dean22029/WTO_Docs huggingface dataset:
IRELAND – MEASURES AFFECTING THE GRANT OF COPYRIGHT AND NEIGHBOURING RIGHTS (WT/DS82) EUROPEAN COMMUNITIES – MEASURES AFFECTING THE GRANT OF COPYRIGHT AND NEIGHBOURING RIGHTS (WT/DS115)
Document: GRANT OF COPYRIGHT AND NEIGHBOURING RIGHTS (WT/DS115) Notification of Mutually Agreed Solution
Date: 13 September 2002
Document codes: WT/DS82/3; WT/DS115/3; IP/D/8; IP/D/12
Complainant: Peru
Respondent: EU
Third parties: Australia, Canada, Iceland, Japan, U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. I, III  GATT 1994Art. 2, 12  Technical Barriers to Trade (TBT)

IRELAND – MEASURES AFFECTING THE
GRANT OF COPYRIGHT AND NEIGHBOURING RIGHTS
(WT/DS82)
EUROPEAN COMMUNITIES – MEASURES AFFECTING THE
GRANT OF COPYRIGHT AND NEIGHBOURING RIGHTS
(WT/DS115)
Notification of Mutually Agreed Solution
The following communication, dated 6 November 2000, from the Permanent Mission of
Ireland, the Permanent Delegation of the European Commission and the Permanent Mission of the
United States to the Chairman of the Dispute Settlement Body, is circulated pursuant to Article 3.6 of
the DSU.
The United States of America, Ireland and the European Communities 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 and , dated 14 May 1997 and
6 January 1998, respectively, concerning the protection of copyright and neighbouring rights under
Ireland's law.
During consultations on this matter, agreement was reached whereby Ireland would first pass
a bill on an expedited basis to address two particularly pressing enforcement issues, and would then
amend its copyright law in conformity with TRIPS. Ireland accomplished the former by ways of the
Intellectual Property (Miscellaneous Provisions) Act 1998 (28 of 1998), and the latter by way of the
Copyright and Related Rights Act 2000 (28 of 2000). Ireland has agreed to implement the Copyright
and Related Rights Act 2000 by the end of December 2000.
Based on these developments, Ireland, the European Communities and the United States have
agreed that a mutually satisfactory solution has been reached to the matter raised by the United States.
This agreement is without prejudice to the rights or obligations of the Members under the Agreement

Establishing the and the Agreement on Trade-Related Aspects of
Intellectual Property Rights. We would ask you to circulate this notification to the relevant Councils
and Committees, as well as to the DSB.
(s.) Mr. Paul Bennett (s.) Ms. Rita D. Hayes
Chargé d'affaires, a.i. Ambassador and Permanent Representative
Permanent Mission of Ireland Permanent Mission of the United States
(s.) Mr. Carlo Trojan
Ambassador and Permanent Representative
Permanent Delegation of the European Commission
IRELAND - MEASURES AFFECTING THE GRANT OF COPYRIGHT AND NEIGHBOURING RIGHTS
Document: Request for Consultations by the United States
Date: 22 May 1997
Document codes: WT/DS82/1; IP/D/8
Complainant: U.S.
Respondent: Ireland
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 46, 47, 48, 61, 63, 65, 70, 41, 42, 43, 44, 45, 9, 13, 14  Intellectual Property (TRIPS)

IRELAND - MEASURES AFFECTING THE GRANT OF
COPYRIGHT AND NEIGHBOURING RIGHTS
Request for Consultations by the United States
The following communication, dated 14 May 1997, from the Permanent Mission of the United
States to the Permanent Mission of Ireland 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 Government of Ireland
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 XXII 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 1 January 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 the TRIPS Agreement, including but not necessarily limited to Articles 9-14, 63 and
65 of that Agreement.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.
DENMARK - MEASURES AFFECTING THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Request for Consultations by the United States
Date: 21 May 1997
Document codes: WT/DS83/1; IP/D/9
Complainant: U.S.
Respondent: Denmark
Dispute stage: Consultation
Agreements cited: Art. 50, 63, 65  Intellectual Property (TRIPS)

