CubaMinrex. Sitio del Ministerio de Relaciones Exteriores de Cuba

Statement by the Permanent Mission of the Republic of Cuba on Section 211 of the
WTO’s Dispute Settlement Body (DSB). July 20, 2010

Mr. Chairman,

It’s being five years this month since this Body was notified about the Understanding between the European Union and the United States regarding this case. The basis of this Understanding was precisely that the United States had informed the Body that they will continue working to comply with the obligations, in accordance with the Appellate Body’s ruling.

Nothing has happened in five years, Section 211 is still in force, and this “agreement” between the parties subsists unchanging. Every month we listen to the European Union to make very succinct speeches where they exclusively remind the number of the report presented by the member whom they demanded for violating their rights.

The parties to this dispute should make a report justifying the immobility of the way to solve this case. Perhaps only out of respect for the concerns expressed by many members about the lack of progress, due to the commercial damage caused to a developing country for the delay in compliance with the ruling, these parties should say something different.

Mr. Chairman, the meaning of one complete year in relation to intellectual property assets is clearly indicated by the available figures: only in the year 2007, there were 1.85 million patent applications and 3.3 million applications for trademarks. The countries of origin of many of these applications and their receiving offices are known.

The parties in this case are aware of what these assets are worth; regarding trademarks, the only renewable mode indefinitely, they put all their efforts to record them even in countries with which they have no business relationship. 

 

They raise no objections, under certain circumstances, about attacking the registries of third parties, when it is about valuable trademarks.

Section 211 not only violates fundamental principles of the TRIPS Agreement, but also has provided Bacardí Company the possibility of marketing a rum named HAVANA CLUB in the U.S. territory. Such measures encourage trademark counterfeiting. Last month at the regular meeting of the TRIPS Council, the parties to this dispute justified the negotiations of a plurilateral agreement outside the WTO, claiming the inherent seriousness to the trade of counterfeit goods, related even sometimes with the organized crime.

Now that these statements are recent and surely remain in the memory of those present, we would like that both plaintiff and defendant explain what they will do to make that speech credible, when they remain indifferent to the solution of this case, which favours acts of trademark counterfeit and unfair competition. How would they react if their valuable trademarks and patent would be deliberately used? Would they accept the argument of an alleged defendant if this were to argue that they are making every effort with their legislative body or, would they apply urgent retaliation measures? Would the European Union and the United States leave someone to benefit from the use of trademarks or patents for the period of eight years?

In a statement regarding the celebration of the World Day of the Intellectual Property (April 26), the Secretary of State, Mrs. Hillary Clinton, spoke of how the theft of intellectual property is a crime that undermines the incentive for create and represents a serious barrier to lead the public legitimate products and services. Precisely this case of Section 211, has become a clear example of the theft of one of the most prestigious Cuban trademarks and of the product it represents, which was dully registered in the U.S. territory.

Mr. Chairman, Cuba reiterates once again that both parties should take actions to fully repeal Section 211, and they should do so with the same impetus with which they promoted and still promote international rules to protect their own interests in terms of Intellectual Property.

Thank you very much.

(Cubaminrex-Misión Permanente de Cuba en Ginebra)