dean22029/WTO_Docs huggingface dataset:
HUNGARY - EXPORT SUBSIDIES IN RESPECT OF AGRICULTURAL PRODUCTS
Document: Original: English HUNGARY - EXPORT SUBSIDIES IN RESPECT OF AGRICULTURAL PRODUCTS Request to Join Consultations Communication from Japan
Date: 12 April 1996
Document codes: WT/DS35/2
Complainant: Argentina, Australia, Canada, New Zealand, Thailand, U.S.
Respondent: Hungary
Third parties: Canada, Japan, Thailand, Uruguay
Dispute stage: Panel
Agreements cited: Art. 3.3, Part V  Agriculture

HUNGARY - EXPORT SUBSIDIES IN RESPECT OF
AGRICULTURAL PRODUCTS
Request to Join Consultations
Communication from Japan
The following communication, dated 12 April 1996, from the Permanent Mission of Japan
to the Permanent Mission of Hungary and to the Dispute Settlement Body, is circulated in accordance
with Article 4.11 of the DSU.
Upon instructions from my authorities, I hereby notify that the Government of Japan, pursuant
to paragraph 11 of Article 4 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes, desires to be joined in the consultations under Article XXII of the GATT 1994, requested
by Argentina, Australia, Canada, New Zealand, Thailand and the United States in regard to the export
subsidies that the Government of Hungary provides with respect to agricultural products, in light of
the substantial trade interest of Japan in this matter. Such request was circulated on 2 April 1996 in
document
Japan has a serious concern over the said subsidies, which are not in conformity with the
commitments specified inHungary's Schedule, and thus are in violationof both paragraph 3 of Article 3
of the Agreement on Agriculture and of the Marrakesh Protocol to the General Agreement on Tariffs
and Trade 1994. Japan, as the world's largest net importer of agricultural products, will inevitably
incur a great deal of adverse influence from these measures, since the export subsidies in agricultural
products are without doubt most trade distortive and market disruptive, and thus it has a substantial
trade interest in this case.
HUNGARY - EXPORT SUBSIDIES IN RESPECT OF AGRICULTURAL PRODUCTS
Document: Original: English/ anglais/ inglés HUNGARY - EXPORT SUBSIDIES IN RESPECT OF AGRICULTURAL PRODUCTS Acceptance by Hungary of the Request to Join Consultations by Japan under Article 4.11 of the DSU In a communication dated 19 April 1996, Hungary informed the Dispute Settlement Body that it had accepted the request of Japan (WT/DS35/2) to join consultations which the Governments of Argentina,Australia,Canada, NewZealand,ThailandandtheUnitedStateshadrequested withHungary (WT/DS35/1). HONGRIE - SUBVENTIONS A L'EXPORTATION DES PRODUITS AGRICOLES Acceptation par la Hongrie de la demande de participation aux consultations présentée par le Japon conformément à l'article 4:11 du Mémorandum d'accord
Date: 24 April 1996
Document codes: WT/DS35/3; WT/DS35/2; WT/DS35/1
Complainant: Argentina, Australia, Canada, New Zealand, Thailand, U.S.
Respondent: Hungary
Third parties: Canada, Japan, Thailand, Uruguay
Dispute stage: Panel
Agreements cited: Art. 3.3, Part V  Agriculture

HUNGARY - EXPORT SUBSIDIES IN RESPECT OF
AGRICULTURAL PRODUCTS
Acceptance by Hungary of the Request to Join Consultations by
Japan under Article 4.11 of the DSU
In a communication dated 19 April 1996, Hungary informed the Dispute Settlement Body that
it had accepted the request of Japan () to join consultations which the Governments of
Argentina,Australia,Canada, NewZealand,ThailandandtheUnitedStateshadrequested withHungary

HONGRIE - SUBVENTIONS A L'EXPORTATION
DES PRODUITS AGRICOLES
DE PRODUCTOS AGROPECUARIOS
Por comunicación de fecha 19 de abril de 1996, Hungría notificó al Órgano de Solución de
Nueva Zelandia y Tailandia ().
PAKISTAN - PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Request for Consultations by the United States
Date: 6 May 1996
Document codes: WT/DS36/1; IP/D/2
Complainant: U.S.
Respondent: Pakistan
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

PAKISTAN - PATENT PROTECTION FOR PHARMACEUTICAL
AND AGRICULTURAL CHEMICAL PRODUCTS
Request for Consultations by the United States
The following communication, dated 30 April 1996, from the Permanent Mission of the United
States to the Permanent Mission of Pakistan 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 Pakistan
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 that it incorporates by reference Article XXII of the General Agreement on
Tariffs and Trade 1994) regarding the absence in Pakistan of either patent protection for pharmaceutical
and agricultural chemical products or a system to permit the filing of applications for pharmaceutical
and agricultural chemical product patents and a system to grant exclusive marketing rights in such
products.
The TRIPS Agreement obligates all Members of the ("WTO)") that
do not provide product patent protection for pharmaceutical and agricultural chemicals on the date
of entry into force of the WTO Agreement (January 1, 1995) to establish a means by which applications
for patents for such inventions can be filed and a system by which such applications will be examined
when those Members provide protection consistent with Article 27 of the TRIPS Agreement. It also
obligates such Members to establish a system whereby exclusive marketing rights will be granted in
products that are the subject of such an application, subject to certain stated requirements. These
obligations were to be fulfilled as of the date of entry into force of the WTO Agreement.
Pakistan's laws currently do not provide product patent protection for pharmaceutical or
agricultural chemical inventions, or systems that conform to Articles 70.8 and 70.9 of the TRIPS
Agreement, with regard to the filing and examination of applications and the grant of exclusive marketing
rights. As a result, Pakistan's legal régime appears to be inconsistent with Pakistan's obligations under
the TRIPS Agreement, including but not necessarily limited to TRIPS Agreement Articles 27, 65 and 70.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.
PAKISTAN - PATENT PROTECTION FOR PHARMACEUTICAL AND AGRICULTURAL CHEMICAL PRODUCTS
Document: Request to Join Consultations Communication from the European Communities
Date: 28 May 1996
Document codes: WT/DS36/2
Complainant: U.S.
Respondent: Pakistan
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 27, 65, 70  Intellectual Property (TRIPS)