DENMARK - MEASURES AFFECTING THE ENFORCEMENT OF
INTELLECTUAL PROPERTY RIGHTS
Request for Consultations by the United States
The following communication, dated 14 May 1997, from the Permanent Mission of the United
States to the Permanent Mission of Denmark 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 Government of Denmark
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 XXII of the General Agreement on Tariffs and Trade
1994) regarding the making available of provisional measures under Danish law.
The TRIPS Agreement obligates all members of the to make
provisional measures available in the context of civil proceedings involving intellectual property rights.
In light of Denmark's status as a developed country, the TRIPS Agreement applied to it on 1 January
1996.
Denmark does not appear to make available provisional measures in the context of civil
proceedings involving intellectual property rights. As such, Danish law would appear to be inconsistent
with its obligations under the TRIPS Agreement, including but not necessarily limited to TRIPS
Agreement Articles 50, 63 and 65.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.
KOREA - TAXES ON ALCOHOLIC BEVERAGES
Document: Request for Consultations by the United States
Date: 28 May 1997
Document codes: WT/DS84/1
Complainant: U.S.
Respondent: South Korea
Third parties: Canada, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

KOREA - TAXES ON ALCOHOLIC BEVERAGES
Request for Consultations by the United States
The following communication, dated 23 May 1997, from the Permanent Mission of the United
States tothe Permanent Mission of Korea and tothe Dispute Settlement Body,iscirculated in accordance
with Article 4.4 of the DSU.
On behalf of the United States, I wish to convey to you a request for consultations with Korea
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
and ArticleXXII of the General Agreement onTariffs and Trade 1994(GATT1994)concerningKorea's
internal taxes on certain alcoholic beverages.
Korea's taxation of alcoholic beverages, including tax treatment set forth in the Liquor Tax
Law and the Education Tax Law, appears to be inconsistent with Korea's obligation under Article III:2
of the GATT 1994. In particular, we understand that tax rates on soju are lower than those imposed
on distilled spirits imported from the United States.
I look forward to receiving your reply to this request and to fixing a mutually convenient date
for consultations.
KOREA - TAXES ON ALCOHOLIC BEVERAGES
Document: Request to Join Consultations Communication from Canada
Date: 2 June 1997
Document codes: WT/DS84/2
Complainant: U.S.
Respondent: South Korea
Third parties: Canada, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

KOREA - TAXES ON ALCOHOLIC BEVERAGES
Request to Join Consultations
Communication from Canada
The following communication, dated 29 May 1997, from the Permanent Mission of Canada
to the Permanent Mission of the United States, the Permanent Mission of Korea 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 the United States in Geneva by letter
dated 23 May 1997 (, 28 May 1997), concerning Korea's internal taxes on certain alcoholic
beverages.
KOREA - TAXES ON ALCOHOLIC BEVERAGES
Document: Request to Join Consultations Communication from the European Communities
Date: 13 June 1997
Document codes: WT/DS84/3
Complainant: U.S.
Respondent: South Korea
Third parties: Canada, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

KOREA - TAXES ON ALCOHOLIC BEVERAGES
Request to Join Consultations
Communication from the European Communities
The following communication, dated 5 June 1997, from the Permanent Delegation of the
European Commission to the Permanent Mission of Korea 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 XXII:1 of GATT 1994 requested by the United States as
regards the internal taxes imposed by Korea on certain alcoholic beverages pursuant to the Liquor Tax
Law and the Education Tax Law. The request of the United States for consultations with Korea was
circulated to WTO Members on 28 May 1997 ().
The European Communities have a substantial trade interest in the Korean market of alcoholic
beverages and they have already held consultations with Korea under Article XXII:1 of GATT 1994
on 29 May 1997.
KOREA - TAXES ON ALCOHOLIC BEVERAGES
Document: Original: English KOREA - TAXES ON ALCOHOLIC BEVERAGES Request for the Establishment of a Panel by the United States
Date: 15 September 1997
Document codes: WT/DS84/4; WT/DS84/1
Complainant: U.S.
Respondent: South Korea
Third parties: Canada, Mexico
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

