dean22029/WTO_Docs huggingface dataset:
INDIA - PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Original: English/ anglais/ inglés INDIA - PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS Acceptance by India of the Request to Join Consultations by the European Communities under Article 4.11 of the DSU In a communication dated 18 July 1996, India informed the Dispute Settlement Body that it had accepted the request of the European Communities (WT/DS50/2) to join consultations which the United States had requested with India (WT/DS50/1). INDE - PROTECTION CONFEREE PAR UN BREVET POUR LES PRODUITS PHARMACEUTIQUES ET LES PRODUITS CHIMIQUES POUR L'AGRICULTURE Acceptation par l'Inde de la demande de participation aux consultations présentée par les Communautés européennes conformément
Date: 29 July 1996
Document codes: WT/DS50/3; WT/DS50/2; WT/DS50/1
Complainant: U.S.
Respondent: India
Third parties: EU
Dispute stage: Appellate Body
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

INDIA - PATENT PROTECTION FOR PHARMACEUTICAL
AND AGRICULTURAL CHEMICAL PRODUCTS
Acceptance by India of the Request to Join Consultations by
the European Communities under Article 4.11 of the DSU
In a communication dated 18 July 1996, India informed the Dispute Settlement Body that it
had accepted the request of the European Communities () to join consultations which the
United States had requested with India ().
POUR L'AGRICULTURE
le règlement des différends
INDIA - PROTECCIÓN MEDIANTE PATENTE DE LOS PRODUCTOS
PARA LA AGRICULTURA
Por comunicación de fecha 18 de julio de 1996 la India notificó al Órgano de Solución de
INDIA - PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Constitution of the Panel Established at the Request of the United States Note by the Secretariat
Date: 5 February 1997
Document codes: WT/DS50/5; WT/DS50/4; WT/DS50/4
Complainant: U.S.
Respondent: India
Third parties: EU
Dispute stage: Appellate Body
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

INDIA - PATENT PROTECTION FOR PHARMACEUTICAL
AND AGRICULTURAL CHEMICAL PRODUCTS
Constitution of the Panel Established
at the Request of the United States
Note by the Secretariat
1. At its meeting on 20 November 1996, the DSB established a panel pursuant to the request of
the United States (), in accordance with Article 6 of the DSU (WT/DSB/M/26).
2. At that meeting, parties agreed that the Panel should have standard terms of reference. The
terms of reference of the Panel are therefore the following:
"To examine, in the light of the relevant provisions of the covered agreements cited by the
United States in document , the matter referred to the DSB by the United 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 29 January 1997, the Panel was constituted with the following composition:
Chairman: Mr. Thomas Cottier
Members: Mr. Douglas Chester
Mr. Yanyong Phuangrach
4. The European Communities have reserved third-party rights to participate in the panel
proceedings.
INDIA - PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Communication from the Appellate Body
Date: 9 December 1997
Document codes: WT/DS50/7
Complainant: U.S.
Respondent: India
Third parties: EU
Dispute stage: Appellate Body
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

INDIA - PATENT PROTECTION FOR PHARMACEUTICAL
AND AGRICULTURAL CHEMICAL PRODUCTS
Communication from the Appellate Body
The following communication, dated 9 December 1997, from the Chairman of the Appellate
Body addressed to the Chairman of the Dispute Settlement Body, is circulated in accordance with
Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement of Disputes.
I am writing to you pursuant to Article 17.5 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes, which stipulates that, as a general rule, the Appellate Body will
circulate its report no later than 60 days after the appellant has formally notified its decision to appeal.
Article 17.5 states, furthermore, that when the Appellate Body considers that it cannot provide its report
within 60 days, it shall inform the DSB in writing of the reasons for the delay together with an estimate
of the period within which it will submit its report.
India notified the Dispute Settlement Body of its decision to appeal certain issues of law covered
in the Panel Report and legal interpretations developed by the Panel on 15 October 1997, with the
result that the 60-day period will expire on Monday, 15 December 1997. In light of the fact that extra
time is required for translation, the Appellate Body will not be able to circulate its report by
15 December 1997. We estimate that the Appellate Body Report in this appeal will be circulated to
WTO Members by Tuesday, 23 December 1997.
INDIA - PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Communication from the Appellate Body
Date: 18 December 1997
Document codes: WT/DS50/8
Complainant: U.S.
Respondent: India
Third parties: EU
Dispute stage: Appellate Body
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

INDIA - PATENT PROTECTION FOR PHARMACEUTICAL
AND AGRICULTURAL CHEMICAL PRODUCTS
Communication from the Appellate Body
The following communication, dated 18 December 1997, from Mr. Julio Lacarte-Muró, Chairman
of the Appellate Body, addressed to the Chairman of the Dispute Settlement Body, is circulated in
accordance with Article 17.5 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes.
It is my honour to transmit to you the Report of the Appellate Body in , AB-1997-5. It will be circulated on Friday,
19 December 1997 to Members of the in accordance with paragraph 5 of
Article 17 of the Understanding on Rules and Procedures Governing the Settlement of Disputes. The
three Members of the Appellate Body who served on this appeal were myself as Presiding Member;
Mr. James Bacchus and Mr. Christopher Beeby as Members.
INDIA – PATENT PROTECTION FOR PHARMACEUTICAL  AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Status Report by India
Date: 12 November 1998
Document codes: WT/DS50/10
Complainant: U.S.
Respondent: India
Third parties: EU
Dispute stage: Appellate Body
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

