CubaMinrex. Sitio del Ministerio de Relaciones Exteriores de Cuba

Statement delivered by Rodolfo Reyes Rodríguez, Ambassador Extraordinary and Plenipotentiary of the Permanent Mission of Cuba, on Section 211 of the WTO’s Dispute Settlement Body. November 19, 2009

Mr. Chairman,

After reviewing the cases under the item “Surveillance of implementation of recommendations adopted by the Dispute Settlement Body”, among them Section 211, it is seriously doubted that this is the mechanism to ensure all the compliance with the covered agreements and to preserve the rights and obligations of Members.

The main goal of this dispute settlement system, which was one of the most outstanding results of the Uruguay Round, is to secure the withdrawal of the measures that are inconsistent with the provisions of any agreements, as stipulated in paragraph 7 of Article 3 of the Dispute Settlement Understanding.

Thus, while not fulfilling the resolutions of this body on Section 211, the parties will be ignoring the main purpose of a system that has been used primarily by them in his fourteen years of existence. United States has appeared as a plaintiff in 93 cases in this body.

Mr. President,

It is extremely negative the precedent that both the United States and the European Communities have established in the case we are dealing with. It has been more than seven years of the Appellate Body ruling. The parties that, in the various multilateral forums, demand other countries strict adherence to intellectual property rights, rights of a private nature in addition, come to this body every month without even providing some information on how and when they will comply with recommendations.

The existing and illegal Section 211 directly harms the trademark rights of Cuban owners. It should be clarified once again that this is an unacceptable demonstration of the blockade policy the U.S. imposes on Cuba.

Mr. President,

Allow me, as it has done my delegation in these meetings, that Cuba provides updated information under this item of the agenda.

Last October 28, with the favorable vote of 187 countries –an almost unanimous support– the General Assembly of the United Nations adopted by eighteenth occasion a resolution demanding the U.S. to end the economic, commercial and financial blockade it maintains against Cuba since 1962.

The international community's message is unequivocal. The blockade policy of the United States against Cuba, which includes Section 211, has never been more isolated.

Section 211 has not yielded the expected results either. Despite the crude attempts of Bacardí to usurp it, HAVANA CLUB is a well-known trademark that identifies the Cuban origin.

The parties know, like any other Member, the economic and commercial meaning of the intellectual property rights. It is not a coincidence that they are due, in large measure, the TRIPS Agreement, whose provisions in most cases are far from the interests of developing countries and least developed countries.

Once again, Cuba demands the parties to take immediate and effective actions to end this dispute.

Thank you

(Cubaminrex-Misión Cuba ONU)