KOREA - TAXES ON ALCOHOLIC BEVERAGES
Request for the Establishment of a Panel by the United States
The following communication, dated 10 September 1997, from the Permanent Mission of the
United States to the Chairman of the Dispute Settlement Body, is circulated at the request of that
delegation.
On 23 May 1997, the United States Government requested consultations with the Government
of Korea pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes,ArticleXXII of theGeneral Agreement onTariffs and Trade 1994(GATT1994)concerning
Korea’ s internal taxes on certain alcoholic beverages ().
Under its general liquor tax law, Korea imposes a lower tax on the traditional Korean distilled
spirit soju than the high taxes it applies to other distilled spirits such as whiskey, brandy, vodka, rum,
gin and “ ad-mixtures” . This difference in tax burden is made even more dramatic by the application
of an Education Tax. Thus, the tax burden on some U.S. distilled spirits can be over four times greater
than the tax burden on soju.
The United States and Korea held consultations on these tax measures in Geneva on 24 June.
These consultations provided some helpful clarifications but they have failed to settle the dispute. The
United States considers that Korea’ s internal taxes on distilled spirits are inconsistent with Korea’ s
obligations under Article III:2 of the GATT 1994.
Accordingly, the United States respectfully requests that a panel be established to examine this
matter at the next meeting of the Dispute Settlement Body.
UNITED STATES - MEASURES AFFECTING TEXTILES AND APPAREL PRODUCTS
Document: Original: English UNITED STATES - MEASURES AFFECTING TEXTILES AND APPAREL PRODUCTS Request to Join Consultations Communication from Switzerland
Date: 11 June 1997
Document codes: WT/DS85/2; WT/DS85/1
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. III  GATT 1994Art. 2  Rules of OriginArt. 2  Technical Barriers to Trade (TBT)Art. 2, 4  Textiles and Clothing

UNITED STATES - MEASURES AFFECTING
TEXTILES AND APPAREL PRODUCTS
Request to Join Consultations
Communication from Switzerland
The following communication, dated 4 June 1997, from the Permanent Mission of Switzerland
to the Permanent Mission of the United States, 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 DSU, Switzerland notifies hereby that it considers
to have a substantial trade interest in the consultations requested by the European Communities in
document , circulated on 3 June 1997. Switzerland consequently notifies hereby its desire
to be joined in these consultations.
UNITED STATES - MEASURES AFFECTING TEXTILES AND APPAREL PRODUCTS
Document: Original: Spanish UNITED STATES - MEASURES AFFECTING TEXTILES AND APPAREL PRODUCTS Request to Join Consultations Communication from Honduras
Date: 18 June 1997
Document codes: WT/DS85/3
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. III  GATT 1994Art. 2  Rules of OriginArt. 2  Technical Barriers to Trade (TBT)Art. 2, 4  Textiles and Clothing

UNITED STATES - MEASURES AFFECTING
TEXTILES AND APPAREL PRODUCTS
Request to Join Consultations
Communication from Honduras
The following communication, dated 11 June 1997, from the Permanent Mission of Honduras
to the Permanent Mission of the United States, 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 and Article XXII of the General Agreement on Tariffs and Trade 1994
(GATT 1994), the Government of Honduras hereby notifies that, having a substantial trade interest,
it wishes to be joined in the consultations requested by the Permanent Delegation of the European
Commission in document , , , of 3 June 1997, regarding the change
to United States rules of origin applying to textiles and apparel products.
Our interest in this matter also stems from its possible implications for the implementation
of important agreements in the WTO framework.
UNITED STATES - MEASURES AFFECTING TEXTILES AND APPAREL PRODUCTS
Document: Original: English UNITED STATES - MEASURES AFFECTING TEXTILES AND APPAREL PRODUCTS Request to Join Consultations Communication from Hong Kong
Date: 17 June 1997
Document codes: WT/DS85/4
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. III  GATT 1994Art. 2  Rules of OriginArt. 2  Technical Barriers to Trade (TBT)Art. 2, 4  Textiles and Clothing

UNITED STATES - MEASURES AFFECTING
TEXTILES AND APPAREL PRODUCTS
Request to Join Consultations
Communication from Hong Kong
The following communication, dated 13 June 1997, from the Hong Kong Economic and Trade
Office to the Permanent Mission of the United States, 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 the procedures laid down in Article 4.11 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes, Hong Kong wishes to be joined in the consultations
requested by the European Communities under, inter alia, Article XXII of the General Agreement on
Tariffs and Trade 1994 as circulated under WTO document reference dated 3 June 1997,
regarding the changes by the United States of America to their rules of origin for textiles and apparel
products, which changes entered into force on 1 July 1996.
Hong Kong considers that it has a substantial trade interest in the consultations requested by
the European Communities.
UNITED STATES - MEASURES AFFECTING TEXTILES AND APPAREL PRODUCTS
Document: Original: English UNITED STATES - MEASURES AFFECTING TEXTILES AND APPAREL PRODUCTS Request to Join Consultations Communication from Pakistan
Date: 18 June 1997
Document codes: WT/DS85/5
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. III  GATT 1994Art. 2  Rules of OriginArt. 2  Technical Barriers to Trade (TBT)Art. 2, 4  Textiles and Clothing

