: Comments may be submitted to Sandy McKinzy, Litigation 
Assistant, Office of Monitoring and Enforcement, Room 122, Attn: Canada 
Patent Term Dispute, Office of the United States Trade Representative, 
700 17th Street NW, Washington, DC 20508.

FOR FURTHER INFORMATION CONTACT: Geralyn Ritter, Assistant General 
Counsel, (202) 395-6800.

SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay 
Round Agreements (URAA)(19 U.S.C. 3537(b)(1), USTR is providing notice 
that on July 15, 1999, the United States submitted a request for the 
establishment of a WTO dispute settlement panel to examine whether the 
patent term as provided by the Canadian Patent Act is inconsistent with 
certain provisions of the TRIPS Agreement. The WTO Dispute Settlement 
Body (``DSB'') will consider the United States' request for the 
establishment of a panel for the first time on July 26, 1999.

Major Issues Raised and Legal Basis of the Complaint

    The TRIPS Agreement obligates all Members of the WTO to grant a 
term of protection for patents that runs at least until twenty years 
after the filing date of the underlying application. The TRIPS 
Agreement also requires each Member to grant this minimum term to all 
patents existing as of the date of the application of the Agreement to 
that Member. Canada has been obligated to apply the provisions of the 
TRIPS Agreement in full since January 1, 1996. However, the Canadian 
Patent Act provides that the term granted to patents issued on the 
basis of applications filed before October 1, 1989, is 17 years from 
the date on which the patent is issued. The United States considers 
this to be inconsistent with Canada's obligations under Articles 33 and 
70 of the TRIPS Agreement.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in this dispute. Comments must be in 
English and provided in fifteen copies to Sandy McKinzy at the address 
provided above. 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 submitting 
person. Confidential business information must be clearly marked 
``BUSINESS CONFIDENTIAL'' in a contrasting color ink at the top of each 
page of each copy.
    Informaiton or advice contained in a comment submitted, other than 
business confidential information, may be determined by the 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 submitting person believes that 
information or advice may qualify as such, the submitting person--
    (1) Must so designate the 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)), the 
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, NW., 
Washington DC 20508.The public file will include a listing of any 
comments received by the 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 parties 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-
170, Canada Patent Term) 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.
A. Jane Bradley,
Assistant U.S. Trade Representative for Monitoring and Enforcement.
[FR Doc. 99-18736 Filed 7-21-99; 8:45 am]
BILLING CODE 3190-01-M