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NOTE:
This summary has been prepared by the WTO Secretariat’s Information and
Media Relations Division to help public understanding about developments
in WTO disputes. It is not a legal interpretation of the issues, and it is
not intended as a complete account of the issues. These can be found in
the reports themselves and in the minutes of the Dispute Settlement
Body’s meetings.
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Adoption of panel report
DS362: China — Measures affecting the protection and enforcement of
intellectual property rights
The DSB adopted the panel report
(WT/DS/362/R) on the United States’ complaint against China's measures
affecting the protection and enforcement of intellectual property rights.
The US said this dispute concerned fundamental provisions in the TRIPS
Agreement related to the protection and enforcement of intellectual property
rights (IPR). The US said it had been concerned that levels of
counterfeiting and piracy in China remained unacceptably high and added it
had brought this dispute because several aspects of China's legal regime
were contributing to the problem by hindering effective IPR protection and
enforcement.
The US stated that the panel agreed with its concerns. The US hoped that
China would move promptly to implement the DSB recommendations. The US
acknowledged that China had taken active steps to improve IPR protection and
welcomed China's decision to reduce the criminal copyright limit from 1,000
to 500 infringing copies.
China said it had a productive and constructive dialogue on intellectual
property protection and had over the years worked vigorously to ensure its
protection regime met its WTO obligations. China regretted that the US set
aside a more cooperative approach to pursue litigation without apparent
economic benefit. One year ago, in its statement to the panel, China had
acknowledged it did not have a perfect record on protection and continued to
face difficulties in protecting IPRs. China insisted however it had always
acted in good faith to implement its legal commitments under the TRIPS
Agreement.
China added that the panel rejected the great majority of the arguments
against its measures on criminal and copyright enforcement, as well as
disposition of goods seized at the border. China said it would continue to
fulfil its obligations under the TRIPS Agreement and the Dispute Settlement
Understanding (DSU) in good faith and looked forward to working on a
cooperative basis with other WTO members to strengthen the international
protection of IPRs in a balanced manner. China concluded it would examine
carefully how it would bring its measures into conformity with the DSB
ruling.
Australia, Canada, Korea and the EC supported the panel's findings and
welcomed the adoption of the report.
Panel establishment back to top
DS383: United States — Anti-dumping measures on polyethylene retail
carrier bags from Thailand
The panel was established at Thailand's first-time request (WT/DS383/2)
which challenged the use of zeroing by the US in weighted-average to
weighted-average price comparisons in an anti-dumping investigation.
Thailand said the DSB had ruled against this type of zeroing in several
cases. Thailand hoped to work towards a prompt and satisfactory resolution
of this dispute and thanked the US for agreeing to the establishment of the
panel. Thailand concluded it appreciated the constructive and cooperative
approach taken by the US.
The US said it had agreed with Thailand on a procedural framework that
should permit this case to be resolved rapidly. The US confirmed that it had
worked closely and constructively with Thailand and hoped to continue this
cooperation.
Argentina, the EC, Japan and Chinese Taipei reserved their third-party
rights.
Panel request back to top
DS381: United States — Measures Concerning the importation, marketing
and sale of tuna and tuna products
Mexico requested the establishment of a panel (WT/DS381/4)
on US measures prohibiting the labelling of Mexican tuna products as dolphin
safe. This first-time request was blocked by the US, hence the panel was not
established.
Mexico said that this issue went back to the GATT days. Mexico specified
that although today's case was based on different grounds, it had the same
effect. Mexico stated that its fishing methods did not jeopardise the
dolphin population and complied with international agreements. Mexico added
that international NGOs considered Mexican fishing methods as most selective
and respective of the marine environment. Mexico concluded that it had lost
1/3 of its tuna fleet as a consequence of the US measures.
The US said it was disappointed at Mexico's request to establish a panel and
was confident that its dolphin safe labelling measures challenged by Mexico
were consistent with its WTO obligations. The US urged Mexico to reconsider
its decision.
Implementation of DSB rulings back to top
According to Article 21.6 of the DSU,
the DSB has to keep under surveillance the implementation of adopted
rulings. At each regular meeting of the DSB, therefore, the member concerned
provides a written and oral status report on its progress in the
implementation of rulings.
DS332: Brazil — Measures affecting imports of retreaded tyres
The panel and Appellate Body reports were adopted on 17 December 2007 and
Brazil had until 17 December 2008 to comply with the DSB recommendations (WT/DS332/R
and
WT/DS332/AB/R).
Brazil presented a status report (WT/DS332/19) for the first time to the DSB
and reported it had initiated an action in the Supreme Court to prevent
lower courts from issuing injunctions allowing imports of used tyres in
Brazil and to revoke already granted ones. Brazil specified that while the
Supreme Court acknowledged the relevance of the import ban on used tyres as
part of Brazil's strategy on waste tyres, it had not yet ruled on this
issue. Brazil believed that the Supreme Court judgement would strengthen
Brazil's environmental policy and implement the DSB ruling.
The EC said it was neither convinced nor satisfied by Brazil's actions. The
EC added that the fastest and best way to implement the DSB ruling was to
lift the import ban on retreaded tyres which would also ensure that Brazil's
MERCOSUR obligations were respected. The EC stressed that the DSB ruling did
not permit keeping the import ban while maintaining the possibility for
intra-MERCOSUR trade in retreads.
The EC underlined it was strongly in favour of environmental and public
health protection and would not discourage Brazil from protecting its
citizens. The EC however pointed out that more effective measures were
available instead of selectively targeting certain imported products. The EC
deplored allegations according to which it intended to export waste to
Brazil and added it managed, recycled and recovered waste tyres without
resorting to exports. The EC called upon Brazil to end without further delay
its discriminatory practices regarding retreaded tyres by removing the
import ban.
Argentina and Paraguay said talks on a common MERCOSUR regime regarding
retreaded tyres should continue.
DS291,
DS292,
DS293: EC — Measures affecting the approval and marketing of biotech
products
The EC reported on recent developments and stated it had approved the use of
GM oilseed rape (T-45) on 10 March 2009. The EC also indicated it had agreed
with Argentina and Canada to modify the reasonable period of time so as to
respectively expire on 30 June 2009 and 1 May 2009 (WT/DS291/37/Add.14
— WT/DS292/31/Add.14 — WT/DS293/31/Add.14).
Canada, Argentina and the US reiterated their concerns about the EC's
regulatory system for reviewing and approving new biotech products.
DS350: United States — Continued existence and application of zeroing
methodology
The panel and Appellate Body reports were adopted on 19 February 2009
(WT/DS350/R and
WT/DS350/AB/R), and according to Article 221.3 of the DSU,
the US had 30 days after the adoption of the reports to inform the DSB of
its intention to implement the recommendations.
The US stated it intended to comply with the DSB ruling despite its deep
concern about the Appellate Body report. The US said it would need a
reasonable period of time to implement the ruling.
The EC said it would stand ready to discuss with the US the appropriate
period of time and hoped that prompt and full compliance would follow.
Next meeting back to top
The next meeting of the DSB will be
held on 20 April 2009 and the agenda will be available on 9 April 2009.
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