dean22029/WTO_Docs huggingface dataset:
CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK AND THE EXPORTATION OF DAIRY PRODUCTS
Document: Request by Canada for Arbitration under Article 22.6 of the DSU
Date: 28 February 2001
Document codes: WT/DS113/18; WT/DS113/17
Complainant: New Zealand
Respondent: Canada
Third parties: Argentina, Australia, EU, Japan, Mexico, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 8, 9, 10  AgricultureArt. X:1  GATT 1994

CANADA – MEASURES AFFECTING THE IMPORTATION OF MILK
AND THE EXPORTATION OF DAIRY PRODUCTS
Request by Canada for Arbitration under Article 22.6 of the DSU
The following communication, dated 28 February 2001, from the Permanent Mission of
Canada to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 22.6 of the
DSU.
Pursuant to Article 22.6 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (DSU), Canada objects to the level of suspension of tariff concessions and
other obligations under the General Agreement on Tariffs and Trade 1994 proposed by New Zealand
in its letter dated 16 February 2001 (document ).
Without prejudice to its position with respect to the WTO-consistency of Canada's
implementing measures, which will be examined by the Article 21.5 panel requested by New Zealand
in its letter also dated 16 February 2001 (document ), Canada considers that the level of
suspension proposed by New Zealand is not equivalent to the level of the nullification or impairment
of benefits accruing to New Zealand as a result of the alleged failure of Canada to comply with the
recommendations and rulings of the Dispute Set tlement Body in the matter "" (WT/DS113).
In accordance with the provisions of Article 22.6 of the DSU and as envisaged in the "Agreed
Procedures between Canada and New Zealand under Articles 21 and 22 of the DSU in the follow-up
to the dispute in "" (WT/DS113)" (), Canada therefore requests that this matter be referred to
arbitration.
CANADA - PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS
Document: Request for Consultations by the European Communities
Date: 12 January 1998
Document codes: WT/DS114/1; G/L/221; IP/D/11
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, Colombia, Cuba, India, Israel, Japan, Poland, Switzerland, Thailand, U.S.
Dispute stage: Panel
Agreements cited: Art. 27, 28, 33  Intellectual Property (TRIPS)

CANADA - PATENT PROTECTION OF
PHARMACEUTICAL PRODUCTS
Request for Consultations by the European Communities
The following communication, dated 19 December 1997, from the Permanent Delegation of
the European Commission to the Permanent Mission of Canada and to the Dispute Settlement Body,
is circulated in accordance with Article 4.4 of the DSU.
Pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), Article 64 of the Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPs Agreement) in conjunction with Article XXII of the General Agreement on Tariffs and
Trade 1994 (GATT 1994), we request consultations on behalf of the European Communities and their
Member States with the Government of Canada regarding the protection of inventions in the area of
pharmaceuticals under the relevant provisions of the Canadian implementing legislation (in particular
the Patent Act) in relation to its obligations under the TRIPs Agreement.
By virtue of the TRIPs Agreement, Members of the World Trade Organisation (WTO) are
required to provide:
- for patent protection without discrimination as to the field of technology (Article 27.1
of the TRIPs Agreement);
- thatpatents confer ontheir ownersthe exclusive rightto prevent thirdparties not having
the owner’ s consent from, among others, the acts of making and using the patented
product (Article 28 of the TRIPs Agreement);
- for a term of protection of a period of 20 years counted from the filing date (Article 33
of the TRIPs Agreement).
UnderCanadian patentlegislation,however, a thirdparty may, without the consent of the patent
holder, use a patented invention to:
- carry out experiments and tests required (proof of safety and bio-equivalency) to obtain
marketing approval of the copy of an innovative medicine before the expiration of the
relevant patent in order to ensure market access immediately following the patent expiry;
- manufacture and stockpile patented products for a period of up to six months before
patent expiry for sale after expiry.

IP/D/11

In the view of the European Communities and their Member States, Canada’ s patent legislation
is not compatible with Canada’ s obligations under the TRIPs Agreement, since it does not provide
for the full protection of patented pharmaceutical inventions for the entire duration of the term of
protection as foreseen under Articles 27.1, 28 and 33 of the TRIPs Agreement.
We look forward to receiving your reply to the present request for consultations and to agreeing
on a mutually acceptable date on which these consultations can be held.
CANADA - PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS
Document: Original: English CANADA - PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS Request to Join Consultations Communication from the United States
Date: 29 January 1998
Document codes: WT/DS114/2
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, Colombia, Cuba, India, Israel, Japan, Poland, Switzerland, Thailand, U.S.
Dispute stage: Panel
Agreements cited: Art. 27, 28, 33  Intellectual Property (TRIPS)

