on February 1, 2002, the World Trade Organization adopted a report by its Appellate Body that concluded that a U.S. law known as Section 211 violates U.S. obligations to protect and enforce intellectual property rights under the Agreement on Trade Related Aspects of Intellectual Property Rights, TRIPS. The WTO urged the United States to take the necessary steps to bring the United States into compliance with its international obligations. This decision provides Congress with an opportunity--a chance to reaffirm our commitment to the protection of intellectual property rights by repealing Section 211 in its entirety. Section 211 is a special interest provision that was added into the FY 1999 Omnibus Appropriations Act at the behest of Bacardi, Ltd., a Bermuda-based corporation, just prior to enactment. It was not considered in conference, in any committee, or on the floor of either House of Congress. This ill-conceived provision triggered the WTO complaint against the United States and has undermined U.S. leadership in promoting strong protection for intellectual property rights in the global marketplace. The Appellate Body concluded that key provisions of Section 211 violate two fundamental principles of WTO rules--national treatment and most-favored-nation treatment--which prohibit WTO members from discriminating against intellectual property right holders based on nationality.
Editor's note · Context
Discussing the World Trade Organization's ruling on U.S. law Section 211 and its implications for intellectual property rights.
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