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Seems like it is not just low patent quality standards that bedogs
the ICT sector in the US as far as intellectual property rights are
concerned... there is also the double standards on trademarks as the
IP Watch article intimates, and US compliance with international law
on trade marks... be interesting to see how ICANN deals with this if
or when this comes up with its new registry... <br>
<br>
Perhaps this article makes a case for both the internationalisation
of CIR crowd, and the status quoists. For the internationalisation
crowd it points to the lack of US candidature as a benevolent
dictator over CIR. For the status quoists it makes the point, see
how difficult it is to get anything done, best play the game and
maximise what can be wrought. <br>
<br>
Riaz<br>
<h2 class="posttitle"><br>
</h2>
<h2 class="posttitle"> United States Chided As TRIPS Scofflaw At WTO
</h2>
<small>Published on 26 March 2013 @ 8:02 pm</small>
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<p>By <a href="http://www.ip-watch.org/author/william/"
title="Posts by William New" rel="author">William New</a>,
Intellectual Property Watch</p>
<p>A clause found to be unfairly protecting a rum company’s US
market by denying trademark rights quietly stuck into a US
Congress appropriations bill in the deep of night in the late
1990s continues to haunt the halls of the World Trade Organization
– but that does not seem to trouble US trade authorities. And this
is not the only intellectual property-related case being met with
US indifference, an irony for possibly the biggest proponent of IP
rights in the world. <span id="more-27634"></span></p>
<p>“The conduct of the United States unscrupulously discredits the
WTO dispute settlement system and also constitutes an affront to
the intellectual property rights,” Cuba said today. </p>
<p>At a WTO Dispute Settlement Body meeting today, a number of WTO
members fired shots at the US delegation for its continued failure
to change its laws to comply with WTO rulings that found it out of
compliance on intellectual property-related issues. </p>
<p>This includes the case involving a rum trademark dating back over
a decade, and a more recent case involving a US online gambling
ban that led a WTO panel to authorise the Caribbean nation of
Antigua and Barbuda to extract payment by not protecting US IP
rights until it complies. </p>
<p>The irony of the US as IP scofflaw was not lost on competitors
like Antigua and Barbuda or Cuba, which said the US slackness
discredits its IP rights enforcement campaign as well as the very
WTO dispute settlement process itself. </p>
<p>“It is very ironic to observe the United States projecting laws
on intellectual property, despite keeping violations as egregious
as Section 211,” under which the Bacardi Company continues to
market rum labelled Havana Club, which is otherwise owned by Cuba
and partners. “This is one of the most famous cases of trademark
counterfeiting and conducting misleading advertising by a company
backed by the US legislation.” </p>
<p>The lack of any substantive change by the United States in
today’s report to the DSB “is irrefutable proof that this country
has [done] nothing during more than 11 years to comply with the
DSB recommendations and rulings, which ruled the incompatibility
of “Section 211 of the Omnibus Appropriations Act of 1998” with
the TRIPS Agreement and the Paris Convention,” the Cuban
ambassador to the WTO said in a translated statement. TRIPS is the
WTO Agreement on Trade-Related Aspects of Intellectual Property
Rights. Cuba has interest in the rum case because it is a part
owner of the rum trademark everywhere in the world except the
United States. </p>
<p>“The legislative projects to which the US delegation makes
reference in their reports each month remain stagnant because it
does not constitute a priority or real interest for the
administration or the Congress of that country,” Cuba said.
“However, by their displaying of incoherent foreign policy, we
frequently observe how that Member promotes initiatives in terms
of ‘enforcement of intellectual property rights.’” </p>
<p>For instance, Cuba said the recently announced US-European Union
trade agreement contains the goal of “maintaining and promoting a
high level of protection” of IPRs. </p>
<p>Even the 27-member European Union weighed in on the Section 211
case, thanking the US for its report and adding the hope that “US
authorities will very soon take steps towards implementing the DSB
ruling and resolve this matter.” The EU also urged that the US
also comply with another IP case – Section 110(5) of the US
Copyright Act – which involved the US commercial practice of
playing music recordings, such as Irish music, aloud in bars
without paying royalties. “We refer to our previous statements
that we would like to resolve this case as soon as possible,” the
EU said. </p>
<p>Venezuela joined Cuba in condemning the United States for its
failure to comply with the rum case, and raised deep concerns
about a continued lack of action. “This situation is unacceptable,
disappointing, and worrying, not only because it affects a
developing country member of this organisation, but also for the
grave repercussions against the credibility of DSB and the
multilateral system of trade,” Venezuela said in its statement
(unofficial translation).</p>
<p>Zimbabwe also spoke in support of Cuba, saying, “Once again, it
is regrettable that the United States of America continues to
disregard the rulings and recommendations of the WTO Dispute
Settlement Body in the dispute.” </p>
<p>The United States for its part had numerous complaints about
other nations, such as the European Union’s slow adherence to a
ruling requiring it to accept biotech products. </p>
<p>Antigua and Barbuda: Last Call for US Settlement</p>
<p>Meanwhile, in the high-profile online gambling case where Antigua
and Barbuda have been given the green light to retaliate under the
TRIPS Agreement by not protecting US IPRs, the tiny nation today
again appealed the United States to show progress toward complying
with the WTO ruling. </p>
<p>“The delegation of Antigua and Barbuda has so far not seen
substantial progress on compliance by the United States with the
DSB’s decision,” the country said in a shortened version of its
statement. “Nor have they seen substantial progress by the United
States in achieving a settlement with Antigua and Barbuda.” </p>
<p>The country said it is “disappointed” by the lack of progress as
the “negative consequences of this protracted impasse are very
real for Antigua and Barbuda.” It said the case is a test for
member states “seeking to determine whether the [WTO Dispute
Settlement Understanding] can deliver practical and timely
benefits for small and vulnerable countries.” </p>
<p>It demanded a reason why after 5 years the US still cannot honour
the DSB decision nor reach an agreed settlement. In January, the
DSB authorised Antigua and Barbuda to use cross-retaliation under
TRIPS to recover its damages. </p>
<p>“But before it sets its foot to that path, Antigua and Barbuda
appeals to the United States to make one last effort at bringing
its complex bureaucratic structure to a decision that will avoid
unpredictable consequences,” it said. “The delegation of Antigua
and Barbuda also appeals to the DSB to realize that justice
delayed is justice denied, and urges closer attention to the
systemic issues that surround this case that threaten the health
of the system the WTO has for the resolution of trade disputes.” </p>
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