[Federal Register Volume 69, Number 43 (Thursday, March 4, 2004)]
[Notices]
[Pages 10287-10288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4805]


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

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. WTO/DS 174]


WTO Dispute Settlement Proceeding Regarding European 
Communities--Protection of Trademarks and Geographical Indications for 
Agricultural Products and Foodstuffs

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 that on February 23, 2004, a WTO dispute settlement 
panel was composed to examine the European Communities Regulations 
2081/92, as amended, which governs the protection of geographical 
indications for agricultural foodstuffs. USTR invites written comments 
from the public concerning the issues raised in this dispute.

DATES: Although USTR will accept any comments received during the 
course of the dispute settlement proceedings, comments should be 
submitted on or before March 26, 2004, to be assured of timely 
consideration by USTR.

ADDRESSES: Comments should be submitted (i) electronically, to 
[email protected], with ``EC GI's Dispute (DS174)'' in the subject line, 
or (ii) by fax, to Sandy McKinzy at (202) 395-3640, with a confirmation 
copy sent electronically to the electronic mail address above, in 
accordance with the requirements for submission set out below.

FOR FURTHER INFORMATION CONTACT: Victoria A. Espinel, Associate General 
Counsel, Office of the United States Trade Representative, 600 17th 
Street, NW., Washington, DC, (202) 395-5961.

SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round 
Agreements Act (URAA) (19 U.S.C. 3537(b)(1)) requires that notice and 
opportunity for comment be provided for the establishment of a WTO 
dispute settlement panel. The panel, which would hold its meetings in 
Geneva, Switzerland, is expected to issue a report on its findings and 
recommendations within six to nine months after it is established.

Major Issues Raised by the United States

    EC Council Regulation (EEC) No 2081/92 of July 14, 1992, as 
amended, governs the protection of geographical indications and 
designations of origin for agricultural products and foodstuffs. The 
United States believes this measure to be inconsistent with several 
provisions of the WTO Trade-Related Aspects of Intellectual Property 
Agreement, including Articles 1.1, 2.1 (incorporating by reference 
Article 2 of the Paris Convention for the Protection of Industrial 
Property (1967), 3.1, 4, 16.1, 20, 22.1, 22.2, 24.5, 41.1, 41.2, 41.4, 
42, 44.1, 63.1, 63.3 and 65.1.) The United States also believes that 
the measure is inconsistent with Articles I and III:4 of the GATT 1994.
    The U.S. concerns are, inter alia, that Regulation 2081/92 does not 
provide the same treatment to other nationals and products originating 
outside the EC that

[[Page 10288]]

it provides to the EC's own nationals and products, does not accord 
immediately and unconditionally to the nationals and products of each 
WTO Member any advantage, favor, privilege or immunity granted to the 
nationals and products of other WTO Members, diminishes the legal 
protection for trademarks (including to prevent the use of an identical 
or similar sign that is likely to confuse and adequate protection 
against invalidation), does not provide legal means for interested 
parties to prevent the misleading use of a geographical indication, 
does not define a geographical indication in a manner that is 
consistent with the definition provided in the TRIPS Agreement, is not 
sufficiently transparent, and does not provide adequate enforcement 
procedures.
    The U.S. panel request can be downloaded from the WTO Web site, at 
http://docsonline.wto.org:80/DDFDocuments/t/WT/DS/174-20.doc.

Public Comment: Requirements for Submissions

    Interested persons are invited to submit written comments 
concerning the issues raised in this dispute. Persons submitting 
comments may either send one copy by fax to Sandy McKinzy at (202) 395-
3640, or transmit a copy electronically to [email protected], with ``EC 
GI's Dispute (DS174)'' in the subject line. For documents sent by fax, 
USTR requests that the submitter provide a confirmation copy to the 
electronic mail address listed above.
    USTR encourages the submission of documents in Adobe PDF format, as 
attachments to an electronic mail. Interested persons who make 
submissions by electronic mail should not provide separate cover 
letters; information that might appear in a cover letter should be 
included in the submission itself. Similarly, to the extent possible, 
any attachments to the submission should be included in the same file 
as the submission itself, and not as separate files.
    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 submitter. 
Confidential business information must be clearly designated as such 
and marked ``BUSINESS CONFIDENTIAL'' at the top and bottom of the cover 
page and each succeeding page of the submission.
    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 clearly so designate the information or advice;
    (2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE'' 
at the top and bottom of each page of the cover page and each 
succeeding page; 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, which is located at 1724 F 
Street, NW., Washington, DC 20508. The public file will include non-
confidential comments by USTR from the public with respect to the 
dispute; if a dispute settlement panel is convened, the U.S. 
submissions to that panel, 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 panel; and, if applicable, 
the report of the Appellate Body. An appointment to review the public 
file (Docket No. WT/DS-174, EC Geographical Indications Dispute) may be 
made by calling the USTR Reading Room at (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.

Daniel Brinza,
Assistant United States Trade Representative for Monitoring and 
Enforcement.
[FR Doc. 04-4805 Filed 3-3-04; 8:45 am]
BILLING CODE 3190-01-M