CubaMinrex. Sitio del Ministerio de Relaciones Exteriores de Cuba

Statement by Rodolfo Reyes Rodriguez, ambassador of the permanent mission of Cuba, on section 211 of the wto’s dispute settlement body (DSB), 17 December 2010

Mr. Chairman,

We have reviewed the brief status report submitted by the United States of America about this dispute and we see that it is exactly the same presented in January 2010. Nothing has changed with the course of this year, as nothing has happened in nearly a decade we have been forced to denounce the disdain of the world’s largest economy to the international law.

Taking into account that a report of this nature should inform this Body about the progresses made in the implementation of recommendations or resolutions, we would have to ask ourselves, what is the point of this document and what is its purpose? For years, the government of the United States has repeated exactly the same words, without the slightest will to approach the truth of the facts.

The legislation projects mentioned by the U.S. delegation in its report continue at a standstill, among them those in which the repeal of Section 211 is proposed as a definitive solution to the case, due to the fact that it does not constitute a priority for the U.S. Administration or Congress.  This action contributes to maintain the pressure and political maneuvering of a small group of Cuban-Americans who have made the obsolete political dispute between Cuba and the U.S. becomes the centre of their political careers and their economic livelihood.

            The United States’ conduct, besides being illegal and shameless, is the greatest nonsense in terms of intellectual property right.  These are private rights, whose main beneficiaries are the companies of the United States and other developed countries, which monopolize the ownership of the overwhelming majority of trademarks and patents.

The United States have always stated that protecting intellectual property rights is a priority.  However, they keep in force one legal code contrary to the Agreement par excellence in the protection of these rights at the multilateral level.

It is known that Section 211 violates the rights of Cuban trademarks’ holders and facilitates the fraudulent sale of products with HAVANA CLUB trademark by the Bacardi Company, a well-known trademark that identifies a Cuban origin.  Commercial crime is thus favoured and a negative pattern is consolidated, especially for those players of trade who have taken very seriously the fight against counterfeiting.

It would be convenient to analyse in depth the effectiveness of the dispute settlement mechanism, particularly for developing countries that constitute the majority of the Members, since, as confirmed by the facts, the mechanism requires urgent substantial transformations.  Section 211 is one case, among others, that has been an unsolved item of this Body’s agenda for years, contrary to WTO legally binding Agreements. 

Mr. Chairman,

We cannot remain silent against this situation of impunity that lacerates the confidence in the Multilateral Trading System.  Preserving effectiveness and credibility of institutions that took much time and effort to build, is a collective responsibility.

 

In accordance with the International Law, the United States have the responsibility to ensure that its laws, regulations, and judicial and administrative procedures are in conformity with its obligations under the WTO Agreements and other international treaties to which it is a Party.

It is also an obligation to demand the unconditional fulfilment of the commitments made by all Members and in this particular case the required solution is the repeal of Section 211.

Thank you very much

(Cubaminrex-Embacuba Ginebra)

 

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