PAKISTAN - PATENT PROTECTION FOR PHARMACEUTICAL
AND AGRICULTURAL CHEMICAL PRODUCTS
Request to Join Consultations
Communication from the European Communities
The following communication, dated 20 May 1996, from the Permanent Delegation of the
European Commission to the Permanent Mission of Pakistan, 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 Governingthe Settlement of Disputes(DSU), the European Communities and their Member
States wish to be included in the consultations under Article 64.1 of the Agreement on Trade-Related
Aspects of Intellectual Property Rights in conjunction with Article XXII:1 of GATT 1994 requested
by the United States by a communication circulated to WTO Members on 6 May 1996 (,
) regarding the absence in Pakistan of either patent protection for pharmaceutical and agricultural
chemical product patents and a system to grant exclusive marketing rights in such products.
The European pharmaceutical and agro-chemical industry has an important export interest in
the Pakistan market. The actual amount of this interest is, at this stage, difficult to evaluate because
Pakistan does not provide for either patent protection or the above-mentioned filing and marketing
systems.
PORTUGAL - PATENT PROTECTION UNDER THE INDUSTRIAL PROPERTY ACT
Document: Original: English PORTUGAL - PATENT PROTECTION UNDER THE INDUSTRIAL PROPERTY ACT Notification of a Mutually-Agreed Solution The followingcommunication, dated3 October 1996,from thePermanent Missionof theUnited States to the Permanent Mission of Portugal and to the Dispute Settlement Body, is circulated at the request of those delegations.
Date: 8 October 1996
Document codes: WT/DS37/2; WT/DS37/1; IP/D/3
Complainant: U.S.
Respondent: South Korea
Dispute stage: Consultation
Agreements cited: Art. 4  AgricultureArt. III, XI  GATT 1994Art. 2, 5  Sanitary and Phytosanitary Measures (SPS)Art. 5, 6  Technical Barriers to Trade (TBT)

PORTUGAL - PATENT PROTECTION UNDER THE INDUSTRIAL PROPERTY ACT
Notification of a Mutually-Agreed Solution
The followingcommunication, dated3 October 1996,from thePermanent Missionof theUnited
States to the Permanent Mission of Portugal and to the Dispute Settlement Body, is circulated at the
request of those delegations.
The Governments of the United States of America and Portugal 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 6 May 1996, concerning the term of patent
protectionrequiredbythe Agreement onTrade Related Aspectsof IntellectualPropertyRights (TRIPS).
Portugal and the United States mutually confirm the TRIPS Agreement became applicable to
developed countries on 1 January 1996, and that Article 33 of the TRIPS Agreement requires Members
to grant a patent term that lasts not less than 20 years from the filing date. Portugal and the United
States further mutually confirm that, with respect to developed-country members, Article 70.2 of the
TRIPS Agreement requires, among other things, that the provisions of Article 33 of the TRIPS
Agreement by applied to all patents that were in force on 1 January 1996, and to all patents that are
granted based on applications that were pending on 1 January 1996.
Consequently, Portugal has issued Decree Law 141/96 confirming that all patents that were
in force on 1 January 1996, and all patentsgranted after this date based on applicationsthat were pending
on 1 January 1996, will receive a term of protection that lasts either 15 years from the date of grant
of the patent or 20 years from the effective filing date of the patent, whichever term is longer.
Based on these developments, Portugal 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. The agreement is without
prejudice to the rights or obligations of either Member under the Agreement Establishing the World
Trade Organization.
PORTUGAL - PATENT PROTECTION UNDER THE INDUSTRIAL PROPERTY ACT
Document: Notification of a Mutually-Agreed Solution Corrigendum The first paragraph of document WT/DS37/2 should read: Thefollowingcommunication,dated 3October 1996,from the PermanentMission ofthe United States and the Permanent Mission of Portugalto the Dispute Settlement Body, is circulated at the request of those delegations. *English only.
Date: 15 October 1996
Document codes: WT/DS37/2/Corr.1; WT/DS37/2; IP/D/3
Complainant: U.S.
Respondent: South Korea
Dispute stage: Consultation
Agreements cited: Art. 4  AgricultureArt. III, XI  GATT 1994Art. 2, 5  Sanitary and Phytosanitary Measures (SPS)Art. 5, 6  Technical Barriers to Trade (TBT)