UNITED STATES - MEASURES AFFECTING
TEXTILES AND APPAREL PRODUCTS
Request to Join Consultations
Communication from Pakistan
The following communication, dated 12 June 1997, from the Permanent Mission of Pakistan
to the Permanent Mission of the United States, the Permanent Delegation of the European Commission
and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
I am writing to request that with reference to the consultations requested by the European
Communities with the United States pursuant to Article 4.4 of the DSU on the subject mentioned above,
the Pakistan delegation wishes to notify its desire to join the consultations as a third party in accordance
with Article 4.11 of the DSU.
I wish to point out that Pakistan being a major textile exporting country has substantial interest
in the issue. Our interest in the subject also emanates from the possible implications that the matter
has for Pakistan’ s textiles exports to the United States.
UNITED STATES - MEASURES AFFECTING TEXTILES AND APPAREL PRODUCTS
Document: Original: English UNITED STATES - MEASURES AFFECTING TEXTILES AND APPAREL PRODUCTS Request to Join Consultations Communication from India
Date: 18 June 1997
Document codes: WT/DS85/6; WT/DS85/1
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. III  GATT 1994Art. 2  Rules of OriginArt. 2  Technical Barriers to Trade (TBT)Art. 2, 4  Textiles and Clothing

UNITED STATES - MEASURES AFFECTING
TEXTILES AND APPAREL PRODUCTS
Request to Join Consultations
Communication from India
The following communication, dated 12 June 1997, from the Permanent Mission of India to
the Permanent Mission of the United States, the Permanent Delegation of the European Commission
and to the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
Please refer to the communication from the Permanent Delegation of the EC to the US Mission
and to the DSB regarding “ US - Measures Affecting Textiles and Apparel Products” (,
dated 3 June 1997), under Article 4.4 of the DSU.
As India has substantial trade interest in this matter, under the provisions of paragraph 11 of
Article 4 of the DSU, India would desire to join in the consultations to be held by the EC with the
US.
UNITED STATES - MEASURES AFFECTING TEXTILES AND APPAREL PRODUCTS
Document: Original: English UNITED STATES - MEASURES AFFECTING TEXTILES AND APPAREL PRODUCTS Request to Join Consultations Communication from Japan
Date: 19 June 1997
Document codes: WT/DS85/7
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. III  GATT 1994Art. 2  Rules of OriginArt. 2  Technical Barriers to Trade (TBT)Art. 2, 4  Textiles and Clothing

UNITED STATES - MEASURES AFFECTING
TEXTILES AND APPAREL PRODUCTS
Request to Join Consultations
Communication from Japan
The following communication, dated 13 June 1997, from the Permanent Mission of Japan to
the Permanent Mission of the United States, 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 that, in light of the substantial
trade interest of Japan, it desires to participate in the consultations requested by the European
Communities in a communication circulated to WTO Members on 3 June 1997 () entitled
“ ” .
UNITED STATES - MEASURES AFFECTING TEXTILES AND APPAREL PRODUCTS
Document: Original: Spanish UNITED STATES - MEASURES AFFECTING TEXTILES AND APPAREL PRODUCTS Request to Join Consultations Communication from Dominican Republic
Date: 25 June 1997
Document codes: WT/DS85/8
Complainant: EU
Respondent: U.S.
Dispute stage: Consultation
Agreements cited: Art. III  GATT 1994Art. 2  Rules of OriginArt. 2  Technical Barriers to Trade (TBT)Art. 2, 4  Textiles and Clothing

UNITED STATES - MEASURES AFFECTING
TEXTILES AND APPAREL PRODUCTS
Request to Join Consultations
Communication from Dominican Republic
The following communication, dated 13 June 1997, from the Permanent Mission of the
Dominican Republic to the Permanent Mission of the United States, the Permanent Delegation of the
EuropeanCommission and tothe DisputeSettlement Body,iscirculated inaccordance withArticle 4.11
of the DSU.
Pursuant to Article 4.11 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes of the WTO and Article XXII of the General Agreement on Tariffs and Trade 1994
(GATT 1994), I have the honour to inform you that the Dominican Republic wishes to join the
consultations requested by the Commission of the European Union in document , ,
 of 3 June 1997, regarding the changes by the United States to the rules of origin for textiles
and apparel products.
SWEDEN – MEASURES AFFECTING THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Notification of Mutually-Agreed Solution
Date: 11 December 1998
Document codes: WT/DS86/2; WT/DS86/1; IP/D/10
Complainant: Canada
Respondent: Japan
Dispute stage: Appellate Body
Agreements cited: Art. III:1, III:2  GATT 1994