CANADA - PATENT PROTECTION OF
PHARMACEUTICAL PRODUCTS
Request to Join Consultations
Communication from the United States
The following communication, dated 22 January 1998, from the Permanent Mission of the
United States to the Permanent Mission of Canada, to the Permanent Delegation of the European
Commission and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the
DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), the United States Government hereby notifies the European
Communities that, in light of the substantial trade interest of the United States, it desires to be joined
inthe consultationsunder Article64 of the Agreement on Trade-Related Aspects of Intellectual Property
Rights (to the extent that it incorporates by reference Article XXII of GATT 1994) requested by the
European Communities in a communication circulated to WTO Members on 12 January 1998
(), entitled “ ” .
The United States has a substantial trade interest in the market affected by the Canadian patent
legislation referred to in the European Communities’ request. In 1996, the United States exported
to Canada 1,008 million U.S. dollars in pharmaceutical products, and imported from Canada
426 million U.S. dollars of such products.
CANADA - PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS
Document: Original: English CANADA - PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS Request to Join Consultations Communication from Australia The followingcommunication, dated22January 1998,from the PermanentMission ofAustralia to the Permanent Mission of Canada, to the Permanent Delegation of the European Commission and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Date: 29 January 1998
Document codes: WT/DS114/3
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, Colombia, Cuba, India, Israel, Japan, Poland, Switzerland, Thailand, U.S.
Dispute stage: Panel
Agreements cited: Art. 27, 28, 33  Intellectual Property (TRIPS)

CANADA - PATENT PROTECTION OF
PHARMACEUTICAL PRODUCTS
Request to Join Consultations
Communication from Australia
The followingcommunication, dated22January 1998,from the PermanentMission ofAustralia
to the Permanent Mission of Canada, to the Permanent Delegation of the European Commission and
to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), the Australian Government hereby notifies that, in light of the
substantial trade interest of Australia, it desires to be joined in the consultations under Article 64.1
of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) and
Article XXII of GATT 1994 requested by the European Communities in a communication circulated
to WTO Members on 12 January 1998 (), entitled “ ” .
Australia has a substantial trade interest in the protection of pharmaceutical inventions referred
to in the request of the European Communities. In 1996/97 Australia exported over $A979 million
of pharmaceutical goods, including $A173 million exported to the EC and $A17 million exported to
Canada.
CANADA - PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS
Document: Original: English CANADA - PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS Request to Join Consultations Communication from Switzerland
Date: 27 January 1998
Document codes: WT/DS114/4
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, Colombia, Cuba, India, Israel, Japan, Poland, Switzerland, Thailand, U.S.
Dispute stage: Panel
Agreements cited: Art. 27, 28, 33  Intellectual Property (TRIPS)

CANADA - PATENT PROTECTION OF
PHARMACEUTICAL PRODUCTS
Request to Join Consultations
Communication from Switzerland
The following communication, dated 21 January 1998, from the Permanent Mission of
Switzerland to the Permanent Mission of Canada, to the Permanent Delegation of the European
Commission and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the
DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlementof Disputes(DSU), theGovernment of Switzerlandhereby notifiesthe DisputeSettlement
Body that it considers having substantial trade interest in the consultations requested by the European
Communities in a communication circulated to WTO Members on 12 January 1998 (),
entitled "", and that it desire to be joined in
these consultations.
CANADA – PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS
Document: Constitution of the Panel Established at the Request of the European Communities and their Member States Note by the Secretariat
Date: 29 March 1999
Document codes: WT/DS114/6; WT/DS114/5; WT/DS114/5
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, Colombia, Cuba, India, Israel, Japan, Poland, Switzerland, Thailand, U.S.
Dispute stage: Panel
Agreements cited: Art. 27, 28, 33  Intellectual Property (TRIPS)

CANADA – PATENT PROTECTION OF
PHARMACEUTICAL PRODUCTS
Constitution of the Panel Established at the Request of
the European Communities and their Member States
Note by the Secretariat
1. At its meeting on 1 February 1999, the DSB established a panel pursuant to the request of the
European Communities and their member States (), in accordance with Article 6 of the
DSU.
2. At that meeting, the parties to the dispute agreed that the Panel should have standard terms of
reference. The terms of reference are the following:
"To examine, in the light of the relevant provisions of the covered agreements cited
by the European Communities and their member States in document ,
the matter referred to the DSB by the European Communities and their member
States in that document and to make such findings as will assist the DSB in making
the recommendations or in giving the rulings provided for in those agreements."
3. On 15 March 1999, the European Communities and their member States requested the
Director-General to determine the composition of the Panel, pursuant to paragraph 7 of Article 8 of
the DSU. Paragraph 7 of Article 8 provides:
"If there is no agreement on the panelists within 20 days after the date of the
establishment of a panel, at the request of either party, the Director-General, in
consultation with the Chairman of the DSB and the Chairman of the relevant Council
or Committee, shall determine the composition of the panel by appointing the
panelists whom the Director-General considers most appropriate in accordance with
any relevant special or additional rules or procedures of the covered agreement or
covered agreements which are at issue in the dispute, after consulting with the parties
to the dispute. The Chairman of the DSB shall inform the Members of the
composition of the panel thus formed no later than 10 days after the date the
Chairman receives such a request."
4. On 25 March 1999, the Director-General accordingly composed the Panel as follows:
Chairman: Mr. Robert Hudec
Members: Mr. Mihály Ficsor
Mr. Jaime Sepulveda
5. Australia, Brazil, Colombia, Cuba, India, Israel, Japan, Poland, Switzerland, Thailand and the
United States reserved their rights as third parties to the dispute.
CANADA – PATENT PROTECTION FOR PHARMACEUTICAL PRODUCTS
Document: Communication from the Chairman of the Panel
Date: 11 October 1999
Document codes: WT/DS114/7
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, Colombia, Cuba, India, Israel, Japan, Poland, Switzerland, Thailand, U.S.
Dispute stage: Panel
Agreements cited: Art. 27, 28, 33  Intellectual Property (TRIPS)