PORTUGAL - PATENT PROTECTION UNDER THE INDUSTRIAL PROPERTY ACT
Notification of a Mutually-Agreed Solution
Corrigendum
The first paragraph of document should read:
Thefollowingcommunication,dated 3October 1996,from the PermanentMission ofthe United
States and the Permanent Mission of Portugalto the Dispute Settlement Body, is circulated at the request
of those delegations.
*English only.
PORTUGAL - PATENT PROTECTION UNDER THE INDUSTRIAL PROPERTY ACT
Document: Request for Consultations by the United States
Date: 6 May 1996
Document codes: WT/DS37/1; IP/D/3
Complainant: U.S.
Respondent: Portugal
Dispute stage: Consultation
Agreements cited: Art. 33, 65, 70  Intellectual Property (TRIPS)

PORTUGAL - PATENT PROTECTION UNDER THE INDUSTRIAL PROPERTY ACT
Request for Consultations by the United States
The following communication, dated 30 April 1996, from the Permanent Mission of the United
States to the Permanent Mission of Portugal 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 Portugal
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 that it incorporates by reference Article XXII of the General Agreement on
Tariffs and Trade 1994) regarding the term of patents in Portugal.
The TRIPS Agreement obligates all Members of the ("WTO") to
grant a term of protection for patents that runs at least until twenty years after the filing date of the
underlying application. The TRIPS Agreement also requires each Member to grant this minimum term
to all patents that were in force in that Member on the date of the application of the Agreement to
that Member. In light of Portugal's status as a developed country, the TRIPS Agreement applied to
it on January 1, 1996.
The term granted existing patents under the Portuguese Industrial Property Act appears to be
inconsistent with Portugal's obligations under the TRIPS Agreement, including but not necessarily
limited to TRIPS Agreement Articles 33, 65, and 70.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.
UNITED STATES - THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY ACT
Document: Request for Consultations by the European Communities
Date: 13 May 1996
Document codes: WT/DS38/1; G/L/71; S/L/21
Complainant: EU
Respondent: U.S.
Third parties: Canada, Japan, Malaysia, Mexico, Thailand
Dispute stage: Panel
Agreements cited: Art. V, XI, XIII  GATT 1994Art. I, II, III, VI, XVI, XVII, XI  Services (GATS)

UNITED STATES - THE CUBAN LIBERTY AND
DEMOCRATIC SOLIDARITY ACT
Request for Consultations by the European Communities
The following communication, dated 3 May 1996, from the Permanent Delegation of the
European Commission and the Permanent Mission of Italy for the Council of the European Communities,
to the Permanent Mission of the United States is circulated in accordance with Article 4.4 of the DSU.
The European Community and its Member States wish to convey to you a request for
consultations with the United States of America pursuant to Article 4 of the Understanding on Rules
and Procedures Governing the Settlement of Disputes(DSU), ArticleXXIII:1 of the General Agreement
on Tariffs and Trade 1994 (GATT 1994) and Article XXIII:1 of the General Agreement on Trade in
Services (GATS) concerning the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996,
other legislative provisions consolidated therein, and any implementing measures taken thereunder.
The European Community and its Member States wish to express their profound concern about
the apparent lack of conformity of certain aspects of this Act, including other legislative provisions
consolidated therein and any implementing measures taken thereunder, to the international obligations
of the UnitedStates under GATT1994 and GATS. Thisconcern relates in particular,but notnecessarily
exclusively, to the following aspects:
The Cuban Democracy Act and its companion the Cuban Liberty and Democratic Solidarity
Act contain a number of provisions which have the intent and effect to restrain the liberty of the EC
to export to Cuba or to trade in Cuban origin goods, as well as to restrict the freedom of EC registered
vessels and their cargo to transit through US ports.
In addition, there are provisions which require the provisions of certificates in respect of trade
in Cuban sugar. If such certificates are not provided, access to the US sugar quota is denied.
Finally, there are measures which may lead to the refusal of visas and the exclusion of non-US
nationals from US territory in a way which may contravene US commitments under GATS.
The European Community and its Member States are of the view that these and comparable
measures taken under the twolaws mentioned above may not be in conformity with at least the following
provisions: Articles I, III, V, XI and XIII of GATT 1994 and Articles I, III, VI, XVI and XVII of
GATS and in particular in relation to the Annex on Movement of Natural Persons Supplying Services
under the Agreement.
I look forward to receiving your reply to this request from the European Community and its
Member States and to setting a mutually convenient date for these consultations.
UNITED STATES - THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY ACT
Document: Original: English/ anglais/ inglés UNITED STATES - THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY ACT Request for the Establishment of a Panel by the European Communities Corrigendum With reference to document WT/DS38/2, the date of 8 October 1996 should read 4 October 1996. ETATS-UNIS - LOI POUR LA LIBERTE ET LA SOLIDARITE DEMOCRATIQUE A CUBA Demande d'établissement d'un groupe spécial présentée par les Communautés européennes Corrigendum La date du document WT/DS38/2 est le 4 octobre 1996 et non le 8 octobre 1996. ESTADOS UNIDOS - LEY PARA LA LIBERTAD Y LA
Date: 14 October 1996
Document codes: WT/DS38/2/Corr.1; WT/DS38/2; WT/DS38/2
Complainant: EU
Respondent: U.S.
Third parties: Canada, Japan, Malaysia, Mexico, Thailand
Dispute stage: Panel
Agreements cited: Art. V, XI, XIII  GATT 1994Art. I, II, III, VI, XVI, XVII, XI  Services (GATS)