SWEDEN – MEASURES AFFECTING THE ENFORCEMENT OF
INTELLECTUAL PROPERTY RIGHTS
Notification of Mutually-Agreed Solution
The following communication, dated 2 December 1998, from the Permanent Mission of the
United States, the Permanent Delegation of the European Commission and the Permanent Mission of
Sweden 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 – Sweden 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 2 June 1997, concerning the obligations
of the European Communities and the Government of Sweden under the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS) to make available prompt and effective provisional
measures inaudita altera parte in civil proceedings involving intellectual property rights.
To fulfil this obligation, inter alia, the Parliament of Sweden passed legislation on
25 November 1998 amending Sweden's Copyright Act, Trademarks Act, Patents Act, Design
Protection Act, Trade Names Act, Act on Protecti on of Semiconductor Products, and Plant Breeders
Protection Act. This legislation grants judicial authorities in Sweden the authority to order
provisional measures in the context of civil proceedings involving intellectual property rights.
Specifically, the legislation provides that if there is reason to believe that a person has taken or is
about to take action to infringe intellectual property rights, the court may order a search for infringing
materials, documents or other relevant evidence. The search may be ordered inaudita altera parte if
there is a risk that materials or documents could be removed, destroyed or altered. The legislation
will come into effect on 1 January, 1999.
Based on these developments, the European Communities – Sweden and the United States
have agreed to terminate consultations on this matter and the United States wishes formally to
withdraw this matter from further attention under the provisions of the Dispute Settlement
Understanding. This agreement is without prejudice to the rights or obligations of either Member
under the Agreement Establishing the World Trade Organization.
SWEDEN - MEASURES AFFECTING THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
Document: Request for Consultations by the United States
Date: 2 June 1997
Document codes: WT/DS86/1; IP/D/10
Complainant: U.S.
Respondent: Sweden
Dispute stage: Consultation
Agreements cited: Art. 50, 63, 65  Intellectual Property (TRIPS)

SWEDEN - MEASURES AFFECTING THE ENFORCEMENT OF
INTELLECTUAL PROPERTY RIGHTS
Request for Consultations by the United States
The following communication, dated 28 May 1997, from the Permanent Mission of the United
States to the Permanent Mission of Sweden 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 Government of Sweden
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 XXII of the General Agreement on
Tariffs and Trade 1994) regarding the making available of provisional measures under Swedish law.
The TRIPS Agreement obligates all Members of the to make
provisional measures available in the context of civil proceedings involving intellectual property rights.
In light of Sweden's status as a developed country, the TRIPS Agreement applied to it
on 1 January 1996.
Sweden does not appear to make available provisional measures in the context of civil proceedings
involving intellectual property rights. As such, Swedish law would appear to be inconsistent in its
obligations under the TRIPS Agreement, including but not necessarily limited to TRIPS Agreement
Articles 50, 63 and 65.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.
CHILE - TAXES ON ALCOHOLIC BEVERAGES
Document: Original: English CHILE - TAXES ON ALCOHOLIC BEVERAGES Request for Consultations by the European Communities
Date: 11 June 1997
Document codes: WT/DS87/1
Complainant: EU
Respondent: Chile
Third parties: Canada, Mexico, Peru, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

CHILE - TAXES ON ALCOHOLIC BEVERAGES
Request for Consultations by the European Communities
The following communication, dated 4 June 1997, from the Permanent Delegation of the
European Commission to the Permanent Mission of Chile 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 Chile under 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) regarding the Special Sales Tax on
spirits in Chile.
Consultations with Chile on this issue were first held in 1989, but they were interrupted for
the Uruguay Round. In 1994, they were restarted on a bilateral basis and Chile gave assurances that
the problem would be resolved. Various representations and discussions in 1995 and 1996 failed to
resolve the issue.
The European Community has therefore decided to request WTO consultations, since the Chilean
Special Sales Tax on Spirits appears to be inconsistent with the Chilean obligations under GATT 1994.
In particular, Chile appears to impose a lower tax on Pisco than on certain other like spirits imported
from the European Community, thereby infringing Article III:2, first sentence, of GATT 1994. Chile
also appears to impose a lower tax on Pisco than on other directly competitive or substitutable spirits
imported from the European Community, so as to afford protection to the domestic production of Pisco,
thus violating Article III:2, second sentence, of GATT 1994.
I look forward to receiving your reply to this request and to setting a mutually convenient date
for the consultations.
CHILE - TAXES ON ALCOHOLIC BEVERAGES
Document: Original: Spanish CHILE - TAXES ON ALCOHOLIC BEVERAGES Request to Join Consultations Communication from Peru
Date: 30 June 1997
Document codes: WT/DS87/1
Complainant: EU
Respondent: Chile
Third parties: Canada, Mexico, Peru, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