INDIA – PATENT PROTECTION FOR PHARMACEUTICAL AND
AGRICULTURAL CHEMICAL PRODUCTS
Status Report by India
The following communication, dated 12 November 1998, from the Permanent Delegation of
India to the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.
Status Report on the Implementation of the Recommendations and Rulings in the
Dispute Regarding India – Patent Protection for Pharmaceutical and
 Agricultural Chemical Products
Pursuant to Article 21.6 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ("DSU"), the Government of India presents this first report on the status of the
implementation of the recommendation of the Dispute Settlement Body ("DSB") regarding "India –
Patent Protection for Pharmaceutical and Agricultural Chemical Products".
On 16 January 1998, the DSB adopted the Appellate Body Report on "India – Patent
Protection for Pharmaceutical and Agricultural Ch emical Products" () and the Panel
Report on "India – Patent Protection for Pharmaceutical and Agricultural Chemical Products"
() as modified by the Appellate Body Report.
On 13 February 1998, India informed the DSB of its intention to meet its obligations under
the WTO with respect to this matter. Subsequently, India and the United States, through bilateral
negotiations, agreed on 21 April 1998 that fifteen months constituted a reasonable period of time for
implementing the recommendations of the DSB with respect to this matter. India and the United
States made a joint statement to that effect in the DSB meeting held on 22 April 1998.
The Government of India is exploring vari ous options for implementing the recommendation
of the DSB relating to India's obligations under Articles 70.8 and 70.9 of the TRIPS Agreement and a
series of inter-departmental and inter-Ministerial consultations have been initiated in this regard.
INDIA – PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Status Report by India Addendum
Date: 14 January 1999
Document codes: WT/DS50/10/Add.1
Complainant: U.S.
Respondent: India
Third parties: EU
Dispute stage: Appellate Body
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

INDIA – PATENT PROTECTION FOR PHARMACEUTICAL AND
AGRICULTURAL CHEMICAL PRODUCTS
Status Report by India
Addendum
The following communication, dated 14 January 1999, from the Permanent Delegation of
India to the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.
Status Report on the Implementation of the Recommendations and Rulings in the
Dispute regarding
The Patents (Amendment) Ordinance was promulgated on 8 January 1999 to amend the
Patents Act to comply with the obligations as contained in Article 70.8 and 70.9 of the TRIPS
Agreement. A Bill to replace the Ordinance will be introduced in the Budget Session of Parliament
which is likely to commence in the fourth week of February 1999. As per Article 123 of the
Constitution of India, an Ordinance ceases to operate at the expiration of six weeks from the re-
assembly of Parliament or if before the expiration of that period, resolutions disapproving it are
passed by both the Houses. The matter would continue to remain in the legislative domain till the
legislation is approved by Parliament.
INDIA – PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Status Report by India Addendum
Date: 5 February 1999
Document codes: WT/DS50/10/Add.2; WT/DS50/10/Add.1
Complainant: U.S.
Respondent: India
Third parties: EU
Dispute stage: Appellate Body
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

INDIA – PATENT PROTECTION FOR PHARMACEUTICAL AND
AGRICULTURAL CHEMICAL PRODUCTS
Status Report by India
Addendum
The following communication, dated 5 February 1999, from the Permanent Mission of India
to the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.
Status Report on the Implementation of the Recommendations and Rulings in the
Dispute regarding
As mentioned in the status report submitted to the DSB in document
dated 14 January 1999, the Patents Ordinance was promulgated by the Government of India on
8 January 1999. Furthermore, as stated therein, a bill to replace the ordinance will be introduced in
the Budget session of the Indian Parliament which is likely to commence in the fourth week of
February 1999. The matter would continue to remain in the legislative domain till the legislation is
approved by Parliament.
India will certainly continue to report any significant developments to the DSB as and when
they occur.
INDIA – PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Status Report by India Addendum
Date: 9 March 1999
Document codes: WT/DS50/10/Add.3; WT/DS50/10/Add.2
Complainant: U.S.
Respondent: India
Third parties: EU
Dispute stage: Appellate Body
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