UNITED STATES - THE CUBAN LIBERTY AND
DEMOCRATIC SOLIDARITY ACT
Request for the Establishment of a Panel by the European Communities
Corrigendum
With reference to document , the date of 8 October 1996 should read 4 October 1996.
DEMOCRATIQUE A CUBA
les Communautés européennes
Corrigendum
SOLIDARIDAD DEMOCRÁTICA CUBANA
Solicitud de establecimiento de un grupo especial
Corrigendum
4 de octubre de 1996.
UNITED STATES - THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY ACT
Document: Constitution of the Panel Established at the Request of the European Communities Communication by the DSB Chairman
Date: 20 February 1997
Document codes: WT/DS38/3; WT/DS38/2.; WT/DS38/2
Complainant: EU
Respondent: U.S.
Third parties: Canada, Japan, Malaysia, Mexico, Thailand
Dispute stage: Panel
Agreements cited: Art. V, XI, XIII  GATT 1994Art. I, II, III, VI, XVI, XVII, XI  Services (GATS)

UNITED STATES - THE CUBAN LIBERTY AND
DEMOCRATIC SOLIDARITY ACT
Constitution of the Panel Established at the Request of
the European Communities
Communication by the DSB Chairman
1. At its meeting on 20 November 1996, the Dispute Settlement Body (DSB) established a panel
in accordance with the request made by the European Communities 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 document , the matter referred to the DSB by the
European Communities 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 12 February 1997, the European Communities requested the Director-General to compose
the Panel by virtue of paragraph 7 of Article 8 of the Dispute Settlement Understanding. This paragraph
provides:
“ If there is no agreement on the panelists within 20 days after the date of the establishment
of a panel, at the requestof either party, the Director-General, inconsultationwiththe 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 considersmost
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” .
The Director-General has accordingly composed the panel as follows:
Chairman: Arthur Dunkel
Members: Tommy Koh
Edward Woodfield
UNITED STATES - THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY ACT
Document: Reservation of Third-Party Rights Note by the Secretariat Canada, Japan, Malaysia, Mexico and Thailand have reserved their third-party rights in this dispute. ETAT-UNIS - LOI POUR LA LIBERTE ET LA SOLIDARITE DEMOCRATIQUE A CUBA Réserve des droits de tierce partie Note du Secrétariat Le Canada, le Japon, la Malaisie, le Mexique et la Thaïlande ont réservé leurs droits de tierces parties dans ce différend. ESTADOS UNIDOS - LEY PARA LA LIBERTAD Y LA SOLIDARIDAD DEMOCRÁTICA CUBANA Reserva de derechos en calidad de terceros Nota de la Secretaría El Canadá, el Japón, Malasia, México y Tailandia se han reservado sus derechos en calidad
Date: 24 February 1997
Document codes: WT/DS38/4
Complainant: EU
Respondent: U.S.
Third parties: Canada, Japan, Malaysia, Mexico, Thailand
Dispute stage: Panel
Agreements cited: Art. V, XI, XIII  GATT 1994Art. I, II, III, VI, XVI, XVII, XI  Services (GATS)

UNITED STATES - THE CUBAN LIBERTY AND
DEMOCRATIC SOLIDARITY ACT
Reservation of Third-Party Rights
Note by the Secretariat
Canada, Japan, Malaysia, Mexico and Thailand have reserved their third-party rights in this
dispute.
DEMOCRATIQUE A CUBA
Réserve des droits de tierce partie
Note du Secrétariat
SOLIDARIDAD DEMOCRÁTICA CUBANA
Reserva de derechos en calidad de terceros
Nota de la Secretaría
de terceros en la presente diferencia.
UNITED STATES - THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY ACT
Document: Communication from the Chairman of the Panel
Date: 25 April 1997
Document codes: WT/DS38/5
Complainant: EU
Respondent: U.S.
Third parties: Canada, Japan, Malaysia, Mexico, Thailand
Dispute stage: Panel
Agreements cited: Art. V, XI, XIII  GATT 1994Art. I, II, III, VI, XVI, XVII, XI  Services (GATS)

UNITED STATES - THE CUBAN LIBERTY AND
DEMOCRATIC SOLIDARITY ACT
Communication from the Chairman of the Panel
The following communication, dated 25 April 1997 and addressed to the Dispute Settlement
Body, is circulated in accordance with Article 12.12 of the DSU.
In the context of the negotiations for a mutually agreed solution to the present dispute, the
European Communities have requested the Panel to suspend the panel proceedings in accordance with
Article 12.12 of the DSU. The Panel has agreed to this request.
UNITED STATES - THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY ACT
Document: Lapse of the Authority for Establishment of the Panel Note by the Secretariat At the request of the European Communities, the Panel suspended its work on 21 April 1997 (WT/DS38/5). Since the Panel was not requested to resume its work, pursuant to Article 12.12 of the DSU, the authority for establishment of the Panel lapsed as of 22 April 1998. ETATS-UNIS - LOI POUR LA LIBERTE ET LA SOLIDARITE DEMOCRATIQUE A CUBA Caducité du pouvoir conféré pour l'établissement du Groupe spécial Note du Secrétariat A la demande des Communautés européennes, le Groupe spécial a suspendu ses travaux le 21 avril 1997 (WT/DS38/5). Etant donné qu'il n'a pas été demandé au Groupe spécial de reprendre ses travaux, conformément à l'article 12:12 du Mémorandum d'accord sur le règlement des différends, le pouvoir conféré pour l'établissement du Groupe spécial est devenu caduc le 22 avril 1998. ESTADOS UNIDOS - LEY PARA LA LIBERTAD Y SOLIDARIDAD DEMOCRÁTICA CUBANA
Date: 24 April 1998
Document codes: WT/DS38/6; WT/DS38/5
Complainant: EU
Respondent: U.S.
Third parties: Canada, Japan, Malaysia, Mexico, Thailand
Dispute stage: Panel
Agreements cited: Art. V, XI, XIII  GATT 1994Art. I, II, III, VI, XVI, XVII, XI  Services (GATS)