WORLD TRADE WT/SD87/2

CHILE - TAXES ON ALCOHOLIC BEVERAGES
Request to Join Consultations
Communication from Peru
The following communication, dated 19 June 1997, from the Permanent Mission of Peru to
the Permanent Mission of Chile, the Permanent Delegation of the European Commission and to the
Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
I wish to advise you that, pursuant to Article 4 of the Understanding on Rules and Procedures
Governing the Settlement of Disputes of the , the Government of Peru has
today requested to be joined in the consultations which the European Community, through its
communication of 11 June 1997 (document ), has requested with Chile concerning the
Special Sales Tax on spirits in that country.
CHILE - TAXES ON ALCOHOLIC BEVERAGES
Document: Request to Join Consultations Communication from the United States
Date: 25 June 1997
Document codes: WT/DS87/3
Complainant: EU
Respondent: Chile
Third parties: Canada, Mexico, Peru, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

CHILE - TAXES ON ALCOHOLIC BEVERAGES
Request to Join Consultations
Communication from the United States
The following communication, dated 23 June 1997, from the Permanent Mission of the
United States to the Permanent Mission of Chile, 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 United States Government hereby notifies the Dispute Settlement Body
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 on 11 June 1997 (), entitled "".
The United States has a substantial trade interest in the alcoholic beverages that are the subject
of the EC request. The United States is a major producer and exporter of distilled spirits. United States
distilled spirits production in 1996 was estimated at $3.8 billion, approximately 17 per cent of world
production. Total U.S. distilled spirits exports in 1996 were $385 million. Chile is the 19th largest
market for U.S. distilled spirits exports. U.S. exports of distilled spirits were valued at $1.1 million
in 1996.
CHILE - TAXES ON ALCOHOLIC BEVERAGES
Document: Original: Spanish CHILE - TAXES ON ALCOHOLIC BEVERAGES Request to Join Consultations Communication from Mexico
Date: 30 June 1997
Document codes: WT/DS87/4; WT/DS87/1
Complainant: EU
Respondent: Chile
Third parties: Canada, Mexico, Peru, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

CHILE - TAXES ON ALCOHOLIC BEVERAGES
Request to Join Consultations
Communication from Mexico
The following communication, dated 20 June 1997, from the Permanent Mission of Mexico
to the Permanent Delegation of the European Commission, the Permanent Mission of Chile and to
the Dispute Settlement Body, is circulated in accordance with Article 4.11 of the DSU.
I have been instructed by my authorities to inform you that, pursuant to Article 4.11 of the
Dispute Settlement Understanding, Mexico wishes to be joined in the consultations requested by the
European Community with Chile under Article XXII of GATT 1994 (document of
11 June 1997), owing to Mexico's substantial trade interest in this matter.
CHILE - TAXES ON ALCOHOLIC BEVERAGES
Document: Original: English CHILE - TAXES ON ALCOHOLIC BEVERAGES Request for the Establishment of a Panel by the European Communities
Date: 6 October 1997
Document codes: WT/DS87/5
Complainant: EU
Respondent: Chile
Third parties: Canada, Mexico, Peru, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

CHILE - TAXES ON ALCOHOLIC BEVERAGES
Request for the Establishment of a Panel by the European Communities
The following communication, dated 3 October 1997, 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 European Communities requested consultations with Chile on 4 June 1997 under Article 4
of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU) and
Article XXII:1 of GATT 1994 regarding the Special Sales Tax on Spirits in Chile.
On 3 July 1997, consultations were held between the two parties with a view to reaching a
mutually satisfactory solution. Unfortunately, the consultations failed to settle the dispute.
The European Communities hereby request that a panel be established at the next meeting of
the Dispute Settlement Body (DSB) pursuant to Article 6 of the DSU and Article XXIII:2 of GATT
1994.
The EuropeanCommunities claim that Chile, by according a preferential tax treatment, through
the Special Sales Tax on Spirits, to Pisco vis-à-vis certain alcoholic beverages falling within HS
heading 2208, has acted inconsistently with Article III:2 of GATT 1994, therefore nullifying or impairing
the benefits accruing to the European Communities under GATT 1994.
The European Communities request that the Panel be established with standard terms of reference
as set out in Article 7 of the DSU.
CHILE – TAXES ON ALCOHOLIC BEVERAGES
Document: Constitution of the Panel Established at the Request of the European Communities Communication from the Chairman of the DSB
Date: 1 July 1998
Document codes: WT/DS87/6; WT/DS110/5; WT/DS87/5; WT/DS110/4; WT/DS110/4.; WT/DS87/5
Complainant: EU
Respondent: Chile
Third parties: Canada, Mexico, Peru, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

