This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.
See also:
Current status
back to top
Key facts
back to top
Latest document
back to top
Summary of the dispute to date
The summary below was up-to-date at
Consultations
Complaint by Brazil.
On 31 January 2001, Brazil requested consultations with the US concerning the provisions of the US Patents Code, in particular those of Chapter 18 [38] — “Patent Rights in Inventions Made with Federal Assistance”. Brazil detected several discriminatory elements in the US Patents Code, including, but not limited to, the following examples:
- the stipulation that no small business firm or non-profit
organization which receives title to any subject invention shall grant
to any person the exclusive right to use or sell any subject invention
in the US unless such person agrees that any products embodying the
subject invention or produced through the use of the invention will be
manufactured substantially in the US.
- Brazil also referred to a requirement that each funding agreement
with a small business firm or non-profit organization shall contain
appropriate provisions to effectuate the above-mentioned requirement;
and
- the statutory restrictions limiting the right to use or sell any federally owned invention in the US only to a licensee that agrees that any products embodying the invention or produced through the use of the invention will be manufactured substantially in the US.
Brazil requested consultations with the US on these and other provisions of the US Patents Code, to “understand how the US justifies the consistency of such requirements with its obligations under the TRIPS Agreement, especially Articles 27 and 28, the TRIMs Agreement, Article 2 in particular, and Articles III and XI of GATT 1994”.
Share
Follow this dispute
Problems viewing this page? If so, please contact [email protected] giving details of the operating system and web browser you are using.