INDIA – PATENT PROTECTION FOR PHARMACEUTICAL AND
AGRICULTURAL CHEMICAL PRODUCTS
Status Report by India
Addendum
The following communication, dated 8 March 1999, from the Permanent Mission of India to
the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.
Status Report on the Implementation of the Recommendations and Rulings in the
Dispute regarding
As mentioned in the third status report submitted to the Dispute Settlement Body in document
No. dated 5 February 1999, the Patents (Amendment) Ordinance 1999 was
promulgated by the Government of India on 8 January 1999. Furthermore, a Bill to replace the
Ordinance is being introduced in the Budget Session of Indian Parliament which commenced on
22 February 1999. The matter would continue to remain in the legislative domain till the legislation is
approved by the Parliament.
India will keep the Dispute Settlement Body informed of all significant developments as and
when they occur.
INDIA – PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Status Report by India Addendum
Date: 16 April 1999
Document codes: WT/DS50/10/Add.4; WT/DS79/6
Complainant: U.S.
Respondent: India
Third parties: EU
Dispute stage: Appellate Body
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

INDIA – PATENT PROTECTION FOR PHARMACEUTICAL AND
AGRICULTURAL CHEMICAL PRODUCTS
Status Report by India
Addendum
The following communication, dated 15 April 1999, from the Permanent Mission of India to
the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.
Status Report on the Implementation of the Recommendations and Rulings in the
dispute regarding
In the light of the request of the Dispute Settlement Body to India to bring its legal regime for
patent protection of pharmaceutical and agricultural chemical products into conformity with India's
obligations under Articles 70.8 and 70.9 of the TRIPS Agreement, the Government of India had
introduced a Bill in the Indian Parliament to effect certain Amendments to the Patents Act, 1970.
These Amendments to the Patents Act, 1970, as passed by both Houses of Parliament, have been
approved by the President of India and notified in the Gazette of India on 26 March 1999 as the
Patents (Amendment) Act, 1999. India has thus fully complied with the recommendation of the DSB
in the dispute "".
In this context, India would also like to recall that the DSB has made a similar request to
India, i.e. to bring its transitional regime for patent protection of pharmaceutical and agricultural
chemical products into conformity with India's obligations under the TRIPS Agreement in the dispute
": Complaint by the
European Communities and its member States". With the notification of the Patents (Amendment)
Act, 1999, India has also complied with the recommendation of the DSB in the dispute initiated
against India by the European Communities and its member States.
INDIA - PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Request by the European Communities and its Member States Regarding Consultations by the United States
Date: 4 February 1999
Document codes: WT/DS50/12
Complainant: U.S.
Respondent: India
Third parties: EU
Dispute stage: Appellate Body
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

INDIA - PATENT PROTECTION FOR PHARMACEUTICAL AND
AGRICULTURAL CHEMICAL PRODUCTS
Request by the European Communities and its Member States
 Regarding Consultations by the United States
The following communication, dated 29 January 1999, from the Permanent Delegation of the
European Commission to the Permanent Mission of India, the Permanent Mission of the United States
and to the Chairman of the Dispute Settlement Body, is circulated pursuant to the procedure provided
for under Article 21.5 of the DSU.
Pursuant to the procedures laid down in Ar ticle 4.11 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes (DSU), the European Communities and its Member
States wish to join in the consultations requested by the United States by communication circulated to
WTO Members on 20 January 1999 (Doc. ).
The European pharmaceutical and agro-chemical industry has important export interests in
the Indian market.
INDIA - PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body
Date: 27 January 1998
Document codes: WT/DS50/9; WT/DS50/AB/R; WT/DS50/R
Complainant: U.S.
Respondent: India
Third parties: EU
Dispute stage: Appellate Body
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

INDIA - PATENT PROTECTION FOR PHARMACEUTICAL
AND AGRICULTURAL CHEMICAL PRODUCTS
Appellate Body Report and Panel Report
Action by the Dispute Settlement Body
At its meeting on 16 January 1998, the Dispute Settlement Body adopted the Appellate Body
report on ""
() and the panel report () as modified by the Appellate Body report. The
panel report should be read in conjunction with the Appellate Body report.
CHIMIQUES POUR L'AGRICULTURE
Rapport de l'Organe d'appel et rapport du Groupe spécial
() modifiépar le rapportde l'Organe d'appel. Le rapportduGroupespécial està rapprocher
de celui de l'Organe d'appel.
INDIA - PROTECCIÓN MEDIANTE PATENTE DE LOS PRODUCTOS
PARA LA AGRICULTURA
Actuación del Órgano de Solución de Diferencias
En su reunión de 16 de enero de 1998, el Órgano de Solución de Diferencias adoptó el informe
del Órgano de Apelación titulado "India - Protección mediante patente de los productos farmacéuticos
y losproductosquímicospara laagricultura"(), asícomoel informedel GrupoEspecial
INDIA – PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Recourse to Article 21.5 of the DSU
Date: 20 January 1999
Document codes: WT/DS50/11
Complainant: U.S.
Respondent: India
Third parties: EU
Dispute stage: Appellate Body
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