CANADA – PATENT PROTECTION FOR PHARMACEUTICAL PRODUCTS
Communication from the Chairman of the Panel
The following communication, dated 7 October 1999, addressed to the Dispute Settlement
Body, is circulated in accordance with Article 12.9 of the DSU.
Article 12.8 of the DSU stipulates that the period in which a panel shall conduct its
examination, from the date that the composition and terms of reference of the panel have been agreed
upon until the date the final report is issued to the parties shall, as a general rule, not exceed six
months. Pursuant to Article 12.9 of the DSU, when a panel considers that it cannot issue its report
within six months, it shall inform the DSB in wri ting of the reasons for the delay together with an
estimate of the period within which it will issue its report.
The Panel on Canada - Patent Protection for Pharmaceutical Products was established by the
DSB on 1 February 1999 and its composition and terms of reference were determined on
25 March 1999. I wish to inform you that the Panel has not been able to complete its work within the
six months provided for in the DSU. The complex nature of the matter is responsible for this delay.
The Panel intends to finalize its work in the second part of December 1999.
CANADA – PATENT PROTECTION FOR PHARMACEUTICAL PRODUCTS
Document: Communication from the Chairman of the Panel
Date: 8 December 1999
Document codes: WT/DS114/8
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, Colombia, Cuba, India, Israel, Japan, Poland, Switzerland, Thailand, U.S.
Dispute stage: Panel
Agreements cited: Art. 27, 28, 33  Intellectual Property (TRIPS)

CANADA – PATENT PROTECTION FOR PHARMACEUTICAL PRODUCTS
Communication from the Chairman of the Panel
The following communication, dated 1 December 1999, addressed to the Dispute Settlement
Body, is circulated in accordance with Article 12.9 of the DSU.
By means of a communication dated 7 October 1999, I informed you that the complex nature
of the matter at issue in this dispute had caused a delay in the proceedings which prevented the Panel
from completing its work within the six months from the Panel's composition as provided for in the
DSU, and that the Panel intended to finalize its work in the second part of December 1999.1
However, since then, in addition to delays caused by the complex nature of the matter, the
Panel has been faced with further constraints, mainly due to conflict with other obligations of Panel
members which have arisen due to the initial delay.
The Panel expects to be in a position to send its final report to Members in the first part of
March 2000.
CANADA – PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS
Document: Agreement under Article 21.3(b) of the DSU
Date: 31 May 2000
Document codes: WT/DS114/10
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, Colombia, Cuba, India, Israel, Japan, Poland, Switzerland, Thailand, U.S.
Dispute stage: Panel
Agreements cited: Art. 27, 28, 33  Intellectual Property (TRIPS)

CANADA – PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS
Agreement under Article 21.3(b) of the DSU
The following communication, dated 26 May 2000, from the Permanent Mission of Canada
and the Permanent Delegation of the European Commission to the Chairman of the Dispute
Settlement Body, is circulated in accordance with Article 21.3(b) of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.
This letter serves to confirm the understanding reached between Canada and the European
Communities in the above-referenced matter. Due to the fact that there are on-going discussions
between our officials regarding the reasonable period of time for implementation of the
recommendations and rulings of the panel in this matter, we have mutually agreed to extend the time
period set forth in Article 21.3(b) of the Understanding on Rules and Procedures Governing the
Settlement of Disputes by a period of ten days. Thus, the period of time for completing the
discussions regarding the reasonable period of time under Article 21.3(b) will expire on 1 June 2000.
This period of time may be further extended by mutual consent.
CANADA – PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS
Document: Surveillance of Implementation of Recommendations and Rulings Appointment of Arbitrator under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 20 June 2000
Document codes: WT/DS114/12
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, Colombia, Cuba, India, Israel, Japan, Poland, Switzerland, Thailand, U.S.
Dispute stage: Panel
Agreements cited: Art. 27, 28, 33  Intellectual Property (TRIPS)

