[Federal Register Volume 64, Number 140 (Thursday, July 22, 1999)]
[Notices]
[Page 39552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18736]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/D-170]
WTO Dispute Settlement Proceeding Regarding Canada--Patent Term
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
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SUMMARY: The Office of the United States Trade Representative
(``USRT'') is providing notice of the request for the establishment of
a dispute settlement panel under the Marrakesh Agreement Establishing
the World Trade Organization (``WTO''), by the United States, to
examine the Canadian Patent Act. In this dispute, the United States
alleges that the patent term granted by the Canadian patent Act is
inconsistent with obligations of Canada under the Agreement on Trade-
Related Aspects of Intellectual Property Rights (``TRIPS Agreement'').
The USTR invites written comments from the public concerning the issues
raised in this dispute.
DATES: Although the USTR will accept any comments received during the
course of the dispute settlement proceedings, comments should be
submitted by September 1, 1999, to be assured of timely consideration
by the USTR in preparing its first written submission to the panel.
ADDRESSES: Comments may be submitted to Sandy McKinzy, Litigation
Assistant, Office of Monitoring and Enforcement, Room 122, Attn: Canada
Patent Term Dispute, Office of the United States Trade Representative,
700 17th Street NW, Washington, DC 20508.
FOR FURTHER INFORMATION CONTACT: Geralyn Ritter, Assistant General
Counsel, (202) 395-6800.
SUPPLEMENTARY INFORMATION: Pursuant to section 127(b) of the Uruguay
Round Agreements (URAA)(19 U.S.C. 3537(b)(1), USTR is providing notice
that on July 15, 1999, the United States submitted a request for the
establishment of a WTO dispute settlement panel to examine whether the
patent term as provided by the Canadian Patent Act is inconsistent with
certain provisions of the TRIPS Agreement. The WTO Dispute Settlement
Body (``DSB'') will consider the United States' request for the
establishment of a panel for the first time on July 26, 1999.
Major Issues Raised and Legal Basis of the Complaint
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 existing as of the date of the application of the Agreement to
that Member. Canada has been obligated to apply the provisions of the
TRIPS Agreement in full since January 1, 1996. However, the Canadian
Patent Act provides that the term granted to patents issued on the
basis of applications filed before October 1, 1989, is 17 years from
the date on which the patent is issued. The United States considers
this to be inconsistent with Canada's obligations under Articles 33 and
70 of the TRIPS Agreement.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Comments must be in
English and provided in fifteen copies to Sandy McKinzy at the address
provided above. A person requesting that information contained in a
comment submitted by that person be treated as confidential business
information must certify that such information is business confidential
and would not customarily be released to the public by the submitting
person. Confidential business information must be clearly marked
``BUSINESS CONFIDENTIAL'' in a contrasting color ink at the top of each
page of each copy.
Informaiton or advice contained in a comment submitted, other than
business confidential information, may be determined by the USTR to be
confidential in accordance with section 135(g)(2) of the Trade Act of
1974 (19 U.S.C. 2155(g)(2)). If the submitting person believes that
information or advice may qualify as such, the submitting person--
(1) Must so designate the information or advice;
(2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE''
in a contrasting color ink at the top of each page of each copy; and
(3) Is encouraged to provide a non-confidential summary of the
information or advice.
Pursuant to section 127(e) of the URAA (19 U.S.C. 3537(e)), the
USTR will maintain a file on this dispute settlement proceeding,
accessible to the public, in the USTR Reading Room: Room 101, Office of
the United States Trade Representative, 600 17th Street, NW.,
Washington DC 20508.The public file will include a listing of any
comments received by the USTR from the public with respect to the
proceeding; the U.S. submissions to the panel in the proceeding, the
submissions, or non-confidential summaries of submissions, to the panel
received from other parties in the dispute, as well as the report of
the dispute settlement panel, and, if applicable, the report of the
Appellate Body. An appointment to review the public file (Docket WTO/D-
170, Canada Patent Term) may be made by calling Brenda Webb, (202) 395-
6186. The USTR Reading Room is open to the public from 9:30 a.m. to 12
noon and 1 p.m. to 4 p.m., Monday through Friday.
A. Jane Bradley,
Assistant U.S. Trade Representative for Monitoring and Enforcement.
[FR Doc. 99-18736 Filed 7-21-99; 8:45 am]
BILLING CODE 3190-01-M