UNITED STATES - THE CUBAN LIBERTY AND
DEMOCRATIC SOLIDARITY ACT
Lapse of the Authority for Establishment of the Panel
Note by the Secretariat
At the request of the European Communities, the Panel suspended its work on 21 April 1997
(). Since the Panel was not requested to resume its work, pursuant to Article 12.12 of
the DSU, the authority for establishment of the Panel lapsed as of 22 April 1998.
SOLIDARITE DEMOCRATIQUE A CUBA
Note du Secrétariat
21 avril 1997 (). Etant donné qu'il n'a pas été demandé au Groupe spécial de reprendre
DEMOCRÁTICA CUBANA
Nota de la Secretaría
decisión de establecerlo, en virtud de lo dispuesto en el párrafo 12 del artículo 12, ha quedado sin
UNITED STATES - TARIFF INCREASES ON PRODUCTS FROM THE EUROPEAN COMMUNITIES
Document: Original: English UNITED STATES - TARIFF INCREASES ON PRODUCTS FROM THE EUROPEAN COMMUNITIES Request for Consultations by the European Communities
Date: 29 May 1996
Document codes: WT/DS39/1; G/L/72
Complainant: EU
Respondent: U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, XXIII  GATT 1994  Agreement Establishing the World Trade Organization

UNITED STATES - TARIFF INCREASES ON PRODUCTS FROM
THE EUROPEAN COMMUNITIES
Request for Consultations by the European Communities
The following communication, dated 17 April 1996, from the Permanent Delegation of the
European Commission to the Permanent Mission of the United States, is circulated in accordance with
Article 4.4 of the DSU.
The European Community requests consultations with the United States of America pursuant
to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (DSU)
and Article XXIII of the General Agreement on Tariffs and Trade 1994 concerning Presidential
Proclamation No. 5759 of 24 December 1987, any implementing measures thereof and all other related
measures.
The measures, inter alia, increase the bound rates of duty on imports of certain products from
the European Community and appear to be inconsistent with the obligations of the United States of
America under the GATT 1994 and under the DSU, more specifically including, but not limited to,
the obligations envisaged in Articles I, II and XXIII of the GATT 1994, and Articles 3, 22 and 23
of the DSU.
I look forward to receiving your reply to the European Community's request and to setting
a mutually convenient date for the consultations.
UNITED STATES - TARIFF INCREASES ON PRODUCTS FROM THE EUROPEAN COMMUNITIES
Document: Original: English UNITED STATES - TARIFF INCREASES ON PRODUCTS FROM THE EUROPEAN COMMUNITIES Request for the Establishment of a Panel by the European Communities
Date: 24 June 1996
Document codes: WT/DS39/2
Complainant: EU
Respondent: U.S.
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. 3, 22, 23  Dispute Settlement Understanding (DSU)Art. I, II, XXIII  GATT 1994  Agreement Establishing the World Trade Organization

UNITED STATES - TARIFF INCREASES ON PRODUCTS FROM
THE EUROPEAN COMMUNITIES
Request for the Establishment of a Panel by the European Communities
The following communication, dated and received on 19 June 1996, from the Permanent
Delegation of the European Commission to the Dispute Settlement Body is circulated at the request
of that delegation.
On 17 April 1996, the European Community requested consultations with the United States
of America pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes (DSU) and Article XXIII of the General Agreement on Tariffs and Trade 1994 concerning
Presidential Proclamation No. 5759 of 24 December 1987, any implementing measures thereof and
all other related measures.
The measures in question were taken in response to the adoption of EC legislation on the use
in livestock farming of certain substances having a hormonal action, and purport to unilaterally settle
an issue without resorting to the mechanisms of the WTO. The measures increase the bound rates
of duty on imports of certain products from the European Community and appear to be inconsistent
with the obligations of the United States of America under the GATT 1994 and under the DSU, more
specifically including, but not limited to, the obligations envisaged in Article I, II and XXIII of the
GATT 1994, and Articles 3, 22 and 23 of the DSU.
Pursuant to the above-mentioned request, consultations were held in Geneva on 22 May 1996.
In the course of the consultations, it emerged on the basis of the information and the argumentation
put forward by the United States that the measures in question, including Section 301 of the 1974 Trade
Act (as amended) as applied in this case, also appear to be inconsistent with the obligations of the United
States under Article XVI:4 of the Agreement Establishing the . The
consultations have failed to settle the dispute, and as a consequence the European Community respectfully
requests the establishment of a panel to examine the matter as defined in this letter.
The European Community further asks that a special meeting of the Dispute Settlement Body
be convened in order to consider this request.
KOREA - LAWS, REGULATIONS AND PRACTICES IN THE TELECOMMUNICATIONS PROCUREMENT SECTOR
Document: Original: English KOREA - LAWS, REGULATIONS AND PRACTICES IN THE TELECOMMUNICATIONS PROCUREMENT SECTOR Notification of a Mutually-Agreed Solution
Date: 29 October 1997
Document codes: WT/DS40/2; WT/DS40/1; G/L/202; G/STR/D1/2
Complainant: EU
Respondent: South Korea
Dispute stage: Consultation
Agreements cited: Art. I, III, XVII  GATT 1994