INDIA – PATENT PROTECTION FOR PHARMACEUTICAL AND
AGRICULTURAL CHEMICAL PRODUCTS
Recourse to Article 21.5 of the DSU
The following communication, dated 14 January 1999, from the Permanent Mission of the
United States to the Permanent Mission of India and to the Chairman of the Dispute Settlement Body,
is circulated in accordance with Article 21.5 and 4 of the DSU.
My authorities have instructed me to reques t consultations with the Government of India
regarding the Patents (Amendment) Ordinance, 1999 , promulgated to implement the rulings and
recommendations of the Dispute Settlement Body in the case of "India - Patent Protection for
Pharmaceutical and Agricultural Chemical Products", DS/50. The United States is concerned that the
Ordinance establishes a system of exclusive marketing rights that fails to meet the standards of the
Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). As a result, India’s
legal regime remains inconsistent with India’s obligations under the TRIPS Agreement, including
Article 70. The United States seeks to discuss our concerns regarding the Ordinance with Indian
officials at their earliest convenience, and with a view to referring the matter to the original panel
under Article 21.5 of the Understanding on Rules and Procedures Governing the Settlement of
Disputes (“DSU”) if a mutually satisfactory solution is not found.
It is the view of my government that Article 21.5 of the DSU does not require the United
States to enter into formal consultations with India prior to requesting that these measures be reviewed
thereunder. Without prejudice to this position, in the event that such consultations are required, India
should consider that this request is being made pursuant to Article 4 of the DSU.
I look forward to receiving your reply to this request and to fixing a mutually convenient date
for consultations.
BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES
Document: Request for Consultations by Japan
Date: 6 August 1996
Document codes: WT/DS51/1; G/L/98; G/SCM/D4/1; G/TRIMS/D/1
Complainant: Japan
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. I:1, III:4, XI:1  GATT 1994Art. 3, 27.2, 27.4  Subsidies and Countervailing Measures (SCM)Art. 2  Trade-Related Investment Measures (TRIMs)

BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES
Request for Consultations by Japan
The following communication, dated 30 July 1996, from the Permanent Mission of Japan to
the Permanent Mission of Brazil and the Dispute Settlement Body, is circulated in accordance with
Article 4.4 of the DSU.
Upon instruction from my authorities, I hereby wish to convey the request of the Government
of Japan for consultations with the Government of Brazil pursuant to Articles 1 and 4 of the
UnderstandingonRules and ProceduresGoverningthe Settlement of Disputes ("DSU"), ArticleXXII:1
of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"), Article 8 of the Agreement
on Trade-Related Investment Measures ("TRIMs Agreement") and Articles 4.1, 7.1 and 30 of the
Agreement on Subsidies and Countervailing Measures ("SCM Agreement") regarding certain automotive
investment measures (the "Measures") of Brazil, which have been introduced by the Government of
Brazil in December 1995 in accordance with Provisional Measure No. 1,235 and Decree 1,761 and
have been successively extended and modified by the Government of Brazil. The Measures have, inter
alia, established domestic content requirements and requirements for observance of certain proportions
between export value and import value for manufactures of motor vehicles, vehicle parts and materials.
The Government of Japan considersthat the Measures are inconsistentwithobligationsof Brazil
under the WTO Agreement, including, in particular, GATT 1994, the TRIMs Agreement and the SCM
Agreement. The provisions of these agreements with which the Measures appear to be inconsistent
include, but are not limited to, the following:
(1) Article 2 of the TRIMs Agreement;
(2) Articles I:1, III:4 and XI:1 of GATT 1994; and
(3) Articles 3, 27.2 and 27.4 of the SCM Agreement.
In addition, the Government of Japan also considers that the Measures may nullify or impair
benefits accruing to Japan under Article II of GATT 1994 within the meaning of Article XXIII:1(b)
of GATT 1994.
The Government of Japan reserves the right to raise additional factual claims and legal matters
during the course of the consultations.

We look forward to receiving your reply to this request for consultations and to agreeing upon
a mutually acceptable date for the consultations. As was expressed by our delegation at the bilateral
consultations held in Geneva on 22 and 24 July, we wish to request that they be held on 13 August.
BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES
Document: Original: English BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES Request to Join Consultations Communication from the Republic of Korea
Date: 13 August 1996
Document codes: WT/DS51/2
Complainant: Japan
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. I:1, III:4, XI:1  GATT 1994Art. 3, 27.2, 27.4  Subsidies and Countervailing Measures (SCM)Art. 2  Trade-Related Investment Measures (TRIMs)

BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES
Request to Join Consultations
Communication from the Republic of Korea
The following communication, dated 7 August 1996, from the Permanent Mission of the Republic
of Korea tothe Permanent Missions of Brazil and Japan and to the Dispute Settlement Body, iscirculated
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 Government of Korea wishes to
be joined in the consultations under Article XXII of the General Agreement on Tariffs and Trade 1994
requested by the Government of Japan regarding the automotive sector measures introduced by the
Government of Brazil in December 1995 in accordance with Provisional Measure No. 1235 and
Decree 1761, and have been successively extended and modified by the Government of Brazil. The
Government of Japan's request was circulated to WTO Members on 6 August 1996 ().
Korea, with significant automobile exports to Brazil, considers that it has a substantial trade
interest in these consultations.
BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES
Document: Original: English BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES Request to Join Consultations Communication from the European Communities
Date: 15 August 1996
Document codes: WT/DS51/3
Complainant: Japan
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. I:1, III:4, XI:1  GATT 1994Art. 3, 27.2, 27.4  Subsidies and Countervailing Measures (SCM)Art. 2  Trade-Related Investment Measures (TRIMs)

BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES
Request to Join Consultations
Communication from the European Communities
The following communication, dated 7 August 1996, from the Permanent Delegation of the
European Commission to the Permanent Missions of Brazil and Japan and to the Dispute Settlement
Body, is circulated in accordance with Article 4.11 of the DSU.
Pursuant to the procedures laid down in Article 4.11 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes, the European Community wishes to be joined in
the consultations under Article XXII:1 of the General Agreement on Tariffs and Trade 1994
(GATT 1994), Article 8 of the Agreement on Trade Related Investment Measures (TRIMs Agreement)
and Articles 4.1, 7.1 and 30 of the Agreement on Subsidies and Countervailing Measures (SCM
Agreement) requested by the Government of Japan by a communication circulated to WTO Members
on 6 August 1996 (Document , , , ) regarding certain
automotive investment measures (the "Measures") of Brazil, which have been introduced by the
Government of Brazil in December 1995 in accordance with Provisional Measure No. 1,235 and
Decree 1,761 and have been successively extended and modified by the Government of Brazil. The
Measures have, inter alia, established domestic content requirements and requirements for observance
of certain proportions between export value and import value for manufacturers of motor vehicles,
vehicle parts and materials.
The European Community has a major trade interest in the Brazilian market. Exports of the
main automobile parts and components1 originating in the European Community amounted to over
630 million ECU in 1995. This trade flow is likely to be adversely affected by the local content
requirements foreseen in the Brazilian legislation. EC exports of finished vehicles (CN headings 8701
to 8705) during the same period amounted to nearly 1,659 million ECU while imports from Brazil
amounted to 198 million ECU. Again, the foreseeable effect of the measures adopted by Brazil on
these exchanges is likely to be detrimental for the Community interests.
1This includes parts and components classified under CN headings 8706 to 8708 as well as engines classified under headings
8407 31 to 8407 34 and 8408 20. It does not include parts and components classified under other chapters such as tyres,
windscreens and other glass products or other mechanical and electrical elements classified under chapters 84 and 85.
BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES
Document: Original: English BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES Request to Join Consultations Communication from the United States
Date: 15 August 1996
Document codes: WT/DS51/4
Complainant: Japan
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. I:1, III:4, XI:1  GATT 1994Art. 3, 27.2, 27.4  Subsidies and Countervailing Measures (SCM)Art. 2  Trade-Related Investment Measures (TRIMs)

BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES
Request to Join Consultations
Communication from the United States
The following communication, dated 8 August 1996, from the Permanent Mission of the United
States to the Permanent Missions of Japan and Brazil 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 United States Government hereby notifies the Government of Brazil
that, in light of the substantial trade interest of the United States, it desires to be joined in the
consultations requested by Japan in a communication circulated to WTO Members on 6 August 1996
() entitled "".
As a significant exporter of both motor vehicles and auto parts to Brazil, the United States
has a substantial trade interest in the matter that is the subject of the Japanese request. In 1995, the
United States exported approximately $850 million worth of motor vehicles and parts to Brazil.
BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES
Document: Original: English/ anglais/ inglés BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES Acceptance by Brazil of the Request to Join Consultations by the Republic of Korea and the European Communities In communications dated 12 August 1995, Brazil informed the Dispute Settlement Body that it had accepted the requests of the Republic of Korea (WT/DS51/2) and the European Communities (WT/DS51/3) to join consultations which Japan had requested with Brazil (WT/DS51/1). BRESIL - CERTAINES MESURES CONCERNANT LES INVESTISSEMENTS DANS LE SECTEUR AUTOMOBILE Acceptation par le Brésil des demandes de participation aux consultations présentées par la République de Corée et les Communautés européennes Par communications datées du 12 août 1995, le Brésil a informé l'Organe de règlement des
Date: 15 August 1996
Document codes: WT/DS51/5; WT/DS51/2; WT/DS51/3; WT/DS51/1
Complainant: Japan
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. I:1, III:4, XI:1  GATT 1994Art. 3, 27.2, 27.4  Subsidies and Countervailing Measures (SCM)Art. 2  Trade-Related Investment Measures (TRIMs)

BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES
Acceptance by Brazil of the Request to Join Consultations by
the Republic of Korea and the European Communities
In communications dated 12 August 1995, Brazil informed the Dispute Settlement Body that
it had accepted the requests of the Republic of Korea () and the European Communities
() to join consultations which Japan had requested with Brazil ().
BRESIL - CERTAINES MESURES CONCERNANT LES INVESTISSEMENTS
DANS LE SECTEUR AUTOMOBILE
et les Communautés européennes
Por comunicación de fecha 12 de agosto de 1995 el Brasil notificó al Órgano de Solución de
BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES
Document: Original: English BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES Request to Join Consultations Communication from Canada
Date: 19 August 1996
Document codes: WT/DS51/6
Complainant: Japan
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. I:1, III:4, XI:1  GATT 1994Art. 3, 27.2, 27.4  Subsidies and Countervailing Measures (SCM)Art. 2  Trade-Related Investment Measures (TRIMs)

BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES
Request to Join Consultations
Communication from Canada
The following communication, dated 12 August 1996, from the Permanent Mission Canada to the
Permanent Missions of Japan and Brazil 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 Mission of Japan in Geneva by letter dated
30 July 1996, (; 6 August 1996), regarding certain automotive investment measures (the
"Measures") of Brazil, which have been introduced by the Government of Brazil in December 1995
inaccordance withProvisionalMeasure of 1,235and Decree 1,761and have beensuccessivelyextended
and modified by the Government of Brazil.
BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES
Document: Original: English/ anglais/ inglés BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES Acceptance by Brazil of the Request to Join Consultations by Canada In a communication dated 13 August 1996, Brazil informed the Dispute Settlement Body that it had accepted the request of Canada (WT/DS51/6) to join consultations which Japan had requested with Brazil (WT/DS51/1). BRESIL - CERTAINES MESURES CONCERNANT LES INVESTISSEMENTS DANS LE SECTEUR AUTOMOBILE Acceptation par le Brésil de la demande de participation aux consultations présentée par le Canada Par une communication datée du 13 août 1996, le Brésil a informé l'Organe de règlement des différends qu'il avait accepté la demande présentée par le Canada (WT/DS51/6) en vue de participer aux consultations que le Japon a demandé à tenir avec le Brésil (WT/DS51/1).
Date: 26 August 1996
Document codes: WT/DS51/7; WT/DS51/6; WT/DS51/1
Complainant: Japan
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. I:1, III:4, XI:1  GATT 1994Art. 3, 27.2, 27.4  Subsidies and Countervailing Measures (SCM)Art. 2  Trade-Related Investment Measures (TRIMs)

BRAZIL - CERTAIN AUTOMOTIVE INVESTMENT MEASURES
Acceptance by Brazil of the Request to Join Consultations by Canada
In a communication dated 13 August 1996, Brazil informed the Dispute Settlement Body that
it had accepted the request of Canada () to join consultations which Japan had requested
with Brazil ().
BRESIL - CERTAINES MESURES CONCERNANT LES INVESTISSEMENTS
DANS LE SECTEUR AUTOMOBILE
Por comunicación de fecha 13 de agosto de 1996 el Brasil notificó al Órgano de Solución de
BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT IN THE AUTOMOTIVE SECTOR
Document: Request for Consultations by the United States
Date: 14 August 1996
Document codes: WT/DS52/1; G/L/99; G/SCM/D5/1; G/TRIMS/D/2
Complainant: U.S.
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. I:1, II, III:4, XXIII:1(b)  GATT 1994Art. 3, 27.4  Subsidies and Countervailing Measures (SCM)Art. 2  Trade-Related Investment Measures (TRIMs)

BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT
IN THE AUTOMOTIVE SECTOR
Request for Consultations by the United States
The following communication, dated 9 August1996, from the Permanent Mission of the United
States to the Permanent Mission of Brazil and 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 Government of Brazil pursuant
to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(DSU), Article XXII:1 of the General Agreement on Tariffs and Trade 1994 ("GATT 1994"), Article 8
of the Agreement on Trade-Related Investment Measures (the "TRIMs Agreement"), and Articles 4.1,
7.1 and 30 of the Agreement on Subsidies and Countervailing Measures (the "Subsidies Agreement"),
regarding certain measures affecting trade and investment in the automotive sector implemented by
Brazil beginning in December 1995 under Provisional Measure No. 1,235 and Decree 1,761, as well
as measures which extend or modify those measures. The measures in question provide, inter alia,
for benefits to manufacturers of motor vehicles and parts, in the form of a reduction in duties on their
imports of certain products; such benefits are conditional on compliance with average domestic content
requirement, trade-balancing and local content requirements with regard to inputs, and other criteria
which may be imposed by the Ministry of Trade.
The United States considers that these measures violate the obligations of Brazil under Articles I:1
and III:4 of the GATT1994, Article 2 of the TRIMs Agreement, and Articles 3 and 27.4of the Subsidies
Agreement. The United States also considers that these measure nullify or impair benefits accruing
to the United States directly or indirectly under Article II of GATT 1994 within the meaning of
Article XXIII:1(b) of GATT 1994. The United States reserves the right to raise additional factual
claims and legal matters during the course of the consultations.
We look forward to receiving your reply to this request and to fixing a mutually acceptable
date for consultations.
BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT IN THE AUTOMOTIVE SECTOR
Document: Original: English BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT IN THE AUTOMOTIVE SECTOR Request to Join Consultations Communication from Canada
Date: 19 August 1996
Document codes: WT/DS52/2
Complainant: U.S.
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. I:1, II, III:4, XXIII:1(b)  GATT 1994Art. 3, 27.4  Subsidies and Countervailing Measures (SCM)Art. 2  Trade-Related Investment Measures (TRIMs)

BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT
IN THE AUTOMOTIVE SECTOR
Request to Join Consultations
Communication from Canada
The following communication, dated 12 August 1996, from the Permanent Mission of Canada,
to the Permanent Missions of the United States and Brazil 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 Office of the United States Trade Representative in Geneva
by letter dated 9 August 1996, regarding certain measures affecting trade and investment in the
automotive sector implemented by Brazil beginning in December 1995 under Provisional Measure
No. 1,235 and Decree 1,761, as well as measures which extend or modify those measures.
BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT IN THE AUTOMOTIVE SECTOR
Document: Original: English BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT IN THE AUTOMOTIVE SECTOR Request to Join Consultations Communication from Japan
Date: 19 August 1996
Document codes: WT/DS52/3
Complainant: U.S.
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. I:1, II, III:4, XXIII:1(b)  GATT 1994Art. 3, 27.4  Subsidies and Countervailing Measures (SCM)Art. 2  Trade-Related Investment Measures (TRIMs)

BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT
IN THE AUTOMOTIVE SECTOR
Request to Join Consultations
Communication from Japan
The following communication, dated 13 August 1996, from the Permanent Mission of Japan,
to the Permanent Missions of the United States and Brazil 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 United States in a communication to be circulated to WTO Members as document ()
concerning certain automotive investment measures by the Government of Brazil.
As a significant exporter of both motor vehicles and auto parts to Brazil, Japan has a substantial
trade interest in the matter that is the subject of the request by the United States. In 1995, Japan exported
approximately $524 million-worth of motor vehicles and parts to Brazil.
BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT IN THE AUTOMOTIVE SECTOR
Document: Original: English BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT IN THE AUTOMOTIVE SECTOR Request to Join Consultations Communication from Korea
Date: 28 August 1996
Document codes: WT/DS52/4
Complainant: U.S.
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. I:1, II, III:4, XXIII:1(b)  GATT 1994Art. 3, 27.4  Subsidies and Countervailing Measures (SCM)Art. 2  Trade-Related Investment Measures (TRIMs)

BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT
IN THE AUTOMOTIVE SECTOR
Request to Join Consultations
Communication from Korea
The following communication, dated 22 August 1996, from the Permanent Mission of Korea,
to the Permanent Missions of the United States and Brazil 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 Government of Korea wishes to
be joined in the consultations under Article XXII:1 of the General Agreement on Tariffs and Trade
1994 requested by the United States on 9 August 1996, regarding certain measures affecting trade and
investment in the automotive sector implemented by Brazil beginning in December 1995 under Provisional
Measure No. 1235 and Decree 1761 as well as measures which extend or modify these measures.
The Government of the United States' request was circulated to WTO Members on 14 August 1996

Korea, with significant automobile exports to Brazil, considers that it has a substantial trade
interest in these consultations.
BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT IN THE AUTOMOTIVE SECTOR
Document: Original: English BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT IN THE AUTOMOTIVE SECTOR Request to Join Consultations Communication from the European Communities
Date: 2 September 1996
Document codes: WT/DS52/5
Complainant: U.S.
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. I:1, II, III:4, XXIII:1(b)  GATT 1994Art. 3, 27.4  Subsidies and Countervailing Measures (SCM)Art. 2  Trade-Related Investment Measures (TRIMs)

BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT
IN THE AUTOMOTIVE SECTOR
Request to Join Consultations
Communication from the European Communities
The following communication, dated 23 August 1996, 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 4.11 of the DSU.
Pursuant to the procedures laid down in Article 4.11 of the Understanding on rules and
Procedures Governing the Settlement of Disputes, the European Community wishes to be joined in
the consultations under Article XXII:1 of the General Agreement on Tariffs and Trade 1994
(GATT 1994), Article 8 of the Agreement on trade Related Investment Measures (TRIMs Agreement)
and Articles 4.1, 7.1 and 30 of the Agreement on Subsidies and Countervailing Measures (SCM
Agreement) requested by the United States by a communication circulated to WTO Members on
14 August 1996 (Document , , , ) regarding certain
measures affecting trade and investment in the automotive sector implemented by Brazil beginning
in December 1995 under Provisional Measure No. 1,235 and Decree 1,761, as well as measures which
extend and modify those measures. The measures in question provide, inter alia, for benefits to
manufacturers of motor vehicles and parts, in the form of a reduction in duties on their imports of
certain products; such benefits are conditional on compliance with average domestic content requirement,
trade-balancing and local content requirements with regard to inputs, and other criteria.
The European Community has a major trade interest in the Brazilian market. Exports of the
main automobile parts and components originating in the European Community amounted to more
than ECU 630 million in 1995. EC exports of finished vehicles (headings 8701 to 8705) during the
same period amounted to nearly ECU 1,659 million. The foreseeable effect of the measures adopted
by Brazil on these exchanges is likely to be detrimental for the European Community interests.
BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT IN THE AUTOMOTIVE SECTOR
Document: Original: English/ anglais/ inglés BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT IN THE AUTOMOTIVE SECTOR Acceptance by Brazil of the Request to Join Consultations by Korea and the European Communities In a communication dated 13 August 1996, Brazil informed the Dispute Settlement Body that it had accepted the requests of Korea (WT/DS51/2) and the European Communities (WT/DS52/5) to join consultations which the United States had requested with Brazil (WT/DS52/1). BRESIL - CERTAINES MESURES AFFECTANT LE COMMERCE ET LES INVESTISSEMENTS DANS LE SECTEUR AUTOMOBILE Acceptation par le Brésil de la demande de participation aux consultations présentée par la Corée et les Communautés européennes Par une communication datée du 13 août 1996, le Brésil a informé l'Organe de règlement des
Date: 9 September 1996
Document codes: WT/DS52/6; WT/DS51/2; WT/DS52/5; WT/DS52/1
Complainant: U.S.
Respondent: Brazil
Dispute stage: Consultation
Agreements cited: Art. I:1, II, III:4, XXIII:1(b)  GATT 1994Art. 3, 27.4  Subsidies and Countervailing Measures (SCM)Art. 2  Trade-Related Investment Measures (TRIMs)

