European Communities – Protection of Trademarks and Geographical Indications for Agricultural Products and Foodstuffs, Complaint by the United States (WT/DS174): Report of the Panel
Published online by Cambridge University Press: 13 December 2017
Summary
INTRODUCTION
On 1 June 1999, the United States requested consultations with the European Communities pursuant to Article 4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (“DSU”) and Article 64 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS Agreement”) (to the extent that it incorporates by reference Article XXIII of the General Agreement on Tariffs and Trade 1994 (“GATT 1994”) regarding EC Council Regulation (EEC) No. 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, as amended. The United States and the European Communities held consultations on 9 July 1999, and thereafter, but these consultations failed to resolve the dispute.
On 4 April 2003, the United States supplemented its earlier request with a request for additional consultations with the European Communities pursuant to Article 4 of the DSU, Article 64 of the TRIPS Agreement and Article XXII of the GATT 1994, regarding the protection of trademarks and geographical indications for agricultural products and foodstuffs in the European Communities pursuant to Regulation 2081/92, as amended, and its related implementing and enforcement measures (“Regulation 2081/92”). The United States and the European Communities held consultations pursuant to this supplemental request on 27 May 2003, but these consultations also failed to resolve the dispute.
On 18 August 2003, the United States requested the Dispute Settlement Body (“DSB”) to establish a panel with standard terms of reference as set out in Article 7.1 of the DSU. At its meeting on 2 October 2003, the DSB established a single Panel pursuant to the requests of the United States in document WT/DS174/20 and Australia in document WT/DS290/18, in accordance with Article 9 of the DSU (WT/DSB/M/156). At that meeting, the parties to the dispute also agreed that the Panel should have standard terms of reference. The terms of reference are, therefore, the following:
“To examine, in the light of the relevant provisions of the covered agreements cited by the United States in document WT/DS174/20 and Australia in document WT/DS290/18, the matter referred to the DSB by the United States and Australia in those documents, and to make such findings as will assist the DSB in making the recommendations or in giving the rulings provided for in those agreements.”
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- Dispute Settlement Reports 2005 , pp. 3499 - 4066Publisher: Cambridge University PressPrint publication year: 2007
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