KOREA - LAWS, REGULATIONS AND PRACTICES IN THE
TELECOMMUNICATIONS PROCUREMENT SECTOR
Notification of a Mutually-Agreed Solution
The following communication, dated 22 October 1997, from the Permanent Delegation of the
European Commission and the Permanent Mission of Korea to the Dispute Settlement Body, is circulated
pursuant to Article 3.6 of the DSU.
The European Communities and the Republic of Korea hereby notify the Dispute Settlement
Body that they have reached a mutually satisfactory solution to the matter raised by the European
Communities in , dated 20 May 1996, concerning Korea’ s laws, regulations and practices
in the telecommunications procurement sector.
Based on this development, the European Communities and the Republic of Korea have agreed
to terminate consultations on this matter that tookplace in accordance with Article XXIII:1 of the GATT
1994 and Article 4 of the DSU.
KOREA - MEASURES CONCERNING INSPECTION OF AGRICULTURAL PRODUCTS
Document: Original: English KOREA - MEASURES CONCERNING INSPECTION OF AGRICULTURAL PRODUCTS Request for Consultations by the United States
Date: 31 May 1996
Document codes: WT/DS41/1; G/L/76; G/SPS/W/64; G/TBT/D/6; G/AG/W/25
Complainant: U.S.
Respondent: South Korea
Dispute stage: Consultation
Agreements cited: Art. 4  AgricultureArt. III, XI  GATT 1994Art. 2, 5, 8  Sanitary and Phytosanitary Measures (SPS)Art. 2, 5, 6  Technical Barriers to Trade (TBT)

KOREA - MEASURES CONCERNING
INSPECTION OF AGRICULTURAL PRODUCTS
Request for Consultations by the United States
The following communication, dated 24 May 1996, from the Permanent Mission of the United
States tothe Permanent Mission of Korea and tothe DisputeSettlement Body,iscirculated inaccordance
with Article 4.4 of the DSU.
My authorities have instructed me to request consultations with the Government of the Republic
of Korea pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes ("DSU"), Article XXIII of the General Agreement on Tariffs and Trade 1994, Article 11
of the Agreement on the Application of Sanitary and Phytosanitary Measures, Article 14 of the Agreement
on Technical Barriers to Trade, and Article 19 of the Agreement on Agriculture regarding the
requirements of the Republic of Korea for the importation of agricultural products, including, but not
limited to, testing, inspection, incubation, sorting, fumigation, and product specifications, including
all amendments, revisions, and new measures adopted since our request for consultations of 4 April 1995

These measures impose requirements with respect to imports of agricultural products from
the United States and other Members of the that restrict imports of those
products and appear to be inconsistent with the obligations of the Republic of Korea under the General
Agreement on Tariffs and Trade 1994, the Agreement on the Application of Sanitary and Phytosanitary
Measures, the Agreement on Technical Barriers to Trade, and the Agreement on Agriculture. The
provisions of these agreements with which these measures appear to be inconsistent include, but are
not limited to, the following:
(1) General Agreement on Tariffs and Trade 1994, Article III and Article XI;
(2) Agreement on the Application of Sanitary and Phytosanitary Measures, Articles 2,
5, and 8;
(3) Agreement on Technical Barriers to Trade, Articles 2, 5 and 6; and
(4) Agreement on Agriculture, Article 4.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.
JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Document: Original: English JAPAN - MEASURES CONCERNING SOUND RECORDINGS Notification of a Mutually-Agreed Solution
Date: 17 November 1997
Document codes: WT/DS42/4; WT/DS42/1; IP/D/4
Complainant: Brazil
Respondent: U.S.
Dispute stage: Appellate Body
Agreements cited: Art. I, III  GATT 1994Art. 2  Technical Barriers to Trade (TBT)

JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Notification of a Mutually-Agreed Solution
The following communication, dated 7 November 1997, from the Permanent Delegation of
the European Commission and the Permanent Mission of Japan to the Dispute Settlement Body is
circulated in accordance with Article 12.12 of the DSU.
The European Community and its Member States and the Government of Japan wish to notify
the Dispute Settlement Body that they have reached a mutually satisfactory solution to the matter raised
by the Community and its Member States in document , dated 4 June 1996, concerning
the protection of performers and producers of sound recordings pursuant to the Agreement on Trade-
Related Aspects of Intellectual Property Rights (TRIPs).
The Community and its Member States requested consultations in the belief that the TRIPs
AgreementrequiresMembers of the WorldTrade Organisation(WTO) tograntprotectiontoperformers
first performing in a WTO Member and to producers of sound recordings first fixed in a WTO Member
or fixed by a national of a WTO Member for a term of at least 50 years from the end of the calendar
year in which the fixation was made or the performance took place and that this term of protection
should extend to those existing recordings which have not yet fallen into public domain in the country
of origin or in the country where protection is sought.
On 26 December 1996, the Government of Japan promulgated amendments to the Japanese
Copyright Law, which entered into force on 25 March 1997 (Law No 117). These amendments are
intended to provide the above-described protection to performers and producers of sound recordings.
Based on these developments, the Community and its Member States and the Government of
Japan agreed formally to terminate the dispute settlement proceedings with respect to this issue.
Therefore, the Community and its Member States wish to withdraw the matter from further attention
under the provisions of the Dispute Settlement Understanding.
This agreement is without prejudice to the rights and obligations of either Member under the
WTO Agreements.
JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Document: Original: English JAPAN - MEASURES CONCERNING SOUND RECORDINGS Request for Consultations from the European Communities
Date: 4 June 1996
Document codes: WT/DS42/1; IP/D/4
Complainant: EU
Respondent: Japan
Dispute stage: Consultation
Agreements cited: Art. 14.6, 70.2  Intellectual Property (TRIPS)

JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Request for Consultations from the European Communities
The following communication, dated 24 May 1996, from the Permanent Delegation of the
European Commission and the Permanent Mission of Italy for the Council of the European Communities
to the Permanent Mission of Japan and to the Dispute Settlement Body, is circulated in accordance
with Article 4.4 of the DSU.
Pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement
of Disputes ("DSU"), Article 64 of the Agreement on Trade-Related Aspects of Intellectual Property
Rights ("TRIPS Agreement") in conjunction with Article XXII of the General Agreement on Tariffs
and Trade 1994 ("GATT 1994"), we request consultations on behalf of the European Community and
its Member States with the Government of Japan regarding the protection of sound recordings under
the relevant provisions of the Japanese implementing legislation in relation to its TRIPS obligations
(in particular Law No. 112 of 1994).
By virtue of the TRIPS Agreement, particularly its Articles 14.6 and 70.2 in conjunction with
Article 18 of the Berne Convention (1971), Members of the ("WTO") are
required to protect producers and performers of sound recordings for a period of 50 years from the
end of the year in which the fixation was made or the performance took place and which have not yet
fallen into the public domain. In practice, this means that works which have come into existence since
1 January 1946 have to be given TRIPS level protection for the remainder of the 50 year period because
the TRIPS Agreement became effective for the developed country Members of the WTO on
1 January 1996. The above-mentioned Japanese Legislation (Law No. 112 of 1994) only provides
for protection of those sound recordings produced after 1 January 1971. In the view of the European
Community and its Member States, the Japanese legislation is therefore not compatible with Japan's
obligations under the TRIPS Agreement, since it does not extend the protection of sound recordings
produced in the time period between 1 January 1946 and 1 January 1971.
We look forward to receiving your reply to the present request for consultations and to agreeing
on a mutually acceptable date on which these consultations can be held.
JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Document: Request to Join Consultations Communication from the United States
Date: 11 June 1996
Document codes: WT/DS42/2
Complainant: EU
Respondent: Japan
Dispute stage: Consultation
Agreements cited: Art. 14.6, 70.2  Intellectual Property (TRIPS)

JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Request to Join Consultations
Communication from the United States
The following communication, dated 6 June 1996, from the Permanent Mission of the United
States to the Permanent Mission of Japan, 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 Dispute (“ DSU” ), the United States Government hereby notifies that, in light of the
substantial trade interest of the United States, it desires to be joined in the consultations under Article
64.1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights in conjunction with
paragraph 1 of Article XXII of the General Agreement on Tariffs and Trade 1994 requested by the
European Community and its Member States in a communication circulated to WTO Members on
4 June 1996 () entitled “ ” .
The United States has a substantial trade interest with regard to the sale and distribution in
Japan of sound recordings, in particular, those produced during the period 1 January 1946 to
1 January 1971. The United States recording industry estimates the losses due to foregone royalties
to United States performers and producers of sound recordings in the Japanese market in the context
of sound recordings produced during the period 1946 to 1971 could exceed $500 million. The Japanese
measures at issue have formed the basis of separate consultations requested by the United States
Government in a communication circulated to WTO Members on 14 February 1996 ().
JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Document: Original: English/ anglais/ inglés JAPAN - MEASURES CONCERNING SOUND RECORDINGS Acceptance by Japan of the Request to Join Consultations by the United States under Article 4.11 of the DSU In a communication dated 13 June 1996, Japan informed the Dispute Settlement Body that it had accepted the request of the United States (WT/DS42/2) to join consultations which the European Communities had requested with Japan (WT/DS42/1). JAPON - MESURES CONCERNANT LES ENREGISTREMENTS SONORES Acceptation par le Japon de la demande de participation aux consultations présentée par les Etats-Unis conformément à l'article 4:11 du Mémorandum d'accord sur le règlement des différends Par une communication datée du 13 juin 1996, le Japon a informé l'Organe de règlement des
Date: 21 June 1996
Document codes: WT/DS42/3; WT/DS42/2; WT/DS42/1
Complainant: EU
Respondent: Japan
Dispute stage: Consultation
Agreements cited: Art. 14.6, 70.2  Intellectual Property (TRIPS)