CANADA – PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS
Surveillance of Implementation of Recommendations and Rulings
Appointment of Arbitrator under Article 21.3(c) of the
Understanding on Rules and Procedures Governing the Settlement of Disputes
The following communication, dated 20 June 2000, from the Permanent Mission of Canada
and the Permanent Delegation of the European Commission, to the Director-General, is circulated
pursuant to Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement
of Disputes.
We refer you to the communication from the European Community and its Member States,
dated 9 June 2000, requesting binding arbitration under Article 21.3(c) of the Understanding on Rules
and Procedures Governing the Settlement of Disputes (the "DSU") to determine the reasonable period
of time for Canada to implement the recommendations and rulings of the Dispute Settlement Body
(the "DSB") in the matter, (WT/DS114),
adopted 7 April 2000.
The Parties to the dispute, Canada and the European Communities, have agreed on an
arbitrator, pursuant to footnote 12 to Article 21.3(c) of the DSU: Mr. James Bacchus. We are writing
to request you to officially convey to Mr. James Bacchus our agreement that he act as arbitrator in this
matter. We would also appreciate that he be assisted in his functions, as arbitrator under
Article 21.3(c) of the DSU, by the staff of the Appellate Body Secretariat.
With respect to the time period for this binding arbitration, Article 21.3(c) of the DSU
requires that the reasonable period of time for implementation be determined through binding
arbitration within 90 days after the date of adoption of the recommendations and rulings by the DSB.
As the Panel Report in this dispute was adopted on 7 April 2000, this 90-day period will soon expire.
We, the Parties to this dispute, have agreed to ex tend the period of time for this binding arbitration
until 31 August 2000. We have agreed that the award of the arbitrator, made no later than
31 August 2000, shall be deemed to be the award of the arbitrator for the purposes of Article 21.3(c)
of the DSU in determining the reasonable period of time for Canada to implement the
recommendations and rulings of the DSB.
CANADA – PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS
Document: Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 18 August 2000
Document codes: WT/DS114/14
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, Colombia, Cuba, India, Israel, Japan, Poland, Switzerland, Thailand, U.S.
Dispute stage: Panel
Agreements cited: Art. 27, 28, 33  Intellectual Property (TRIPS)

CANADA – PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS
Arbitration under Article 21.3(c) of the Understanding
on Rules and Procedures Governing the Settlement of Disputes
The following communication, dated 18 August 2000, from the Arbitrator,
Mr. James Bacchus, to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
It is my honour to transmit to you my Arbitration Award in , pursuant to Article 21.3(c) of the Understanding on Rules and Procedures
Governing the Settlement of Disputes.
CANADA – PATENT PROTECTION FOR PHARMACEUTICAL PRODUCTS
Document: Panel Report Action by the Dispute Settlement Body
Date: 17 April 2000
Document codes: WT/DS114/9; WT/DS114/R; WT/DS114/R
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, Colombia, Cuba, India, Israel, Japan, Poland, Switzerland, Thailand, U.S.
Dispute stage: Panel
Agreements cited: Art. 27, 28, 33  Intellectual Property (TRIPS)

CANADA – PATENT PROTECTION FOR PHARMACEUTICAL PRODUCTS
Panel Report
Action by the Dispute Settlement Body
At its meeting on 7 April 2000, the Dispute Settlement Body adopted the report on "" ().
LES PRODUITS PHARMACEUTIQUES
Rapport du Groupe spécial
À sa réunion du 7 avril 2000, l'Organe de règlement des différends a adopté le rapport intitulé
CANADÁ - PROTECCIÓN MEDIANTE PATENTE
DE LOS PRODUCTOS FARMACÉUTICOS
Informe del Grupo Especial
Actuación del Órgano de Solución de Diferencias
En su reunión de 7 de abril de 2000, el Órgano de Solución de Diferencias adoptó el informe
titulado "Canadá - Protección mediante patente de los productos farmacéuticos" ().
CANADA  -  PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS
Document: Request for Arbitration under Article 21.3(c) of the DSU
Date: 16 June 2000
Document codes: WT/DS114/11
Complainant: EU
Respondent: Canada
Third parties: Australia, Brazil, Colombia, Cuba, India, Israel, Japan, Poland, Switzerland, Thailand, U.S.
Dispute stage: Panel
Agreements cited: Art. 27, 28, 33  Intellectual Property (TRIPS)

CANADA - PATENT PROTECTION OF PHARMACEUTICAL PRODUCTS
Request for Arbitration under Article 21.3(c) of the DSU
The following communication, dated 9 June 2000, from the Permanent Delegation of the
European Commission to the Chairman of the Dispute Settlement Body, is circulated at the request of
that delegation.
The DSB has adopted at its meeting of 7 April 2000 the recommendations made in the report
of the Panel made in the case referred to above.
At the meeting of the DSB, held on 25 April 2000, Canada informed the DSB of its intentions
in respect of implementation of the recommendations of the DSB.
In the meantime, extensive discussions between the parties to the dispute have taken place in
relation to the "reasonable period of time". While the period of time foreseen in Article 21:3(b) DSU
had been extended by mutual consent by the Parties (see of 31 May 2000), no mutually
satisfactory solution as to the "reasonable period of time" for implementation of the recommendations
of the DSB has been found to date.
Therefore, the European Communities and their Member States request that the "reasonable
period of time" for compliance be determined by means of binding arbitration as provided for in
Article 21.3(c) DSU.
CANADA - PATENT PROTECTION FOR PHARMACEUTICAL PRODUCTS
Document: Panel Report Action by the Dispute Settlement Body Revision
Date: 27 April 2000
Document codes: WT/DS114/9/Rev.11; WT/DS114/R; WT/DS114/R; G/L/221/Add.1; IP/D/11
Complainant: Canada
Respondent: U.S.
Third parties: Chile, EU, India, Japan
Dispute stage: Panel
Agreements cited: Art. 3.2, 3.7  Dispute Settlement Understanding (DSU)Art. VI:2  GATT 1994Art. 10, 19.4, 21.1  Subsidies and Countervailing Measures (SCM)Art. 1, 9.3, 11.1, 18.1  Anti-dumpingArt. XVI:4  Agreement Establishing the World Trade OrganizationArt. 19.1  Dispute Settlement Understanding (DSU)Art. 32.1  Subsidies and Countervailing Measures (SCM)Art. 21.1, 21.3  Dispute Settlement Understanding (DSU)Art. VI:3, VI:6  GATT 1994Art. 32.5  Subsidies and Countervailing Measures (SCM)Art. 18.4  Anti-dumping

