[Federal Register Volume 65, Number 148 (Tuesday, August 1, 2000)]
[Notices]
[Pages 46999-47000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19367]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS-176]


WTO Dispute Settlement Proceeding Regarding United States of 
America--Section 211 of the Department of Commerce Appropriations Act, 
1999

AGENCY: Office of the United States Trade Representative.

ACTION: Notice; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of the United States Trade Representative 
(``USTR'') is providing notice of a request for the establishment of a 
dispute settlement panel under the Marrakesh Agreement Establishing the 
World Trade Organization (``WTO''), requested by the European 
Communities and their Member States (the ``EC''). The EC has asked that 
a panel examine whether section 211 of the ``Omnibus Appropriations Act 
of 1998'' [sic] is consistent with U.S. obligations under

[[Page 47000]]

the WTO Agreement on Trade-Related Aspects of Intellectual Property 
Rights (``TRIPs Agreement''). The statutory provision to which the EC 
refers is section 211 of the Department of Commerce Appropriations Act, 
1999, as included in Pub. L. 105-277 (``Section 211''). Section 211 
concerns the registration or enforcement, by Cuban entities or their 
successors in interest, of trademarks, trade-names, or commercial names 
that are substantially similar to trademarks, trade-names, or 
commercial names associated with businesses confiscated without 
compensation by the Cuban government, without the consent of the 
previous owners of the trademarks, trade-names or commercial names.

DATES: Although USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted by September 1, 2000, to be assured of timely consideration 
by 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: 
Section 211, Office of the United States Trade Representative, 600 17th 
Street, N.W., Washington, D.C., 20508.

FOR FURTHER INFORMATION CONTACT: L. Daniel Mullaney, Associate General 
Counsel, at (202) 395-3581.

SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay 
Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), USTR is providing 
notice that, on June 30, 2000, the EC submitted a request for the 
establishment of a WTO dispute settlement panel to examine the 
consistency of Section 211 with the WTO TRIPs Agreement. Under normal 
circumstances, the panel, which will hold its meetings in Geneva, 
Switzerland, is expected to issue a report detailing its findings and 
recommendations within six to nine months after it is established.

Major Issues Raised and Legal Basis of the Complaint

    In its request for the establishment of a panel, the EC alleges 
that three substantive provisions of section 211 are inconsistent with 
the TRIPs Agreement:
    1. The EC alleges that Section 211(a)(1) limits the right to 
register or renew trademarks, trade-names or commercial names at the 
United States Patent and Trademark Office, in violation of TRIPs 
Article 2.1, in conjunction with Article 6 quinquies A(1) of the Paris 
Convention for the Protection of Industrial Property (1967) (``Paris 
Convention''), and TRIPs Article 15.1. The EC alleges that Section 
211(a)(1) does this by, in the case of trademarks, trade-names and 
commercial names that are substantially similar to trademarks, trade-
names, or commercial names associated with businesses confiscated 
without compensation by the Cuban government, requiring the consent of 
the original owner or his successor-in-interest of the trademark, 
trade-name, or commercial name.
    2. The EC alleges that Section 211(a)(2)--by providing that U.S. 
courts shall not recognize, enforce, or otherwise validate common law 
or registration rights asserted by designated nationals or their 
successors in interest in trademarks, trade-names and commercial names 
that are substantially similar to trademarks, trade-names and 
commercial names associated with businesses confiscated without 
compensation by the Cuban government--violates TRIPs Art. 2.1, in 
conjunction with Articles 6 bis (1) and 8 of the Paris Convention, and 
TRIPs Article 16.1 (which require WTO Members to provide protection for 
well-known trademarks and for trade-names). The EC also alleges that 
Section 211(a)(2) violates the TRIPs enforcement provisions, such as 
TRIPs Article 42, and the most favored nation and national treatment 
provisions of the TRIPs Agreement (TRIPs Articles 3.1, 2.1 (in 
conjunction with Article 2(1) of the Paris Convention), and 4).
    3. Finally, the EC alleges that Section 211(b)--by providing that 
U.S. courts shall not recognize, enforce, or otherwise validate treaty 
rights asserted by designated nationals or their successors in interest 
in trademarks, trade-names and commercial names that are substantially 
similar to trademarks, trade-names, or commercial names associated with 
businesses confiscated without compensation by the Cuban government 
(unless the original owner consents)--violates TRIPs Art. 2.1, in 
conjunction with Articles 6 bis (1) and 8 of the Paris Convention 
(requiring protection of well-known trademarks and trade-names) and 
TRIPs Articles 3.1, 4, 16.1, and 42 (provisions concerning most favored 
nation treatment, national treatment, trademark rights conferred, and 
fair and equitable enforcement procedures).

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 
addressed 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.
    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 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 of 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, 
NW., 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 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/
DS-176, ``Section 211'') made be made by calling Brenda Webb, (202) 
395-6186. The 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. 00-19367 Filed 7-31-00; 8:45 am]
BILLING CODE 3190-01-M