JAPAN - MEASURES CONCERNING SOUND RECORDINGS
Acceptance by Japan of the Request to Join Consultations by
the United States under Article 4.11 of the DSU
In a communication dated 13 June 1996, Japan informed the Dispute Settlement Body that it
had accepted the request of the United States () to join consultations which the European
Communities had requested with Japan ().
JAPON - MESURES CONCERNANT LES ENREGISTREMENTS SONORES
le règlement des différends
JAPÓN - MEDIDAS APLICABLES EN MATERIA
DE GRABACIONES SONORAS
Por comunicación de fecha 13 de junio de 1996, el Japón notificó al Órgano de Solución de
TURKEY - TAXATION OF FOREIGN FILM REVENUES
Document: Notification of Mutually Agreed Solution
Date: 24 July 1997
Document codes: WT/DS43/3; WT/DS43/1; G/L/177
Complainant: U.S.
Respondent: Turkey
Third parties: Canada
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. III  GATT 1994

TURKEY - TAXATION OF FOREIGN FILM REVENUES
Notification of Mutually Agreed Solution
The following communication, dated 14 July 1997, from the Permanent Missions of the
United States and Turkey, is circulated pursuant to Article 3.6 of the DSU.
The Governments of the United States of America and Turkey 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 12 June 1996, concerning the imposition by
Turkey of a tax on box office receipts from the showing of foreign films that is not imposed on the
showing of domestic films.
Following consultations on this matter, and in accordance with Turkey's obligations under
Article III of the General Agreement on Tariffs and Trade 1994, Turkey will equalize any tax imposed
in Turkey on box office receipts from the showing of domestic and imported films as soon as reasonably
possible.
Based onthis development, the UnitedStates and Turkeyhave 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 . The United States and Turkey request that you circulate this joint notification to the
Members of the Dispute Settlement Body.
TURKEY - TAXATION OF FOREIGN FILM REVENUES
Document: Original: English TURKEY - TAXATION OF FOREIGN FILM REVENUES Request for Consultations by the United States
Date: 17 June 1996
Document codes: WT/DS43/1; G/L/85
Complainant: U.S.
Respondent: Turkey
Third parties: Canada
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. III  GATT 1994

TURKEY - TAXATION OF FOREIGN FILM REVENUES
Request for Consultations by the United States
The following communication, dated 12 June 1996, from the Permanent Mission of the United
States to the Permanent Mission of Turkey 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 Turkey
pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes
("DSU") and ArticleXXII of the General Agreement on Tariffs and Trade 1994(GATT 1994)regarding
Turkey's taxation of revenues generated from the showing of foreign films in a manner less favourable
than its taxation of revenues generated from the showing of domestic-origin films, including through
the application of Turkey's Law on Municipal Revenues. This practice would appear to be inconsistent
with the obligations set forth in Article III of the GATT 1994.
We look forward to receiving your reply to the present request and to fixing a mutually
convenient date for consultations.
TURKEY - TAXATION OF FOREIGN FILM REVENUES
Document: Original: English TURKEY - TAXATION OF FOREIGN FILM REVENUES Request for the Establishment of a Panel by the United States The followingcommunication,dated 9 January 1997,from the Permanent Mission of the United States to the Permanent Mission of Turkey and to the Dispute Settlement Body, is circulated at the request of that delegation.
Date: 10 January 1997
Document codes: WT/DS43/2
Complainant: U.S.
Respondent: Turkey
Third parties: Canada
Dispute stage: Mutually Agreed Solution
Agreements cited: Art. III  GATT 1994

TURKEY - TAXATION OF FOREIGN FILM REVENUES
Request for the Establishment of a Panel by the United States
The followingcommunication,dated 9 January 1997,from the Permanent Mission of the United
States to the Permanent Mission of Turkey and to the Dispute Settlement Body, is circulated at the
request of that delegation.
Article III of the General Agreement on Tariffs and Trade 1994 (“ GATT 1994” ) prohibits
Members of the (“ WTO” ) from imposing internal taxes or other internal
charges of any kind on imported products in excess of those applied, directly or indirectly, to like
domestic products. Article III also prohibits the application of internal taxes or other internal charges
to imported products so as to afford protection to domestic production.
The Government of Turkey currently imposes a twenty-five per cent municipality tax on box
office receipts generated from the showing of foreign-origin films, but imposes no such tax on box
office receipts generated from the showing of domestic-origin films. As a result, Turkey’ s municipality
tax regime appears to be inconsistent with Turkey’ s obligations under the GATT 1994, including
Article III of the GATT 1994.
In a communication dated June 12, 1996 (), the United States requested consultations
with Turkey pursuant to Article 4 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes (“ DSU” ) and Article XXII of the GATT 1994. Consultations were held on
July 23, 1996, but did not result in a resolution of the dispute.
Accordingly, the United States respectfully requests the establishment of a panel to examine
this matter in light of the GATT 1994, and to find that Turkey’ s tax regime fails to conform to the
obligations in Article III of the GATT 1994, and nullifies or impairs benefits accruing directly or
indirectly to the United States under the GATT 1994.
The United States asks that this request be placed on the agenda for the meeting of the Dispute
Settlement Body scheduled to be held on January 22, 1997, and that the panel be established with
standard terms of reference as set out in Article 7 of the DSU.