CANADA - PATENT PROTECTION FOR PHARMACEUTICAL PRODUCTS
Panel Report
Action by the Dispute Settlement Body
Revision
At its meeting on 7 April 2000, the Dispute Settlement Body adopted the report on "" ().
LES PRODUITS PHARMACEUTIQUES
Rapport du Groupe spécial
Révision
À sa réunion du 7 avril 2000, l'Organe de règlement des différends a adopté le rapport intitulé
CANADÁ - PROTECCIÓN MEDIANTE PATENTE
DE LOS PRODUCTOS FARMACÉUTICOS
Informe del Grupo Especial
Actuación del Órgano de Solución de Diferencias
Revisión
En su reunión de 7 de abril de 2000, el Órgano de Solución de Diferencias adoptó el informe
titulado "Canadá - Protección mediante patente de los productos farmacéuticos" ().

1 This document replaces document which should have been a triple-symbolled
documento sustituye al documento , que debía haber llevado triple signatura.
EUROPEAN COMMUNITIES - MEASURES AFFECTING THE GRANT OF COPYRIGHT AND NEIGHBOURING RIGHTS
Document: Original: English EUROPEAN COMMUNITIES - MEASURES AFFECTING THE GRANT OF COPYRIGHT AND NEIGHBOURING RIGHTS Request for Consultations by the United States The followingcommunication, dated 6January 1998,from the Permanent Mission of the United States to the Permanent Delegation of the European Commission and to the Dispute Settlement Body, is circulated in accordance with Article 4.4 of the DSU.
Date: 12 January 1998
Document codes: WT/DS115/1; IP/D/12
Complainant: U.S.
Respondent: EU
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 9, 13, 14, 41, 47, 48, 61, 63, 65, 70, 42, 43, 44, 45, 46  Intellectual Property (TRIPS)

EUROPEAN COMMUNITIES - MEASURES AFFECTING THE
GRANT OF COPYRIGHT AND NEIGHBOURING RIGHTS
Request for Consultations by the United States
The followingcommunication, dated 6January 1998,from the Permanent Mission of the United
States to the Permanent Delegation of the European Commission and to the Dispute Settlement Body,
is circulated in accordance with Article 4.4 of the DSU.
My authorities have instructed me to request consultations with the European Communities
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU) and Article 64 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)
(to the extent it incorporates by reference Article XXIII of the General Agreement on Tariffs and Trade
1994) regarding the grant of copyright and neighbouring rights under Irish law.
All members of the are obligated to provide copyright and
neighbouring rights in accordance with section 1 of Part II, and the related provisions in Article 70,
of the TRIPs Agreement. In light of Ireland’ s status as a developed country, the TRIPs Agreement
applied to it on January 1, 1996.
Ireland appears not to grant copyright and neighbouring rights in accordance with section 1
of Part II, and Article 70, of the TRIPs Agreement, which appears to be inconsistent with Ireland’ s
obligations under Articles 9-14, 63, 65 and 70 of that Agreement.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.
BRAZIL - MEASURES AFFECTING PAYMENT TERMS FOR IMPORTS
Document: Request for Consultations by the European Communities
Date: 13 January 1998
Document codes: WT/DS116/1; G/L/222; G/LIC/D/17
Complainant: EU
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. II, X, XI, XV  GATT 1994Art. 3, 5  Import Licensing

BRAZIL - MEASURES AFFECTING PAYMENT TERMS FOR IMPORTS
Request for Consultations by the European Communities
The following communication, dated 8 January 1998, from the Permanent Delegation of the
European Commission to the Permanent Mission of Brazil and to the Dispute Settlement Body, is
circulated in accordance with Article 4.4 of the DSU.
On behalf of the European Community, I hereby request consultations with Brazil pursuant
to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes,
Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article 6 of the
AgreementonImportLicensingProcedures,concerningmeasuresregardingpaymenttermsforimports,
introduced by Central Bank Circular N 2747 of 25 March 1997, Provisional Measure N 1569 of
25 March 1997, Central Bank Circular N 2753 of 30 April 1997, SECEX/DECEX Communication
of 6 May 1997, Provisional Measure N 1569-6 of 18 September 1997, Central Bank Circular N 2777
of 19 September 1997, and Central Bank Circular N 2778 of 15 October 1997, as well as any other
measure, published and unpublished, amending, supplementing or replacing those measures.
The European Community considers that these measures may constitute an infringement of,
in particular but not necessarily exclusively, the following provisions:
- Articles II, X, XI and/or XV of GATT 1994; and
- Articles 3 and 5 of the Agreement on Import Licensing Procedures.
I look forward to receiving your reply to this request from the European Community and to
setting a mutually convenient date for these consultations.
BRAZIL - MEASURES AFFECTING PAYMENT TERMS FOR IMPORTS
Document: Request to Join Consultations Communication from Switzerland
Date: 26 January 1998
Document codes: WT/DS116/2
Complainant: EU
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. II, X, XI, XV  GATT 1994Art. 3, 5  Import Licensing

