STATEMENT BY JORGE FERRER RODRÍGUEZ, MINISTER COUNSELLOR OF THE PERMANENT MISSION OF CUBA IN GENEVA, TO THE WTO DISPUTE SETTLEMENT BODY ON THE SECTION 211 DISPUTE
GENEVA, 20 MARCH 2007
Mr. Chairman,
The Members of this Body have been awaiting the implementation by the United States of America (U.S.) of the rulings and recommendations in this dispute for more than five years. During this period, month after month, we have heard the same words: “The U.S. Administration is working with the Congress with respect to appropriate statutory measures that would resolve this matter”. Exactly the same words its representative used some minutes ago.
The U.S. has little or no interest whatsoever in respecting the decisions of the DSB and, in particular, its obligations under the TRIPS Agreement, despite the fact that it has proclaimed itself uselessly the champion of intellectual property rights. This is confirmed by the fact that, last year, the Patent and Trademark Office of that country denied a license to renew the registration of the Havana Club trademark, arguing that it was for foreign-policy reasons. With such action, it anticipated itself to the conclusion of the process currently under way in U.S. courts, where the ownership of the trademark is to be determined without political interference.
It is obvious that the U.S. is not worried either about the fact that other Members may follow its bad example and ignore the disciplines of the TRIPS Agreement, which could result in complete chaos concerning the protection of intellectual property rights at an international level.
The attitude of the United States, the only Member of this Organization that systematically fails to implement its obligations under the Dispute Settlement Understanding and the WTO Agreements, such as the TRIPS Agreement, attempts against the credibility and balance of the multilateral trading system at a very crucial moment for this Organization.
In addition, it should be mentioned that the status of this dispute is absolutely irregular. The Dispute Settlement Understanding stipulates in its Article 21 that prompt compliance with the recommendations and rulings of the DSB is essential to ensure the effective resolution of disputes to the benefit of all Members and that, if it is impracticable to comply immediately, the Member concerned shall have a reasonable period of time in which to do so.
However, in this dispute, the last reasonable period of time agreed by the U.S. and European Communities expired on 30 June 2005, that is, no one knows when the infracting Member intends to implement the recommendations and rulings made by this Body.
Mr. Chairman,
The only bill that we know and that has been introduced in the current Congress is project H.R. 1306 - which has its own version in the Senate, S.749-. They were both introduced by Florida lawmakers. This bill is aimed at modifying Section 211 with cosmetic changes to leave it practically intact and usurp Cuban trademarks of recognized international prestige. Of course, we know that thanks to the Internet, because the U.S. has not provided any information in this regard in this Body.
Once again, Cuba reiterates its call upon the U.S. Government to take prompt and effective action to implement the recommendations and rulings of this Body, and insists that the only possible solution to this dispute is the repeal of the inadmissible Section 211.
Thank you very much.