[Federal Register: March 4, 2004 (Volume 69, Number 43)]
[Notices]
[Page 10287-10288]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr04-100]
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OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
[Docket No. WTO/DS 174]
WTO Dispute Settlement Proceeding Regarding European
Communities--Protection of Trademarks and Geographical Indications for
Agricultural Products and Foodstuffs
AGENCY: Office of the United States Trade Representative.
ACTION: Notice; request for comments.
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SUMMARY: The Office of the United States Trade Representative (USTR) is
providing notice that on February 23, 2004, a WTO dispute settlement
panel was composed to examine the European Communities Regulations
2081/92, as amended, which governs the protection of geographical
indications for agricultural foodstuffs. USTR invites written comments
from the public concerning the issues raised in this dispute.
DATES: Although USTR will accept any comments received during the
course of the dispute settlement proceedings, comments should be
submitted on or before March 26, 2004, to be assured of timely
consideration by USTR.
ADDRESSES: Comments should be submitted (i) electronically, to
FR0418@ustr.gov, with ``EC GI's Dispute (DS174)'' in the subject line,
or (ii) by fax, to Sandy McKinzy at (202) 395-3640, with a confirmation
copy sent electronically to the electronic mail address above, in
accordance with the requirements for submission set out below.
FOR FURTHER INFORMATION CONTACT: Victoria A. Espinel, Associate General
Counsel, Office of the United States Trade Representative, 600 17th
Street, NW., Washington, DC, (202) 395-5961.
SUPPLEMENTARY INFORMATION: Section 127(b) of the Uruguay Round
Agreements Act (URAA) (19 U.S.C. 3537(b)(1)) requires that notice and
opportunity for comment be provided for the establishment of a WTO
dispute settlement panel. The panel, which would hold its meetings in
Geneva, Switzerland, is expected to issue a report on its findings and
recommendations within six to nine months after it is established.
Major Issues Raised by the United States
EC Council Regulation (EEC) No 2081/92 of July 14, 1992, as
amended, governs the protection of geographical indications and
designations of origin for agricultural products and foodstuffs. The
United States believes this measure to be inconsistent with several
provisions of the WTO Trade-Related Aspects of Intellectual Property
Agreement, including Articles 1.1, 2.1 (incorporating by reference
Article 2 of the Paris Convention for the Protection of Industrial
Property (1967), 3.1, 4, 16.1, 20, 22.1, 22.2, 24.5, 41.1, 41.2, 41.4,
42, 44.1, 63.1, 63.3 and 65.1.) The United States also believes that
the measure is inconsistent with Articles I and III:4 of the GATT 1994.
The U.S. concerns are, inter alia, that Regulation 2081/92 does not
provide the same treatment to other nationals and products originating
outside the EC that
[[Page 10288]]
it provides to the EC's own nationals and products, does not accord
immediately and unconditionally to the nationals and products of each
WTO Member any advantage, favor, privilege or immunity granted to the
nationals and products of other WTO Members, diminishes the legal
protection for trademarks (including to prevent the use of an identical
or similar sign that is likely to confuse and adequate protection
against invalidation), does not provide legal means for interested
parties to prevent the misleading use of a geographical indication,
does not define a geographical indication in a manner that is
consistent with the definition provided in the TRIPS Agreement, is not
sufficiently transparent, and does not provide adequate enforcement
procedures.
The U.S. panel request can be downloaded from the WTO Web site, at
http://docsonline.wto.org:80/DDFDocuments/t/WT/DS/174-20.doc.
Public Comment: Requirements for Submissions
Interested persons are invited to submit written comments
concerning the issues raised in this dispute. Persons submitting
comments may either send one copy by fax to Sandy McKinzy at (202) 395-
3640, or transmit a copy electronically to FR0418@ustr.gov, with ``EC
GI's Dispute (DS174)'' in the subject line. For documents sent by fax,
USTR requests that the submitter provide a confirmation copy to the
electronic mail address listed above.
USTR encourages the submission of documents in Adobe PDF format, as
attachments to an electronic mail. Interested persons who make
submissions by electronic mail should not provide separate cover
letters; information that might appear in a cover letter should be
included in the submission itself. Similarly, to the extent possible,
any attachments to the submission should be included in the same file
as the submission itself, and not as separate files.
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 submitter.
Confidential business information must be clearly designated as such
and marked ``BUSINESS CONFIDENTIAL'' at the top and bottom of the cover
page and each succeeding page of the submission.
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 submitting person believes that
information or advice may qualify as such, the submitting person--
(1) Must clearly so designate the information or advice;
(2) Must clearly mark the material as ``SUBMITTED IN CONFIDENCE''
at the top and bottom of each page of the cover page and each
succeeding page; 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, which is located at 1724 F
Street, NW., Washington, DC 20508. The public file will include non-
confidential comments by USTR from the public with respect to the
dispute; if a dispute settlement panel is convened, the U.S.
submissions to that panel, 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 panel; and, if applicable,
the report of the Appellate Body. An appointment to review the public
file (Docket No. WT/DS-174, EC Geographical Indications Dispute) may be
made by calling the USTR Reading Room at (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.
Daniel Brinza,
Assistant United States Trade Representative for Monitoring and
Enforcement.
[FR Doc. 04-4805 Filed 3-3-04; 8:45 am]
BILLING CODE 3190-01-M