BRAZIL - MEASURES AFFECTING PAYMENT TERMS FOR IMPORTS
Request to Join Consultations
Communication from Switzerland
The following communication, dated 21 January 1998, from the Permanent Mission of
Switzerland to the Permanent Mission of Brazil, to the Permanent Delegation of the European
Commission and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the
DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
theSettlement ofDisputes(DSU), theGovernment ofSwitzerland herebynotifiestheDisputeSettlement
Body that it considers having a substantial trade interest in the consultations requested by the European
Community in a communication circulated to WTO Members on 13 January 1998 (),
entitled "", and that it desires to be joined
in these consultations.
BRAZIL - MEASURES AFFECTING PAYMENT TERMS FOR IMPORTS
Document: Request to Join Consultations Communication from Japan
Date: 28 January 1998
Document codes: WT/DS116/3
Complainant: EU
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. II, X, XI, XV  GATT 1994Art. 3, 5  Import Licensing

BRAZIL - MEASURES AFFECTING PAYMENT TERMS FOR IMPORTS
Request to Join Consultations
Communication from Japan
The following communication, dated 23 January 1998, from the Permanent Mission of Japan
to the Permanent Mission of Brazil, to the Permanent Delegation of the European Commission and
to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, the Government of Japan hereby notifies the Government of Brazil that,
in light of the substantial trade interest of Japan, it desires to be joined in the consultations requested
by the European Communities in a communication circulated to WTO Members on 13 January 1998
(, , ) entitled “ ” .
BRAZIL - MEASURES AFFECTING PAYMENT TERMS FOR IMPORTS
Document: Original: English BRAZIL - MEASURES AFFECTING PAYMENT TERMS FOR IMPORTS Request to Join Consultations Communication from Australia The followingcommunication, dated23January 1998,from the PermanentMission ofAustralia to the Permanent Mission of Brazil, to the Permanent Delegation of the European Commission and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Date: 3 February 1998
Document codes: WT/DS116/4
Complainant: EU
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. II, X, XI, XV  GATT 1994Art. 3, 5  Import Licensing

BRAZIL - MEASURES AFFECTING PAYMENT TERMS FOR IMPORTS
Request to Join Consultations
Communication from Australia
The followingcommunication, dated23January 1998,from the PermanentMission ofAustralia
to the Permanent Mission of Brazil, to the Permanent Delegation of the European Commission and
to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to Paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), the Australian Government hereby notifies that, in light of the
substantial trade interest of Australia, it desires to be joined in the consultations requested by the
European Communities in a communication circulated to WTO Members on 13 January 1998
(), entitled “ ” .
Australia has a substantial trade interest in the consultations: Australian exports to Brazil in
1996/97 amounted to $A333 million and the Brazilian measures have the potential to affect a large
part of this trade.
BRAZIL - MEASURES AFFECTING PAYMENT TERMS FOR IMPORTS
Document: Original: English BRAZIL - MEASURES AFFECTING PAYMENT TERMS FOR IMPORTS Request to Join Consultations Communication from the United States
Date: 4 February 1998
Document codes: WT/DS116/5
Complainant: EU
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. II, X, XI, XV  GATT 1994Art. 3, 5  Import Licensing

BRAZIL - MEASURES AFFECTING PAYMENT TERMS FOR IMPORTS
Request to Join Consultations
Communication from the United States
The following communication, dated 30 January 1998, from the Permanent Mission of the
United States to the Permanent Mission of Brazil, to the Permanent Delegation of the European
Commission and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the
DSU.
Pursuant to DSU Article 4.11, the United States hereby notifies the consulting Members and
the DSB that, in light of the substantial trade interest of the United States, it desires to be joined in
the consultations under Article XXII:1 of GATT 1994 requested by the European Communities in a
communication circulated to WTO Members in , entitled “ ” .
The United States exported nearly $US13 billion to Brazil between January and October 1997.
Any of these exports utilizing short-term financing are affected by these measures.
BRAZIL - MEASURES AFFECTING PAYMENT TERMS FOR IMPORTS
Document: Original: English BRAZIL - MEASURES AFFECTING PAYMENT TERMS FOR IMPORTS Request to Join Consultations Communication from Korea
Date: 12 February 1998
Document codes: WT/DS116/6
Complainant: EU
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. II, X, XI, XV  GATT 1994Art. 3, 5  Import Licensing