CHILE – TAXES ON ALCOHOLIC BEVERAGES
Constitution of the Panel Established at the Request of
the European Communities
Communication from the Chairman of the DSB
1. At its meetings on 18 November 1997 and 25 March 1998, the DSB established panels
pursuant to requests by the European Communities ( and , respectively). At
its meeting of 25 March 1998, the DSB agreed, pursuant to Article 9.1, that the panel established on
18 November 1997 also examine the complaint contained in document
2. The terms of reference of the Panel are the following:
"To examine, in the light of the relevant provisions of the covered agreements cited by the
European Communities in documents and , the matter referred to
the DSB by the European Communities in those documents 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 10 and 11 June 1998, the European Communities and Chile, respectively, requested the
Director-General, pursuant to Article 8.7 of the DS U, to compose the Panel. Article 8.7 of the DSU
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. The Director-General has accordingly composed the panel as follows:
Chairman: Mr. Wilhelm Meier
Members: Mr. Mohan Kumar
Professor Colin McCarthy
5. Canada, Mexico, Peru and the United States have reserved rights as a third party to the
dispute.
CHILE - TAXES ON ALCOHOLIC BEVERAGES
Document: Communication from the Chairman of the Panel
Date: 25 January 1999
Document codes: WT/DS87/7; WT/DS110/6
Complainant: EU
Respondent: Chile
Third parties: Canada, Mexico, Peru, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

CHILE - TAXES ON ALCOHOLIC BEVERAGES
Communication from the Chairman of the Panel
The following communication, dated 19 January 1999, addressed to the Dispute Settlement
Body, is circulated in accordance with Article12.9 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 that the final report is issued to the parties shall, as a general rule, not exceed six
months.
Article 12.9 of the DSU states that when a panel considers that it cannot issue its report within
six months, it shall inform the Dispute Settlement Body (DSB) in writing of the reasons for the delay,
together with an estimate of the period within which it will issue its report
Panels on "" were established by the DSB on
18 November 1997 and 25 March 1998 to examine two separate complaints from the European
Communities. The DSB agreed, pursuant to Article 9.1, that the two complaints be examined by one
panel.
The Director-General composed the Panel, pursuant to Article 8.7 of the DSU, on
25 June 1998. However, it will not be possible for the Panel to complete its work in six months due to
the parties' wish to use the maximum time periods prescribed in Appendix 3 of the DSU.
The Panel expects to circulate the final report to the parties by the end of April 1999.
CHILE – TAXES ON ALCOHOLIC BEVERAGES
Document: Communication from the Appellate Body
Date: 10 November 1999
Document codes: WT/DS87/9; WT/DS110/8
Complainant: EU
Respondent: Chile
Third parties: Canada, Mexico, Peru, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

CHILE – TAXES ON ALCOHOLIC BEVERAGES
Communication from the Appellate Body
The following communication, dated 10 November 1999, 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 the Dispute
Settlement Body of 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.
Chile 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 in this case on
13 September 1999 with the result that the 60-day period will expire on Friday, 12 November 1999.
Due to the time required for completion and translation of the Report, the Appellate Body will not be
able to circulate its Report by 12 November 1999. We estimate that the Appellate Body Report in this
appeal will be circulated to WTO Members no later than Monday, 13 December 1999.
CHILE – TAXES ON ALCOHOLIC BEVERAGES
Document: Communication from the Appellate Body
Date: 15 December 1999
Document codes: WT/DS87/10; WT/DS110/9; WT/DS87/AB/R; WT/DS110/AB/R.
Complainant: EU
Respondent: Chile
Third parties: Canada, Mexico, Peru, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

CHILE – TAXES ON ALCOHOLIC BEVERAGES
Communication from the Appellate Body
The following communication, dated 13 December 1999, from Mr. Said El-Naggar, 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 , , It will be circulated later today to
Members of the , in accordance with paragraph 5 of Article 17 of the
Understanding on Rules and Procedures Go verning the Settlement of Disputes . The three Members
of the Appellate Body who served on this appeal were Mr. Florentino Feliciano, as Presiding
Member; Mr. Claus
-Dieter Ehlermann and Mr. Julio Lacarte-Muró, as Members.
CHILE – TAXES ON ALCOHOLIC BEVERAGES
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: 27 March 2000
Document codes: WT/DS87/14; WT/DS110/13
Complainant: EU
Respondent: Chile
Third parties: Canada, Mexico, Peru, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

