back to top

Panel established 

DS362: China — Measures affecting the protection and enforcement of intellectual property rights

At the second time request of the US (WT/DS362/7), the DSB established a panel to review China's protection and enforcement measures of intellectual property rights (IPR).

The US said it recognised China had made the protection of IPR a priority and had taken active steps to improve IPR protection and enforcement. The US added that bilateral discussions on matters related to the panel request had not resulted in a mutually agreed solution which was the reason for the panel request.

China declared it was regrettable that the US asked for a panel a second time and added that it remained confident China's measures were consistent with WTO rules. China stated that the US attempted to impose on developing countries extra obligations going beyond the TRIPS Agreement. China concluded it would defend its interests throughout the process.

The countries that reserved their third party rights are Japan, Mexico, the EC, Chinese Taipei and Argentina.
  
 

DS294: US — Laws, regulations and methodology for calculating dumping margins (“zeroing”)

At the first time request of the EC (WT/DS294/25) and following an agreement between the EC and the US (WT/DS294/21), the DSB established a compliance panel under article 21.5 of the DSU to review the US implementation of the DSB's ruling.

The EC said that today's request should not come as a surprise as the EC had expressed dissatisfaction with US actions several times. The EC declared the US is still collecting duties using the zeroing method.

The US stated it was disappointed that the EC was seeking the establishment of a panel.

The US said it had complied with the recommendations of the DSB and was confident the panel would agree. The US argued that some measures in the EC panel request should not be considered by the panel as they were out of the article 21.5 scope.

On the later issue, the EC responded that all the measures identified in the panel request maintained zeroed duty rates in force after the implementation deadline. The EC said the WTO needed to review these measures and that previous DSB rulings supported the EC's approach.

The countries that reserved their third party rights are India, Mexico and Japan.

  

back to top

Byrd Amendment case (DS217, DS234) 

Canada welcomed the fact that duties on imports collected after 30 September 2007 will no longer be subject to the Byrd Amendment. Canada regretted that despite this significant step forward, duties collected before 1 October 2007 would continue to be distributed to the US industry. Canada said it was disappointed that the US would not take action to repeal the Byrd Amendment in full.

Japan and Brazil supported Canada's statement and mentioned that the US industry would receive about USD279 million according to preliminary figures calculated by the US trade authorities.

The EC agreed with Canada, Brazil and Japan. The EC added that the provisional amounts published by the US indicated the distribution to come could be the most important so far.

Thailand, India and China supported the above mentioned countries

The US declared it had repealed the Byrd Amendment and thus had taken all actions to implement the DSB’s recommendations. Regarding the disbursements, the US said it was surprised by other members assertions that it would not have implemented the DSB’s recommendations until the last distribution would be made. The US added that such questions were for panels to decide.

  

back to top

Selection process of Appellate Body members 

The DSB chair announced that the Selection Committee (Director General, Chairpersons of the General Council, of the Goods, Services and TRIPS Councils and the DSB) would interview the candidates on 26 and 27 September as well as on 11 and 15 October.

The Selection Committee will also meet with the delegations on 16, 17 and 18 October and shortly thereafter, inform delegations of its recommendations so that the DSB can take a final decision at its meeting on 19 November 2007.

  

back to top

Next meeting 

The next meetings of the DSB will take place on 28 September 2007 and on 22 October 2007.