BRAZIL - MEASURES AFFECTING PAYMENT TERMS FOR IMPORTS
Request to Join Consultations
Communication from Korea
The following communication, dated 9 February 1998, from the Permanent Mission of Korea
to the Permanent Mission of Brazil and the Permanent Delegation of the European Commission and
to the Dispute Settlement Body is circulated in accordance with Article 4.11 of the DSU.
Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU), the Government of the Republic of Korea hereby notifies the Government of Brazil
that, in light of Korea's substantial trade interest, it desires to be joined in the consultations requested
by the European Communities in a communication circulated to the WTO Members on 13 January 1998
() entitled "".
CANADA - MEASURES AFFECTING FILM DISTRIBUTION SERVICES
Document: Request for Consultations by the European Communities
Date: 22 January 1998
Document codes: WT/DS117/1; S/L/53
Complainant: EU
Respondent: Canada
Dispute stage: Consultation
Agreements cited: Art. II, III  Services (GATS)

CANADA - MEASURES AFFECTING FILM DISTRIBUTION SERVICES
Request for Consultations by the European Communities
The following communication, dated 20 January 1998, from the Permanent Delegation of the
European Commission to the Permanent Mission of Canada and to the Dispute Settlement Body, is
circulated in accordance with Article 4.4 of the DSU.
The European Communities and theirMember States have instructed usto requestconsultations
with the Government of Canada pursuant to Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes (DSU) and Article XXIII of the General Agreement on Trade
in Services (GATS) regarding measures affecting film distribution services applied by the Government
of Canada.
The measures concerned include the 1987 Policy Decision on film distribution and its application
to European companies. These measures appear to contravene Articles II (Most-favoured-nation
treatment) and III-1 (Transparency) of the GATS.
We look forward to receiving your reply to this request and to fixing a mutually convenient
date for consultations.
UNITED STATES - HARBOUR MAINTENANCE TAX
Document: Original: English UNITED STATES - HARBOUR MAINTENANCE TAX Request for Consultations by the European Communities
Date: 16 February 1998
Document codes: WT/DS118/1
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. I, II, III, VIII, X  GATT 1994

UNITED STATES - HARBOUR MAINTENANCE TAX
Request for Consultations by the European Communities
The following communication, dated 6 February 1998, from the Permanent Delegation of the
European Commission to the Permanent Mission of the United States and to the Dispute Settlement
Body is circulated in accordance with Article 4.4 of the DSU.
My authorities have instructed me to request consultations with the United States pursuant to
Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes and
Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (GATT 1994) concerning the
US Harbour Maintenance Tax, which was introduced by the Water Resources Development Act of
1986 and amended by the Omnibus Budget Reconciliation Act of 1990, including any subsequent
amendments made and any implementing regulations issued (hereafter referred to as "HMT").
The European Communities considers that the HMT may constitute an infringement of GATT
1994, in particular, but not necessarily exclusively, of the following provisions:
Articles I, II, III, VIII and X of GATT 1994, and of the WTO Understanding on the
Interpretation of Article II:1(b) of GATT 1994.
I look forward to receiving your reply to this request from the European Communities and
to setting a mutually convenient date for these consultations.
UNITED STATES - HARBOUR MAINTENANCE TAX
Document: Original: English UNITED STATES - HARBOUR MAINTENANCE TAX Request to Join Consultations Communication from Canada The followingcommunication, dated 26February 1998,from the Permanent Mission of Canada to the Permanent Mission of the United States, to the Permanent Delegation of the European Commission and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Date: 3 March 1998
Document codes: WT/DS118/2
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. I, II, III, VIII, X  GATT 1994

UNITED STATES - HARBOUR MAINTENANCE TAX
Request to Join Consultations
Communication from Canada
The followingcommunication, dated 26February 1998,from the Permanent Mission of Canada
to the Permanent Mission of the United States, to the Permanent Delegation of the European Commission
and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, the Government of Canada hereby notifies you that due to its substantial
trade interest, it desires to be joined in the consultations under Article XXII of the General Agreement
on Tariffs and Trade 1994 requested by the Permanent Delegation of the European Commission in
Geneva in a letter dated 6 February 1998 (; 16 February 1998), concerning the US Harbour
Maintenance Tax, whichwas introducedbythe Water ResourcesDevelopment Act of 1986and amended
by the Omnibus Budget Reconciliation Act of 1990, including any subsequent amendments made and
any implementing regulations issued (hereafter referred to as “ HMT” ).
UNITED STATES - HARBOUR MAINTENANCE TAX
Document: Original: English UNITED STATES - HARBOUR MAINTENANCE TAX Request to Join Consultations Communication from Japan
Date: 3 March 1998
Document codes: WT/DS118/3
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. I, II, III, VIII, X  GATT 1994

UNITED STATES - HARBOUR MAINTENANCE TAX
Request to Join Consultations
Communication from Japan
The following communication, dated 26 February 1998, from the Permanent Mission of Japan
to the Permanent Mission of the United States, to the Permanent Delegation of the European Commission
and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, the Government of Japan hereby notifies the Government of the United
States that, in light of the substantial trade interest of Japan, it desires to be joined in the consultations
requested by the European Communities in a communication circulated to WTO Members on
6 February 1998 () entitled “ ” .
UNITED STATES - HARBOUR MAINTENANCE TAX
Document: Original: English UNITED STATES - HARBOUR MAINTENANCE TAX Request to Join Consultations Communication from Norway
Date: 5 March 1998
Document codes: WT/DS118/4
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. I, II, III, VIII, X  GATT 1994