CHILE – TAXES ON ALCOHOLIC BEVERAGES
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 27 March 2000, from the Permanent Mission of Chile
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 Chile, dated 15 March 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 Chile to implement
the recommendations and rulings of the Dispute Se ttlement Body (the "DSB") in the matter, , adopted 12 January 2000.
The Parties to the dispute, Chile and the European Communities, have agreed on an arbitrator,
pursuant to footnote 12 to Article 21.3(c) of the DSU: Mr. Florentino Feliciano. We are writing to
request you to officially convey to Mr. Feliciano 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 and Appellate Body Reports in this dispute were adopted on 12 January 2000, this 90-
day period is about to expire. We, the Parties to this dispute, have agreed to extend the period of time
for this binding arbitration until 31 May 2000. We have agreed that the award of the arbitrator, made
no later than 31 May 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 Chile to implement the
recommendations and rulings of the DSB.
We are grateful for your assistance in this matter.
CHILE – TAXES ON ALCOHOLIC BEVERAGES
Document: Arbitration under Article 21.3(c) of the Understanding on Rules and Procedures Governing the Settlement of Disputes
Date: 23 May 2000
Document codes: WT/DS87/16; WT/DS110/15
Complainant: EU
Respondent: Chile
Third parties: Canada, Mexico, Peru, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

CHILE – TAXES ON ALCOHOLIC BEVERAGES
Arbitration under Article 21.3(c) of the Understanding
on Rules and Procedures Governing the Settlement of Disputes
The following communication, dated 23 May 2000, from the Arbitrator,
Mr. Florentino Feliciano, 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.
CHILE – TAXES ON ALCOHOLIC BEVERAGES
Document: Appellate Body Report and Panel Report Action by the Dispute Settlement Body On 12 January 2000, the Dispute Settlement Body adopted the Appellate Body report on "Chile – Taxes on Alcoholic Beverages" (WT/DS 87/AB/R – WT/DS110/AB/R) and the panel report (WT/DS87/R – WT/DS110/R), as modified by the Appellate Body Report.  The panel report should be read in conjunction with the Appellate Body report. CHILI – TAXES SUR LES BOISSONS ALCOOLIQUES Rapport de l'Organe d'appel et rapport du Groupe spécial Dispositions prises par l'Organe de règlements des différends Le 12 janvier 2000, l'Organe de règlement des différends a adopté le rapport de l'Organe d'appel intitulé "Chili – Taxes sur les boissons  alcooliques" (WT/DS/87/AB/R – WT/DS110/AB/R), et le rapport du Groupe spécial (WT/DS/87/R – WT /DS110/R), modifié par le rapport de l'Organe d'appel.  Le rapport du Groupe spécial est à rapprocher de celui de l'Organe d'appel. CHILE – IMPUESTOS A LAS BEBIDAS ALCOHÓLICAS Informe del Órgano de Apelación e informe del Grupo Especial
Date: 25 February 2000
Document codes: WT/DS87/12; WT/DS110/11; WT/DS110/AB/R; WT/DS87/R; WT/DS110/R
Complainant: EU
Respondent: Chile
Third parties: Canada, Mexico, Peru, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. III:2  GATT 1994

CHILE – TAXES ON ALCOHOLIC BEVERAGES
Appellate Body Report and Panel Report
Action by the Dispute Settlement Body
On 12 January 2000, the Dispute Settlement Body adopted the Appellate Body report on
"" (WT/DS 87/AB/R – ) and the panel report
( – ), as modified by the Appellate Body Report. The panel report should
be read in conjunction with the Appellate Body report.
Rapport de l'Organe d'appel et rapport du Groupe spécial
d'appel intitulé "Chili – Taxes sur les boissons alcooliques" (WT/DS/87/AB/R – ),
d'appel. Le rapport du Groupe spécial est à rapprocher de celui de l'Organe d'appel.
CHILE – IMPUESTOS A LAS BEBIDAS ALCOHÓLICAS
Actuación del Órgano de Solución de Diferencias
de Apelación sobre el asunto "Chile - Impuest os a las bebidas alcohólicas (WT/DS/87/AB/R -