TWN Info Service
on WTO and Trade Issues (Mar10/11)
Geneva, 16 Mar (Kanaga Raja) -- The government of Brazil on Monday launched a process of public consultations on measures for the suspension of concessions or obligations in the area of intellectual property rights (IPRs) that may be applied against the United States in retaliation for its non-compliance with the rulings of the WTO Dispute Settlement Body in the upland cotton dispute.
According to a press release by the Brazilian government, these measures are based on Provisional Measure No. 482 of 10 February 2010.
This is the second
The resolution also contained a provisional list of products over which patents, copyrights and royalties can be suspended.
These include suspension for a limited time, patents on products or processes in relation to medicaments including for veterinary use, on agro-chemical products, agricultural biotechnology products, and music. They also include compulsory licensing on patents on products or processes in relation to drugs, agro-chemicals, and agro-biotech products.
Also included are measures relating to compulsory licensing on copyrights over literary works and audiovisual products.
The measures also relate to the application of rights over royalties generated by patents, and copyrights over computer software, as well as increased costs on registering patents.
have 20 days to submit comments on the proposed measures, said
According to the Brazilian press release, the application of countermeasures in the area of intellectual property was authorized by the WTO and may reach a level of as much as $238 million in the course of one year.
may remain in force as long as the
After analysis of the comments received from interested parties, the Brazilian Government will select a set of measures from among those that are being subject to public consultations.
According to the press release, the selected measures will complement the countermeasures in the area of goods which were made public on 8 March 2010.
(On 8 March, the Brazilian
government published its final list of goods originating from the
(All of the products in the list will see increased import duties from the current applied levels, with the steepest increase reserved for cotton and woven fabrics of cotton, from the current 6-26% to 100%. See SUNS #6880 dated 10 March 2010.)
In its press release
of 15 March,
Meanwhile, according to media reports, US Commerce Secretary Gary Locke, who was in Brasilia last week, said following his meeting with senior Brazilian officials that the US was soon going to commence negotiations with Brazil.
The reports also cited