UNITED STATES - HARBOUR MAINTENANCE TAX
Request to Join Consultations
Communication from Norway
The following communication, dated 3 March 1998, from the Permanent Mission of Norway
to the Permanent Mission of the United States, to the Permanent Delegation of the European Commission
and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to Paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes (DSU), the Norwegian Government hereby notifies that, in light of the
substantialtrade interestof Norway, itdesirestobe joinedintheconsultationsrequested bytheEuropean
Communities in the communication circulated to WTO members on 16 February 1998 (),
entitled “ ” .
Norway’ s claim of substantial trade interest is based on the importance of the United States
as a market for Norwegian goods.
AUSTRALIA - ANTI-DUMPING MEASURES ON IMPORTS OF COATED WOODFREE PAPER SHEETS
Document: Request for Consultations by Switzerland
Date: 3 March 1998
Document codes: WT/DS119/1; G/ADP/D8/1
Complainant: Switzerland
Respondent: Australia
Dispute stage: Consultation
Agreements cited: Art. 3, 5  Anti-dumping

AUSTRALIA - ANTI-DUMPING MEASURES ON IMPORTS OF
COATED WOODFREE PAPER SHEETS
Request for Consultations by Switzerland
The following communication, dated 20 February 1998, from the Permanent Mission of
Switzerland to the Permanent Mission of Australia and to the Dispute Settlement Body, is circulated
in accordance with Article 4.4 of the DSU.
On behalf of my Government and pursuant to Article 4 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes and to Article 17.3 of the Agreement on Implementation
of Article VI of the General Agreement on Tariffs and Trade 1994, I hereby request consultations with
the Government of Australia concerning the provisional anti-dumping measures applied on the imports
of coated woodfree paper sheets from Switzerland.
According to my authorities, the investigation initiated and the provisional anti-dumping measures
applied by the Australian authorities on coated woodfree paper in sheets originating from Switzerland
do not conform to Australia’ s commitments under Articles 3 and 5 of the Agreement on Implementation
of Article VI of the General Agreement on Tariffs and Trade 1994.
I lookforward toreceivingyourreply tothe presentrequestand tofindinga mutuallyconvenient
date for consultations.
AUSTRALIA - ANTI-DUMPING MEASURES ON IMPORTS OF COATED WOODFREE PAPER SHEETS
Document: Original: English AUSTRALIA - ANTI-DUMPING MEASURES ON IMPORTS OF COATED WOODFREE PAPER SHEETS Request to Join Consultations Communication from Japan
Date: 19 March 1998
Document codes: WT/DS119/2
Complainant: Switzerland
Respondent: Australia
Dispute stage: Consultation
Agreements cited: Art. 3, 5  Anti-dumping

AUSTRALIA - ANTI-DUMPING MEASURES ON IMPORTS OF
COATED WOODFREE PAPER SHEETS
Request to Join Consultations
Communication from Japan
The following communication, dated 13 March 1998, from the Permanent Mission of Japan
to the Permanent Mission of Australia, the Permanent Mission of Switzerland and to the Dispute
Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes, the Government of Japan hereby notifies the Government of Australia that,
in light of the substantial trade interest of Japan, it desires to be joined in the consultations requested
by Switzerland in a communication circulated to WTO Members dated 3 March 1998 (,
) entitled “ ” .
I would like to take this opportunity to point out that Australia has taken the same measures
as in the proceeding against Japan on the same product.
AUSTRALIA - ANTI-DUMPING MEASURES ON IMPORTS OF COATED WOODFREE PAPER SHEETS
Document: Original: English AUSTRALIA - ANTI-DUMPING MEASURES ON IMPORTS OF COATED WOODFREE PAPER SHEETS Request to Join Consultations Communication from the European Communities
Date: 25 March 1998
Document codes: WT/DS119/3
Complainant: Switzerland
Respondent: Australia
Dispute stage: Consultation
Agreements cited: Art. 3, 5  Anti-dumping

AUSTRALIA - ANTI-DUMPING MEASURES ON IMPORTS OF
COATED WOODFREE PAPER SHEETS
Request to Join Consultations
Communication from the European Communities
The following communication, dated 12 March 1998, from the Permanent Delegation of the
European Commission to the Permanent Mission of Australia and to the Dispute Settlement Body,
is circulated in accordance with Article 4.11 of the DSU.
I am writing to inform you that, pursuant to paragraph 11 of Article 4 of the Understanding
on Rules and Procedures Governing the Settlement of Disputes, the European Communities wish to
be joined in the consultations under Article 4 of the Understanding on Rules and Procedures Governing
the Settlement of Disputes and under Article 17.3 of the Agreement on Implementation of Article VI
of theGeneral Agreement onTariffs and Trade1994requested bySwitzerland concerningtheimposition
of provisional anti-dumping measures on imports of coated woodfree paper sheets. The request of
Switzerland for consultations with Australia was circulated to WTO Members on 3 March 1998
( and ).
The European Communities have a substantial trade interest in the market concerned as some
of their exports are subject to the provisional anti-dumping measures.