United States – Section 211 Omnibus Appropriations Act of 1998 (WT/DS176): Report of the Appellate Body

Summary

INTRODUCTION

The European Communities and the United States appeal from certain issues of law and legal interpretations in the Panel Report, United States – Section 211 Omnibus Appropriations Act of 1998 (the “Panel Report”). The Panel was established on 26 September 2000 to consider a complaint by the European Communities with respect to Section 211 of the United States Omnibus Appropriations Act of 1998 (“Section 211”). The European Communities alleged that Section 211 is inconsistent with certain obligations of the United States under the Agreement on Trade-Related Aspects of Intellectual Property Rights (the “TRIPS Agreement”), as read with the relevant provisions of the Paris Convention for the Protection of Industrial Property, as amended by the Stockholm Act of 1967 (the “Paris Convention (1967)”), which are incorporated by reference into the TRIPS Agreement.

The background to this dispute and the measure at issue are described in detail in the Panel Report. Here, we set out those aspects of the measure that are relevant to this appeal.

The complaint by the European Communities relates to Section 211, which was signed into law on 21 October 1998. Section 211 states as follows:

(a) (1) Notwithstanding any other provision of law, no transaction or payment shall be authorized or approved pursuant to section 515.527 of title 31, Code of Federal Regulations, as in effect on September 9, 1998, with respect to a mark, trade name, or commercial name that is the same as or substantially similar to a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated unless the original owner of the mark, trade name, or commercial name, or the bona fide successor-in-interest has expressly consented.

[a] (2) No U.S. court shall recognize, enforce or otherwise validate any assertion of rights by a designated national based on common law rights or registration obtained under such section 515.527 of such a confiscated mark, trade name, or commercial name.