[Federal Register Volume 63, Number 22 (Tuesday, February 3, 1998)] [Notices] [Pages 5599-5600] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-2595] ----------------------------------------------------------------------- OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE [Docket No. WTO/D-16] WTO Dispute Settlement Proceedings: Ireland--Measures Affecting the Grant of Copyright and Neighboring Rights, and European Communities--Measures Affecting the Grant of Copyright and Neighboring Rights
Agency
Office of the United States Trade Representative.
Action
Notice; request for comments.
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Summary
Pursuant to section 127(b)(1) of the Uruguay Round Agreements Act (URAA) (19 U.S.C. 3537(b)(1)), the Office of the United States Trade Representative (USTR) is providing notice that the United States has requested the establishment of a dispute settlement panel under the Agreement Establishing the World Trade Organization, to examine whether the legal regime in Ireland complies with the obligations in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement). USTR also invites written comments from the public concerning the issues raised in these disputes.
Dates
Although USTR will accept any comments received during the course of the dispute settlement proceedings, comments should be submitted on or before February 20, 1998, to be assured of timely consideration by USTR in preparing its first written submission to the panel.
Addresses
Comments may be submitted to Greg Gerdes, Office of Monitoring and Enforcement, Room 501, Attn: Ireland TRIPS Dispute, Office of the U.S. Trade Representative, 600 17th Street, N.W., Washington, DC 20508.
For Further Information Contact
Claude Burcky, Director for Intellectual Property (202) 395-6864, or Geralyn S. Ritter, Associate General Counsel, (202) 395-6800, Office of the U.S. Trade Representative, 600 17th Street, N.W., Washington, DC 20508.
Supplementary Information
On January 9, 1998, the United States formally requested establishment of a WTO dispute settlement panel to examine whether the legal regime in
Ireland is inconsistent with the obligations of the TRIPS Agreement. The WTO Dispute Settlement Body (DSB) considered the U.S. request at its meeting on January 22, 1998. Under the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes, the DSB must establish a panel at the next DSB meeting where this request is on the agenda, unless the DSB determines by consensus otherwise. Under normal circumstances, the panel would be expected to issue a report detailing its findings and recommendations within six to nine months after it is established.
Major Issues Raised by the United States and Legal Basis of Complaints
In separate cases filed against Ireland and the European Communities, the United States has requested the establishment of a panel to examine whether the legal regime in Ireland fails to conform to the obligations in Articles 9, 13, 14, 41, 42, 43, 44, 45, 46, 47, 48, 61, 63, 65 and 70 of the TRIPS Agreement. All developed country Members of the World Trade Organization (``WTO'') are currently obligated to provide copyright and neigbouring rights in accordance with Section 1 of Part II, and the related provisions in Article 70, of the TRIPS Agreement. Such Members are also obligated to comply with the enforcement provisions in Sections 1, 2 and 5 of Part III of the TRIPS Agreement. Ireland and the European Communities were obligated to implement the provisions of the TRIPS Agreement as of January 1, 1996. The legal regime in Ireland, however, does not comply fully with the obligations described in Articles 9, 13, 14, 41, 42, 43, 44, 45, 46, 47, 48, 61, 65 and 70. In addition, to the extent that Ireland and the European Communities have adopted measures to implement Articles 9, 13, 14, 41, 42, 43, 44, 45, 46, 47, 48, 61, 65 and 70 of the TRIPS Agreement, but have not published such measures or notified them to the Council for TRIPS, they have failed to comply with Article 63 of the TRIPS Agreement. Article 9 of the TRIPS Agreement establishes the relationship of the TRIPS Agreement to the Paris Act of the Berne Convention for the Protection of Literary and Artistic Works of 24 July 1971 (``Berne Convention''), and requires that Members comply with Articles 1 through 21 of the Berne Convention and the Appendix thereto, with the exception of Article 6bis of that Convention. The legal regime in Ireland fails to comply with Article 9 of the TRIPS Agreement because it is inconsistent with the Berne Convention in various respects. For example, the legal regime in Ireland does not cover translations of official works, protection of architectural works, anonymous and pseudonymous works, and ownership of rights in film. Under the TRIPS Agreement, Members must confine limitations and exceptions to exclusive rights required under Section 1 of Part II ``to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonable prejudice the legitimate interests of the right holder.'' Under the legal regime in Ireland, the exceptions to right holders' exclusive rights exceed those permissible under Article 13 of the TRIPS Agreement. In Article 14, the TRIPS Agreement contains requirements regarding the grant of rental rights to producers of phonograms and any other right holder in phonograms. The legal regime in Ireland is not consistent with this provision. The legal regime in Ireland does not provide civil remedies with respect to the unauthorized making of phonograms or cinematographic films from a performance and the unauthorized broadcast of such performance. The legal regime in Ireland is thus inconsistent with Sections 1 and 2 of Part III of the TRIPS Agreement. Under article 61 of the Trips Agreement, Members must provide for criminal procedures and penalties to be applied in cases of copyright piracy on a commercial scale. Remedies available must include ``imprisonment and/or monetary fines sufficient to provide a deterrent * * *.'' Under Article 41 of the TRIPS Agreement, Members must ensure that the enforcement procedures specified in the Agreement are available under their law so as to ``permit effective action against any act of infringement of intellectual property rights'' covered by the TRIPS Agreement, including ``remedies which constitute a deterrent to further infringements.'' The criminal fines and terms of imprisonment available under the legal regime in Ireland are insufficient to provide an effective deterrent against copyright piracy in Ireland. The legal regime in Ireland also does not provide adequate protection to pre-existing works, phonograms, and performances for a full term of protection. In this respect, the legal regime in Ireland is inconsistent with Articles 9, 12, 14 and 70 of the TRIPS Agreement.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments concerning the issues raised in the dispute. Comments must be in English and provided in fifteen copes. 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 commenter. Confidential business information must be clearly marked ``BUSINESS CONFIDENTIAL'' in a contrasting color ink at the top of each page of each copy. Information or advice contained in a comment submitted, other than business confidential information, may be determined by 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 submitter believes that information or advice may qualify as such, the submitter-- (1) Must so designate that 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)), 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, N.W., Washington DC 20508. The public file will include a listing of any comments received by 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 participants 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-16 (``Ireland/EC TRIPS Implementation'') 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. Amelia Porges, Senior Counsel for Dispute Settlement. [FR Doc. 98-2595 Filed 2-2-98; 8:45 am] BILLING CODE 3190-01-M