DENMARK – MEASURES AFFECTING THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Notification of Mutually Agreed Solution
Date: 13 June 2001
Document codes: WT/DS83/2; WT/DS83/1; IP/D/9
Complainant: Canada
Respondent: EU
Dispute stage: Panel
Agreements cited: Art. 1  Customs valuationArt. II, VII  GATT 1994

DENMARK – MEASURES AFFECTING THE ENFORCEMENT OF
INTELLECTUAL PROPERTY RIGHTS
Notification of Mutually Agreed Solution
The following communication, dated 7 June 2001, from the Permanent Mission of the
United States, the Permanent Mission of Denmark and the Permanent Delegation of the European
Commission to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 3.6 of
the DSU.
The United States of America and the European Communities – Denmark wish to notify the
Dispute Settlement Body that they have reached a mutually satisfactory solution to the matter raised
by the Government of the United States in , dated 14 May 1997, concerning the obligation
of the European Communities and Denmark under the Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS Agreement) to make available prompt and effective provisional
measures inaudita altera parte in civil proceedings involving intellectual property rights.
On March 20, 2001 the Danish Parliament passed amendments to the Administration of
Justice Act granting the relevant judicial authorities in Denmark the authority to order provisional
measures in the context of civil proceedings involv ing the enforcement of intellectual property rights.
Specifically, the amendments provide that the judicial authorities may decide that an investigation at
the place of the defendant shall be carried out in order to secure evidence of an infringement of
intellectual property rights, and that such an investigation may be conducted without prior notification
of the defendant if it is assumed that the notification would cause a risk of removal, destruction or
modifications of objects, documents, information in computer systems or anything else which are
comprised by the petition for investigation. These amendments were signed into law as Act No. 216 –
Act on Amendment of the Administration of Jus tice Act and the Act on Court Fees (Securing of
Evidence in Cases of Infringement of Intellectual Property Rights, etc.) on March 28, 2001.
Based on developments, the European Communities – Denmark and the United States have
agreed to terminate consultations on this matter a nd the United States wishes formally to withdraw
this matter from further attention under the provisions of the Understanding on Rules and Procedures
Governing the Settlement of Disputes. This agreement is without prejudice to the rights or
obligations of the Members under the Agreement Establishing the World Trade Organization and the

IP/D/9/Add.1

TRIPS Agreement. We would ask you to circulate this notification to the relevant Councils and
Committees, as well as to the DSB.
(s) Mr. Henrik Rée Iversen (s) Ms. Rita D. Hayes
Ambassador and Permanent Representative Ambassador and Permanent Representative
Permanent Mission of Denmark Permanent Mission of the United States
(s) Mr. Carlo Trojan
Ambassador and Permanent Representative
Permanent Delegation of the European Commission