ARLINGTON, Va., June 14, 2001 (PRIMEZONE) -- The Alexis de Tocqueville Institution today praised the World Trade Organization's (WTO) preliminary ruling, which found that a U.S. law is in violation of certain obligations under a global intellectual property agreement it helped to craft.
The WTO panel supported the European Union in its case against the U.S. when it found that Section 211, a controversial provision slipped into the Omnibus Appropriations Act of 1999, denies trademark holders access to the U.S. court system and prevents them from defending their rights in court. This point is also contrary to what is required under the Agreement for Trade Related Aspects of International Property (TRIPs), and undermines the U.S.'s credibility on intellectual property rights.
"We are pleased that the WTO panel found this key element of Section 211 to be inconsistent with TRIPs," said Kenneth Brown, President of the Alexis de Tocqueville Institution. "This ruling impacts not just a few companies, but intellectual property owners worldwide who want to protect their rights in court."
Bacardi, a major donor to U.S. political campaigns, pressured the U.S. Congress to pass Section 211 in 1998. The special interest legislation effectively immunized Bacardi from being found guilty of trademark infringement and nullifies any Cuban-owned trademarks without the consent of the original owners. The original owners of the Havana Club Rum allowed their trademark to lapse. A Cuban company applied for the trademark in 1974 and the U.S. Patent and Trademark Office (USPTO) approved the application in 1976.
"Now that the WTO has ruled on Section 211, we call on the U.S. Congress to affirm the U.S.'s leadership on intellectual property issues on a global scale and repeal Section 211 immediately and lead by example on these issues in the future."
-0-
CONTACT: Alexis de Tocqueville Institution, Arlington
Spencer Naake
(703) 351-4969
snaake@adti.net
spencer_naake@hotmail.com
www.adti.net