BRAZIL - CERTAIN MEASURES AFFECTING TRADE AND INVESTMENT
IN THE AUTOMOTIVE SECTOR
Acceptance by Brazil of the Request to Join Consultations by
Korea and the European Communities
In a communication dated 13 August 1996, Brazil informed the Dispute Settlement Body that
it had accepted the requests of Korea () and the European Communities () to
join consultations which the United States had requested with Brazil ().
BRESIL - CERTAINES MESURES AFFECTANT LE COMMERCE ET
tenir avec le Brésil ().
BRASIL - DETERMINADAS MEDIDAS QUE AFECTAN AL COMERCIO
Por comunicación de fecha 13 de agosto de 1996 el Brasil notificó al Órgano de Solución de
()de asociarse alasconsultasconel BrasilsolicitadasporlosEstadosUnidos().
MEXICO - CUSTOMS VALUATION OF IMPORTS
Document: Original: English MEXICO - CUSTOMS VALUATION OF IMPORTS Request for Consultations by the European Communities
Date: 9 September 1996
Document codes: WT/DS53/1; G/L/105
Complainant: EU
Respondent: Mexico
Dispute stage: Consultation
Agreements cited: Art. XXIV:5(b)  GATT 1994

MEXICO - CUSTOMS VALUATION OF IMPORTS
Request for Consultations by the European Communities
The following communication, dated 27 August 1996, from the Permanent Delegation of the
European Commission to the Permanent Mission of Mexico and 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 Mexico pursuant
to Article XXII:1 of the General Agreement on Tariffs and Trade 1994 (GATT 1994) and Article 4
of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) concerning
the Mexican Customs Law (Ley Aduanera), and the Resolution establishing the general rules governing
the application of the customs provisions of the North American Free Trade Agreement (Resolución
aduanera del Tratado de Libre Comercio de América de Norte - Titulo III: Procedimientos Aduaneros-
Artículo 14). On 29 December 1993, Mexico amended its Customs Law to apply CIF value as the
basis of customs valuation of imports originating in non-NAFTA countries, and FOB value for imports
originating in NAFTA countries. Prior to this amendment, Mexico applied FOB value for all imports.
The European Community wishes to express its concern with its apparent lack of conformity
of the Mexican customs valuation system with the obligations of Mexico under GATT 1994. In
particular, but not necessarily exclusively, the European Community considers that Mexico's Customs
Law may constitute a breach of Article XXIV:5(b) of GATT 1994.
I look forward to receiving your reply to this request from the European Community and to
setting a mutually convenient date for these consultations.
MEXICO - CUSTOMS VALUATION OF IMPORTS
Document: Original: English MEXICO - CUSTOMS VALUATION OF IMPORTS Request to Join Consultations Communication from Norway
Date: 18 September 1996
Document codes: WT/DS53/2
Complainant: EU
Respondent: Mexico
Dispute stage: Consultation
Agreements cited: Art. XXIV:5(b)  GATT 1994

MEXICO - CUSTOMS VALUATION OF IMPORTS
Request to Join Consultations
Communication from Norway
The following communication, dated 12 September 1996, from the Permanent Mission of Norway
to the Permanent Mission of Mexico and the Permanent Delegation of the European Commission and
the Dispute Settlement Body is circulated in accordance with Article 4.11 of the DSU.
Kindly be informed that, pursuant to paragraph 11 of Article 4 of the DSU, Norway wishes
to be joined in the consultations under Article XXII:1 of GATT 1994 requested by the European
Communities on27August1996,concerningthe Mexican Customs Law, andthe resolutionestablishing
the general rules governing the application of customs provisions of the North American Free Trade
Agreement. The request was circulated on 9 September 1996 ().
Norway considers that it has a substantial trade interest in these consultations.